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LUTC PKT 02-07-2011City of Federal Way City Council Land Use/Transportation Committee February 7, 2011 City Hall 6:00 .m. Council Chambers MEETING AGENDA (Electronic) 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: January 24, 2011 B. Portable Signs in the Right of Way Code Amendment C. S 320 Street Overlay Reimbursement Contract with Quadrant Corporation D. Enterprise NTS — 18 Ave SW & 20"' Ave SW (South of SW 356 St to County Line) E. Nautilus NTS — S 308 St (1�` Ave S to 4 PI S) 4. OTHER Presenter Page LeMaster 2 Barker 4 Salloum 30 Hannahs 47 Action Hannahs 51 Action Action or Info Action Action Action Council Date Time N/A 5 min. Feb. 15, 2011 10 min. Ordinance 1� Reading Feb. 15, 2011 5 min. Consent Feb. 15, 2011 5 min. Consent Feb. 15, 2011 5 min. Consent 5. FUTURE MEEfINGS/AGENDA ITEMS: The February 21, 2010 LUTC meeting is cancelled in observance of President's Day. The next LUTC meeting is planned for Monday, March 7, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN Committee Members City Staff Linda Kochmar, Chair Cary M. Roe, P.E., Director of Parks, Pub/ic Works and Emergency Management Jim Ferrel% Member Da�/ene LeMaster, Administrative Assistant II lack Dovey, Member 153-835-1701 G.•�LUTC�LUTCAgendasa�5ummaries2011�1-7-1011 LUTCAgenda.dor City of Federal Way City Council Land Use/Transportation Committee January 24, 2011 City Hall 6:00 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Linda Kochmar, Committee Member Jack Dovey and Committee Member Jim Fenell. Council Members in Attendance: Council Member Jeanne Burbidge Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Ken Miller, Surface Water Manager Will Appleton, Senior Engineering Plans Reviewer Ann Dower, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. Approval of the January 10. 2011 LUTC Minutes N/A B. C. Committee approved January 10, 2011 LUTC minutes as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 Proposed Utility Easement with Celebration Park Access Road Senior Engineering Plans Reviewer Ann Dower presented information on this item. There was no public comment. Committee Member povey inquired when Council approved installation of a detention pond at the south end of the park. Ms. Dower confirmed that Council approved the pond in September 2010. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 2-0 Chair Kochmar recused. Amendment to the Lease Agreement for City Premises on a Portion of Milton Road South Feb. 1, 2011 Consent Feb. 1, 2011 Consent Assistant City Attorney Peter Beckwith presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 2 Land Use/Transportation Committee Page 2 January 24, 2010 D. Stormwater Video Inspection System — Request for Quote Surface Water Manager Will Appleton presented information on this item. There was no public comment. Committee Member povey noted the quotes requested are for a very specific product. Are there many companies that could provide a quote? Mr. Appleton acknowledged that very few companies are able to provide this product. Staff is expecting approximately five quotes. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 Feb. 1, 2011 Consent 4. OTHER Councilmember Burbidge thanked staff far the larger depiction of the easement area for Item 3A during the presentation; it was very helpful. Councilmember Burbidge requested that depiction also be added to that agenda item for the Council agenda packet and that staff provide an area map of this subject area with a comprehensive depiction of all recent and future known projects. 5. FUTURE MEETING T'he next LUTC meeting will be held Monday, February 7, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:11 PM. Attest: COMMITTEE APPROVAL: Linda Kochmar, Chair Darlene LeMaster, Administrative Assistant II Jim Fenell, Member Jack Dovey, Member G:U,UTC\LUTC Agendas and Summazies 2011\1-24-11 Minutes.doc 3 COUNCIL MEETING DATES: February 15, 2011 and March 1, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO FEDERAL WAY REVISED CODE (FWRC) CHAPTER 19.05. DEFINITIONS Atvn FWRC 19 .140.060(29) REGARDING PORTABLE S[GNS IN THE RIGHT POL[CY QUEST[ON: Should the City of Federal Way approve amendments to Federal Way Revised Code (FWRC), Chapter 19, to further define portable signs and to allow portable signs to be located in certain portions of the right-of-way with the exception of the City Center Core and Frame zoning districts? CoMMI'FTEE: Land Use & Transportation Co�nmittee (LUTC� MEETING DATE February 7 , 2011 CATEGORY: ❑ Consent � Ordinance ❑ City Councii Business ❑ Resotution STAFF REPORT BY: Deb Barker. Senior Planner ❑ Public Hearing ❑ Other DEPT: Community & Economic Development. Background: On November 15, 2010, the LLJ'I'C forwarded the Planning Commission's recommendation for a code amendment permitting portable signs in the right-of-way to the Federal Way City Council. On January 4, 2011, after leaming of concerns about portable sign's potential adverse impacts to the City Center-Core and City Center-Frame zoning districts, the City Council voted to return the portable sign code amendment to the LUTC for further evaluation. Attachments: (1) Draft Adoption Ordinance; (2) Staff Report to the Planning Commission for the November 3, 2010, Public Hearing; (3) Minutes of the November 3, 2010, Planning Commission Public Hearing; and (4) Minutes from the January 4, 2011 City Council meeting (replacing the rescheduled December 21, 2010 City Council meeting). Options Considered: 1) Adopt the Planning Commission's recommendation; 2) Adopt the Planning Commission's recommendation as modified by the LUTC as contained in the Draft Adoption Ordinance; or 3) Do not adopt the proposed amendments. STAFE RECOMMENDATION: Staff recommends that the Council approve Option #2; adopt the Planning Commission's recommendation as modified by the LUTC and reflected in the Draft Adoption Ordinance. _ �-.,-� MAYOR APPROVAL: ��%�/,/� j/ DIRECTOR APPROVAL: f��jL- `� '�ee Council /�..-' Corrunittee Council COMMITTEE RECOMMENDATION I move to adopt the Planning Commissions recommendation as modified by the LUTC and forwnrcl the proposecl ordinance to First Reacling on Febr'uary IS, 2011. Com C hai r Co mmittee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (FEBRUARY 15, 2011): for enactment on the March 8, 2011 consent agenda. " "1 move to forrvard the ordinance to Seconcl Reading 2 READINC OE ORDINANCE (MARC�I 1, 2011) "I move approval of the LUTC recommendation to approve the code amenciment, contczined in the Adoption Orclinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACT[ON Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/t2/2010 RESOLUT[OPI # 4 Attachment #1 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to portable signs in the right-of-way; amending FWRC 19.05.190 (Amending Ordinance Nos. 09-610, 09-605, 09-593, and 08-585) and amending FWRC 19.140.060 (Amending Ordinance Nos. 0&583, 07- 573, 07-554, 06-523, 05-487, OS-486, 99-357, and 99-348) 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 federal 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 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt new language which establishes development regulations for portable signs within the right-of-way within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to adopt new language which establishes development regulations for portable signs within specific zoning districts within the City of Federal Way; and WHEREAS, portable signs are currently permitted in certain parts of the public right-of- way but prohibited in street side planter strips pursuant to FWRC 19.140.060(29)(h); and WHEREAS, it has been noted that in many areas within the city, the planting strip next to the street is sometimes the only location to safely locate a portable sign when there is no other Ordinance No. 11- Page 1 of IO Rev 1/10 LU 5 feasible location due to various factors, including but not limited to the absence of a sidewalk; and WHEREAS, the City has determined that in order to avoid impacts to vehicular and pedestrian safety and avoid obstructing sight distance at intersections and driveways (other than those serving single family residential uses), portable signs cannot be located in the sight distance triangle reserve area of roadways and driveways, other than those serving single family residential uses; and WHEREAS, portable signs are not appropriate for certain areas within the city due to the potential for inappropriate clutter and impacts to a visual integrity; and WHEREAS, rights-of-way in the City Center-Core and the City Center-Frame zoning districts are not conducive to the placement of portable signs as the high number of business could lead to a proliferation of such signs which would not promote an active and vibrant downtown district, and the signs are generally ineffective when combined with high traffic volumes and on-street parking; and WHEREAS, the city has previously imposed special development regulations on the City Center-Core and City Center-Frame zoning districts in order to enhance their profile and support economic development efforts; and WHEREAS, features that are affixed to portable signs are not permanent, are often visually unattractive and can become safety hazards if somehow detached from a sign; and WHEREAS, by incorporating these parameters, this code amendment allows portable signs to be placed within those areas of the right-of-way that do not adversely impact vehicular or pedestrian safety and mobility; and Ordinance No. 11- Page 2 of IO Rev 1/10 LU 6 WHEREAS, by incorporating these parameters, this code amendment maintains a visual integrity within the City Center-Core and City Center-Frame zoning districts; and WHEREAS, by incorporating these proposed changes to FWRC 19.140.060 (1) through (20), exempt signage is consistently referenced; and WHEREAS, on October 26, 2010, the City properly issued an addendum to the Environmental Determination of Nonsignificance (DNS), previously issued on August 20, 2408, noting that under certain conditions, portable signs could be permitted within street side planter strips; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code amendment on November 3, 2010; and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered this code amendment on November 15, 2010, and recommended adoption of the text amendment as recommended by the Planning Commission; and WHEREAS, on January 4, 2011, the Federal Way City Council requested that the code amendment be sent back to the Land Use/Transportation Committee of the Federal Way Council for further evaluation; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered this code amendment on February 7, 2011, and recommended adoption of the text amendment as recommended by the Planning Commission as modified by the Land Use/Transportation Committee; Ordinance No. I1- Page 3 of 10 Rev 1/10 LU 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendment. (a) This code amendment is in the best interest of the residents of the City and will benefit the City as a whole by establishing parameters to allow portable signs to be located outright within those areas of the right-of-way that do not impact vehicular and pedestrian safety while maintaining the visual integrity of the City Center-Core and City Center-Frame zoning districts; (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) 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. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: Ordinance No. 11- Page 4 oj 10 Rev 1/10 LU 8 (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: EDG — 6. The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP —1. Redevelopment of the City Center will continue to receive special attention in the FWCP. EDP -2. The City will continue to seek high-quality urban design and infrastructure standards for these areas. CCG -21. Maintain street designations that reinforce the unique characteristics of the City Center. CCP-18. Continue to enforce and refine local zoning codes, site planning requirements, and street design standards, as necessary, to establish a more pedestrian and bicycle friendly environment. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because, when correctly located, portable signs will not interfere with pedestrian or vehicular travel while assisting businesses in attracting customers. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because safely locating portable signs within suitable portions of the right-of-way helps attract customers to businesses, sales, and other events, thus supporting economic development. Section 3. Chapter 19.05 of the Federal Way Revised Code is hereby amended to read as follows: Ordinance No. 11- Page S of 10 Rev 1/10 LU 9 FWRC 19.05.190 S (sign) Definitions (40) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (41) "Portable sign" means any sign designed to be moved easily, self supportin� and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (42) "Pre-opening sign" means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...," etc.). (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.19.) Section 4. Chapter 19.140.060 of the Federal Way Revised Code is hereby amended to read as follows: FWRC 19.140.060 Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: (1) Address identification with numbers and letters not more than 10 inches in height. (2) Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. (3) Barber poles. (4) Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. (5) ";U��*;���' °;�° �� °;*� Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. � > > � s���ie�- Fla sg of an�nation �overnment educational institution, or noncommercial Ordinance No. 11- Page 6 of IO Rev 1/10 LU 10 organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in size. (7) �,�' -�V;�� °;�°: Fuel price sig�ns. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. (8) Gravestones or other memorial displays associated with cemeteries or mausoleums. (9) Historieal site plaques and signs integral to an historic building or site. (10) Holiday decorations displayed in conjunction with recognized holidays. (11) Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. (12) Instructional signs that do not exceed six square feet in area per sign face. (13) Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product, service, or registered trademark. (14) Integral signs when no more than one per building. (15) Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. (16) Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). (17) Nameplates not to exceed two square feet per sign face. (18) Nonblinking small string lights which are part of decoration to be used in association with landscaped areas and trees. (19) p���°* ��' a;°r'^ point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Chapter 19.125 FWRC. (20) Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. (21) pu; �a °;�° private advertisin� si ng�s. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. (22) Private notice signs. (23) D�w' ��*w�� ���° Real estate si ng_s. Real estate signs shall be limited to one on- . ., site sign per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. Ordinance No. 11- Page 7 of 10 Rev 1/10 LU 11 (24) Temporary business signs for temporary business defined by FWRC 12.25.010; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. (25) Under-canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. (26) Warning signs. (27) Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. (28) Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (29) Portable signs located in the public right-of-way subject to the following standards: (a) Signs may not be affixed to the ground, including through the use of stakes or other means that may damage property; . (b) No more than two signs are allowed per event and no person may have more than two signs at any one time, except that 10 open house signs are allowed; (c) Sign area shall neither exceed six square feet per sign face nor 36 inches in height; (d) Si�ns shall have a name and contact phone number or other contact information on them; ��Signs are allowed only between the hours of 9:00 a.m. and 5:00 p.m., or sunset, whichever is later, and must be removed each day; �� Signs may not be placed on or attached to other objects, including but not limited to buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, or other signs; �g) Balloons paper cardboard plastic or�erishable flexible or temporarv materials of any kind shall not be t�ed stapled tacked nailed �lued, or otherwise affixed to the sign�, {�}� Signs shall not be placed or located • on the traveled portion of a roadway; • in parking lanes; • on sidewalks; • in bicycle lanes or placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian si tlines �er�s or travel; • within street medians; or • within any si �t-distance triangle reserve area as depicted in the followin dr� awin�; and Ordinance No. 11- Page 8 of 10 Rev 1/10 LU 12 Face of curb. or if none exists, edge of pavement. Sight distance triaqele reserve areas. 'Y � �� � 1 . � .�... � �+ � 4) ] � O � v � � � �� I��� I Street I� I *Except drivewavs servins sinele familv residential uses. Face of curb, �r if none exists, �dge of pavement. FWRC 19 140 060 (29) (a 1) SIGHT DISTANCE TRIANGLE RESERVE AREA Portable Signs are Not Allowed in Sight Distriact Triangle Reserve Area - -� .c..:.c:��.iz.� - � Si�s shall not be located in the Citv Center Core and Citv Center Frame .. . _... . . , . , „ , . , , �--- -- •�outn s i �-- �treec on tne nonn, • South 324�' Street on the south, • Interstate 5 on the east, and • On the west alon�: 0 14 Avenue South between South 312 Street and South 317`" Street, 0 l O Avenue South between South 317`" Street and South 320�' Street, and 0 11` Place South between South 320�' and South 324`" Street on the west. (Ord. No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07- 554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. OS-487, § 3, 4-19-05; Ord. No. OS-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99- 348, § 5, 9-7-99. Code 2001 § 22-1599(d)(2).) Section 5. 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 Ordinance No. 11- 13 ngle Page 9 of 10 Rev 1/10 LU not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST 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. 11- Page 10 of IO Rev 1/10 LU 14 Attachment #2 � � cinr aF �� Federal Way STAFF REPORT TO THE PLAl�TNING COMMISSION Amendment to Federal Way Revised Code (FWRC� � Chapter 19.140, "Signs" File No.10-104254-00-UP Planning Commission Meeting of November 3, 2010 I. BACKGROULYD On October 3, 2010, the City Council gave staff direction to prepare a code amendment to allow portable signs to be located in street side planter strips within the right-of-way. II. DISCUSSION Pursuant to Federal Way Revised Code (FWRC) 19.140, portable signs are presently permitted in the public right-of-way subject ta the conditions of FWRC 19.140.060(29)(a) through (29)(h). Limitations include FWRC 19.140.060(29), which states that portable signs are not to be placed in street medians or in street side planter strips. It has been noted that in many areas within the city, a street side planter strip is the only location available to safely locate a portable sign when there is no other feasible location due to various factors, including but not limited to the absence of a sidewalk. The placement of portable signs in street medians may adversely impact road safety and is not endorsed. However, portable signs that are properly tocated within street side planter strips would keep pedestrian corridors clear and would not create traffic safety issues. Further, maintenance can still occur in street side planter strips as portable signs can be easily relocated. To avoid obstructing sight distance at intersections and driveways and not impact traveler safety, portable signs need to be outside of the sight distance triangle reserve area of street side planter strips. The sight distance triangle reserve area is based on an area having two 30-foot sides along the prolongation or continuation of lines from the face of the curb, or if no curb exists, the edge of the pavement at each intersection or driveway. A drawing is provided for reference. By incorporating these parameters, this code amendment would allow portable signs to be placed in the street side planter strips within the right-of- way while protecting public infrastructure and property, and promoting traffic and traveler safety. The draft code amendment is enclosed as Exhibit A. Language proposed to be deleted is shown as st�ee� and any proposed new language would be shown as underline. Under this amendment to 19.140.Q60(29), portable signs woUld be allowed in the street side planter strips of the right-of-way as follows: 15 (29) Portable signs located in the public right-of-way subject to the following standards: (a) Signs may not be affixed to the ground, including through the use of stakes or other means that may damage property; (b) No more than two signs are allowed per event and no person may have more than two signs at any one time, except that 10 open house signs are allowed; (c} Sign area shall neither exceed six square feet per sign face nor 36 inches in height; (d) Signs are allowed only between the hours of 9:00 a.m. to sunset and must be removed each day; (e) Signs may not be placed on or attached to other objects, including but not limited to buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, or other signs; ( fl Signs shall not be located on the traveled portion of a roadway; in parking lanes; on sidewalks; in bicycle lanes; or placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian views or travel; (g) Signs shall not be placed in street medians or within an��ht-distance trian�le reserve area of an street side planter strips: as depicted in the followin� drawinQ: Face ofcurb, or if none exists, edge of pavement. Sight distance hiangle reserva areas. � � — aa � a� i � p O � �' � o 1 � i � J - �I I �3a � I Street {� l Face of curb, ar if nune exists, edge of pavemant. FWRC 19140 060 (29) (g 11 SIGHT DISTANCE TRIANGLE RESERVE AREA Portable Signs Are Not Allowed in Sight Distance Triangle Reserve Area (h) Signs shall have a name and contact phone number or other contact information on them. III. STAFF RECOMNIENDATION Staff recommends that the code amendment as outlined in Section II above and enclosed as Exhibit A be recommended for approval to the City Council. N. REASON FOR PLANNING COMMISS.[ON ACTION FWRC Chapter 19.80, "Process VI - Council 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: To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the applicable criteria provided by FWCC 19.80.240(1). To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. Staff Report to t6e Planning Commissioo Amendment lo EWRC I9.140, Siyfs r�i � 1 L r 16 Sight distancc triangle reserve areas. Doc. i.D. 56158 e�ea V. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendment with the criteria provided by sections (1) through (3) of Chapter 19.80.130, FWRG The City may amend the text of the FWRC only if it �nds that: 1. The proposed amendment is consisteut with the applicable provisions of the comprehensive plan. The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goal: EDG-6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The comprehensive ptan encourages success of business in Federal Way as a general concept. Enhanced signage can serve to benefit business visibility and viability. The success of business has a direct impact to the City's tax base, which provides the money to support City services and amenities. 2. The proposed amendment bears a substantial retationship to public health, safety, or welfare. The proposed FWRC text amendment bears a relationship to the public health, safety, and welfare because when correctly located, portable signs will not interfere with pedestrian or vehicle travel while assisting businesses in attracting customers. Limiting the number of signs and hours during which they may be displayed will continue to promote a positive visual image of the City, and sign portability lends to maintenance ease. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWRC text amendment is in the best interest of the residents of the City because safely locating portable signs in the street side planter strips helps to attract customers to business, sales, and other events thus supporting economic development. VI. PLANNING COMMISSION ACTIOPi Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendment: 1. Recommend to City Council adoption of the FWRC text amendment as proposed; 2. Modify the proposed FWRC text amendment and recommend to City Council adoption of the FWRC text amendment as modified; 3. Recommend to City Council that the proposed PWRC text amendment not be adopted; or 4. Forward the proposed FWRC text amendment to Ciry Council without a recommendation. Exhibit A— Amendment to Federal Way Revised Code Chapter 19.140.060, "Signs," with Proposed Language Changes. StaffReport m the Planning Commissiort Ame�dment to FWRC 19.140, Signs Doc. I.D. 56158 Page 3 17 E��T A - AMENDMENT TO FEDERAL WAYREVISED CODE(FWRC� Cxa�'rER 19.140.060, "SIGNS" 19.140.060 Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: (1) Address identification with numbers and letters not more than 10 inches in height. (2) Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. (3) Barber poles. (4) Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open during Construction" sign per site entrance is also permitted. (5) Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direc�ion. Each sign may be no more than five feet in height. No more than two signs per street frontage are pernutted for multi-tenant complexes. Single-tenant properties sha11 be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. (6) Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. A11 flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less tlian five square feet in size but not larger than 40 square feet in size. (7) Fuel price signs. Signs shali be iocated on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign azea shall not exceed 20 square feet per sign face. (8) Gravestones or other memorial displays associated with cemeteries or mausoleums. (9} Historical site plaques and signs integral to an historic building or site. (10) Holiday decorations displayed in conjunction with recognized holidays. (l I) Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. (12} Instructional signs that do not exceed six square feet in area per sign face. (13) Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product, service, or registered trademark. (14) Integral signs when no more than one per building. (15) Interior signs located completely within a building or stxucture and not intended to be visible from outside the structure, exclusive of window signs. (16} Menu board not to exceed 32 square feet per sign face and a ma.ximum height of five feet (two pezmitted per site}. 18 (17) Nameplates not to exceed two square feet per sign face. (18) Nonblinking sma11 string lights which are part of decoration to be used in association with landscaped areas and trees. (19) Point of purchase displays. Point of purchase signs are limited to two square feet in azea and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of . purchase display signs sha11 be permitted in conjunction with an outdoor use, activity, or storage as authorized under Chapter 19.125 FWRC. (20) Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a fmal election. (21) Private advertisang signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. (22) Priva.te notice signs. (23) Real estate signs. Real estate signs shall be limited to one on-site sign per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size sha1l not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. (24) Temporary business signs for temporary business defined by FWRC 12.25.010; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. (25) Under-canopy signs not exceeding the width of the canopy aud eight squaze feet in size; and provided, that a minimum separa,tion exists between such signs equal to 201ineal feet or more. (26) Warning signs. (27} Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. (28) Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (29) Portable signs located in the public right-of-way subject to the following standards: (a) Signs may not be affixed to the ground, including through the use of stakes or other means that may damage property; (b) No more than two signs are allowed per event and no person may have more thau two signs at any one time, except that 10 open house signs are allowed; (c) Sign area shall neither exceed six square feet pex sign face nor 36 inches in height; (d) Signs are allowed only between the hours of 9:00 a.m. to sunset and must be removed each day; (e) Signs may not be placed on or attached to other objects, including but not limited to buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, or other signs; (� Signs shall not be located on the traveled portion of a roadway; in parking lanes; on sidewalks; in bicycle lanes; or placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian views or travel; Hxhibit A to StaffReport ro tiro Planning Commission Revised FWAC 19.190.060, Sigos Doa LD.56i59 Pege 2 19 (g) Signs sha11 not be placed in street medians or within any si�ht-distance trian�le reserve area of anv street side planter strips as deuicted in the followin� drawin�� Face of curb, or if none e�rists, edge of pavement. � Sight distance Viangle � reserve areas. 4 � � � ,$ `p O 4 Y � O �h ' � a�'i — -� — !�'1 � 30' I Street Sight distance triangle _ � reserve areas. c � 1. Face of curb, � or if none exists, � � , edge o( pavement L r I 3a I FWRC 19140 060 (291 ta 1i SIGHT DISTANGE TRIANGLE RESERVE AREA Portable Signs Are Not Aflowed in Sight Distance Triangle Reserve Area (h) Signs shall have a name and contact phone number or other contact infor�ation on them. Ord. No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15- 07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. OS-487, § 3, 4-19-05; Ord. No. OS-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(d)(2).) � Exhibit A ro Staft'Report to the Planning Commisaion Doc. I.D. 56] 59 Revised FWRC 19.190.060. Signs . Page 3 2� Attachment #3 CITY OF FEDERAL WAY PLANNING COMMISSION November 3, 2010 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst , Hope Elder, Lawson Bronson, and Sarady Long. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Deb Bazker, City Traffic Engineer Rick Perez, Associate Planner Matt Herrera, Assistant City Attorney Peter Beckwith, and Administrative Assistant Darlene LeMaster. CALL TO ORDER Vice-Chair Etder called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Elder, Medhurst, Bronson and Long present. excused. Commissioners Pfeifer, Q'Neil and Carlson were APPROVAL OF MINUTES The minutes of October 20, 2010 were approved as written. AUDtENCE COMMENT None ADMINISTRAT[VE REPORT None PusL[C HE�ttNG — Amendment to the Federal Way Revised Code (FWRC) Chapter 19.140, "Signs" Vice-Chair Elder explained the guidelines for the Public Hearing. Senior Planner Deb Barker reviewed the background and reasons for the code amendment to allow portable signs in street side planter strips within the right of way. Ms. Barker also reviewed the definition of a portable sign, characteristics of the street side planter strip, and explained the sight distance triangle reserve area language proposed for the code amendment. An email from Mr. Sam Pace, Seattle/King County Association of Realtors was entered into the record. There was one public comment. Sam Pace, 29839154 Ave SE, Kent — Mr. Pace spoke in support of the proposed code amendments regarding portable signs. Mr. Pace explained that the code amendment is important for both sellers and biryers, especially ftrst time buyers. The code amendment is also important to the City. Each real estate sale produces revenue in the form of taxes paid when a sale is funded. Mr. Pace complimented all City staff on their outstanding customer service on this and past issues and asked for Planning Commission 's consideration of the proposed amendment. Vice-Chair Elder asked if there were any questions/concerns from the commissioners. Hearing none, Vice- Chair Elder asked for a motion. Go�anissioner Long moved to recommend adoption�f the Federal Way Revised Code (FWRC) 19.140.060 (29) text amendment, in regard to Portable Signs as proposed by staff. Commissioner Bronson second. Motion G:\Plaming Commission�2010\Meetioe Su�l-03-IO.doc Planning Commission Minutes Page 2 November 3, 2010 carried, 4-0. Vice-Chair Elder closed the public hearing. PUB[,iC HEARING — Zoning and Development Code Amendments Related to the Keeping of Fowl and Rabbits Vice-Chair Elder explained the guidelines for the Public Heanng. Associate Planner Matt Herrera reviewed the background and reasons for the code amendment and summarized the proposed code amendments. Staff analyzed all questions and recommendations from the Planning Commission's September 29, 2010 Study Session and also did further research. 1VIr. Herrera presented the staff recommendation: ■ Ban roosters in all areas of the city with the exception of Suburban Estate (SE) zoned (ots. ■ Allow up to any combination of four chickens/ducks on residential lots less than 35,000 s.f. ■ Cap the amount of chickens/ducks allowed at 20 (total) for lots 35,000 s.f. and greater in single-family residential zones (RS) zones. ■ Maintain the cunent policy of four rabbits for lots less than 35,000 s.f. There were two public comments: Alissa Hansen, 3S6 S 304`�' Place, Federal Way — Ms. Hansen askect if these code amendments are passed, what is the anticipated time that they would be allowed to keep chickens. Mr.. Herrera stated that he anticipates the code amendment to be enacted by the end of the year. Marion Bartholomew, 30305 19`�' Place SW, Federal Wcry — Mr. Barthotomew was very happy with stcrffs recommendations. He asked the Commission to consider reducing the period of time for resic�ents to comply with no roosters from two yeccrs ta one. Mr. Bartholomew askecf if a chicken coop must be fiilly enclosed or are chickens allowed outside of a coop. Mr. Herrera explained that the existing regulations allow for free range chickens. There are also nuisance regulations in place that state that animals may not run wild outside of their own yard. Mr. Bartholomew hopes that allowing chickens to roam outside of their coops rvill not create code compliance issues. As for rabbits, Mr. Bartholomew supparts a ten foot setback for rabbit hutches as well. Vice-Chair Elder asked for questions or comments from the Commissioners. Commissionec Bronson suggested that staff may want to recommend four or five appropriate chicken coop designs. Mr. Herrera stated there are currently no design guidelines for single-famiiy residential uses. In addition, many residents desire sustainability and may therefore want to build a coop out of recycled materials. Vice-Chair Elder asked for clarifieation on the allowed amount of chickens and/or ducks. Mr. Herrera confirtned an allowable total of four, in any combination of chickens or ducks for single-family residential areas less than 35,000 s.f. To respond to Mr. Bartholomew's comment on rabbits, there is an existing code allowing up to four rabbits in single -family residential less than 35,000 s.f. It is assumed ihat rabbits are household pets, therefore not requiring outdoor living quarters. For lots an 35,000 s.f. and greater, there is a 40 foot setback for rabbit hutches. . Commissioner Medhurst complimented staff for listening to the public on this issue and responding appropriately. Commissioner Medhurst is not interested in regulating a coop design. Commissioner Long concurred with eommissioner Medhurst and thanked Mr. Herrera for a thorough presentation. Commissioner Long supports a maximum limit of up to four chickens/ducks, stating that this limit is very reasonable and will allow the average family than enough egg production. Commissioner Bronson wanted to clarify what was meant in his earlier comment regarding chicken coops. r�w��.,�.,o r,..�..,;«�„voimn,�-,.;�e c.�..,..,,�..., i is:_�n,�.� Plaaning Commission Minutes Page 3 November 3, 2010 Commissioner Bronson supports not having requirements for coops; rather, having ideas, suggested plans, materials, etc. for residents who are looking for ideas. Mr. Henera responded that staff may be producing a resource document, available to residents in simple text regarding Urban Chickens and the code as it applies to them. Commissioner Bronson asked the reason for a ten foot setback for chicken coops. Is there really a difference between five and ten feet? Mr. Herrera responded that because of concerns raised by residents, staff felt inclined to meet residents halfway. A ten foot setback is adequate. For example, in a high density single-family residentiai area with approx. 5,000 s.f. lots, the average lot width is 40-60 feet. Assuming a ten foot setback on the side and rear of the lot, there is adeQuate room for an appropriate size coop (48 s.f.). Should this tum out to not be the case, staff can re-evaluate this at a later date. The same applies to mobile coops. There should be adequate space. Commissioner Long asked if residents will need a permit for chickens or ducks. Mr. Herrera said that permits will not be required. "This can also be re-evaluated at a later date if any probiems arise. Commissioner Bronson moved to recommend adoption of the proposed code amendments to Federal Way Revised Code (FWRC) 19.260 "Zoning and Development Code" as it applies to chickens and ducks as presented by staff. Commissioner Medhurst second. Motion earried, 4-0. Vice-Chair Elder closed the public hearing. ADD[TIONAL BUSINESS/PUBLIC COMMENT None ADJOURN The meeting was adjourned at 7:47 p.m. 23 n.�ni��...�..�r a....Ka:,...��nirnnn...:....c........s.., ��sz�nw,.� Attaehment #4 cirr oF Federai Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Councii Chambers - City Hall January 4, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Skip Priest, Depury Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGtANCE Councilmember Ferrell led the pledge of allegiance. 3. PRESENTATIONS a. Proclamation: National Mentorinq Month Councilmember Freeman read the proclamation into the record and presented it to Doug Baxter from Com�nunities in Schools Federal Way. Mr. Baxter thanked the CounciE for. recognizing National Mentoring Month and spoke to the importance of inentoring in the community. b. Kinq Countv Solid Waste Interlacal AQreement — Information onlv Solid Waste/Recycling Coordinator Rob Van Orsow reviewed the City's involvement in the Metropolitan Solid Waste Management Advisory Committee. King County is conducting a Comprehensive Solid Waste Management Plan Update to replace the 2001 Comprehensive Plan. Cities will have 120 days to either adopt or reject the plan. King County is also looking to request a rate increase in 2012 for garbage fees. King County has Solid Waste Interlocal agreements with 37 cities and is looking into potenfial revisions to the agreements such as extending the terms so King County can obtain bond financing for transfer system reconstruction. The Councif shared their concerns regarding this issue as well as how missed collections due to inclement weather are being addressed. Mayor Priest recommended deferring issues with Waste Management and King County Solid Waste to the FEDRAC Committee. City Couneil Minutes — January 4, 201 ] Regular Meeting Page 1 of 6 24 c. Mavor Emerginq Issues / Introduction of New Employees Mayor Priest stated there were no emerging issues or new employee introductions. 4. CITIZEN COMMENT PLEASE COMPLETE A PfNK SLIP & PRESENT lT TO THE CITY CLERK PR10R TO SPEAK/NG. When recognized by the Mayor, come forward fo the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments fhat exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Nancv Combs spoke regarding missed garbage coAection dates last week. She a{so commented on unsafe city streets. John Wilde submitted a letter for the City Clerk to read into the record. He suggested a community volunteer day in Federal Way similar to the City of Auburns Clean Sweep event. Norma Blanchard asked if a business license was issued to a marijuana dispensary. She also asked how the Mayor voted on the Civic Center at the December 7, 2010 City Council meeting. Tim Anderson spoke in opposition of school buses being routed down 13"' Place South. He woutd like the Councils assistance in negotiating altemate routes for the buses. Donald Barovic thanked staff for their assistance in keeping storm drains on his property clean. He spoke regarding Waste ManagemenYs level of service and the proposed chicken/duck ordinance_ Mollv McGruder voiced her concems with buses being routed on 13"' Place South. Jackie Muth shared her concerns regarding routing buses on 13 Place South Sam Pace spoke regarding item 7d. He feels there are simple solutions to address the Council's concems on this item and is looking forward to assisting where he can. Michael Kun stated Puget Sound Energy is no longer a public entity. He encouraged the Council to look into a municipal energy entity to provide energy to Federal Way residents. Tim Bums commented on the Toys-R-Us property purchase. He feels approving the 1033 form is tax evasion and he questions the integrity of the City Council. 5. CONSENT AGENDA ltems listed be%w have been previousty reviewed in their entirety by a Counci! Committee of three members and brought before full Council for approval; a!1 items are enacted by one motion. IndividuaJ ifems may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: December 7, 2010 Special and Regular Meetings APPROVED b. Energy PerFormance Agreement with MacDonald Miller and Accepting PSE Grant APPROVED c. Dry Cleaning Contract between Empire Cleaners (nc., DBA John's Cleaners and the City of Federal Way, Washington for the Police Department Uniform Dry Cleaning Services APPROVED City Council Minutes - January 4, 20!! Regular Meeting Page 2 of 6 25 MOTION: Deputy Mayor Duclos moved approval of items 5a through 5c. Councilmember povey second. VOTE: Motion carried 7-0. 6. COUNCIL BUSINESS a. Vouchers Finance Director Tho Kraus stated the December 2010 Finance, Economic Development and Regional Affairs Committee meeting was cancelled so the vouchers did not go thraugh Council Committee approval. The vouchers are items paid between November 16, 2�10 and December 15, 2010 totaling $3,355,361.29 MOTION: Councilmember Park moved approval of the vouchers. Councifinember Burbidge second. VOTE: Motion carried 7-0. b. Monthlv Financial Report Finance Director Tho Kraus stated the November 2010 Financial Report was being presented under Council Business because the December 2010 Finance, Economic Development, Regional Affairs Committee meeting was canceled. Majar revenues below year-to-date budget include gambling and utility tax. The Federat Way Community Center is continuing to perform well. Revenues exceed year-to-date budget as well as prior years. The Dumas Bay Center has a positive ending fund balance of $112,000.00, of that $55,000 is earmarked for marketing study and implementation. Councilmember Park asked Ms. Kraus to bring information on the new work release program that the Municipal Court implemented to the January FEDRAC Meeting. MOTION: Councilmember Park moved approval of the monthly financial report. Councilmember povey second. VOTE: Motion carried 7-0. c. Leqislative Aqenda Amendment Financial Services Administrator Bryant Enge stated the City Council adopted the 2011 Legislative Agenda on November 2, 2010. Since then the State's economic condition has become more challenging. 7he revised Legislative Agenda before Council takes into consideration the State's financiaE challenges and does not request new funding. !n addition, the revised agenda provides greater clarity concerning the City's emphasis on public safety and sustainability. Mayor Priest asked staff to provide additional information regarding surface water mandates prior to the January 6, 2011 Legislative Meeting. MOTION: Councilmember Park moved approval of the draft updated 2011 Legislative Agenda. Councilmember Burbidge second. VOTE: Motion carried 7-0. 7. ORDINANCES FIRST READING: a. CB 563• 2010 Comprehensive Plan Amendments Related to the Performina Arts Center and Competitive Sports Center An ordinance of the City of Fede�al Way, Washington, relating to amendments to the City's Comprehensive Plan City Council Minutes — January 4, 2011 Regular Meetirsg Page 3 of 6 26 Financial Services Administrator Bryant Enge stated this item had been before the Planning Commission and the Land Use, Transportation Committee for review. He summarized the proposed amendments to Chapter 6 of the FWRC and stated the proposed ordinance would change the name of the Performing Arts Center to Civic Center (Conference Center/ Performing Arts Center). City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and enactment at the January 18, 2011 City Council meeting. Deputy Mayor Duclos second. VOTE: Motion carried 6-1, Councilmember Ferrell dissenting. b. CB 564: FWRC Housekeeqinq References to City Manaqer An ordinance af the City of Federal Way, Washington, relating to reflecfing the change of govemment to the Mayor-Council in the Federal Way Revised Code; amending FWRC Sections 1.20.020; 2.23.030; 2. 29.040; 3.10.060; 3.10.130; 3.35.050; 3.50.370; 8.15.010; 8.15.060; 9.18. ? 20; 12.40.250; 19.60.060; 19.80.250; 19.80.260; 19.91.120. City Attorney Richardson stated the proposed ordinance is a housekeeping item to replace references to City Manager with Mayor in the Federal Way Revised Code. City Clerk McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading and enactment at the January 18, 2011 City Council meeting. Councilmember Dovey second. VOTE: Motion carried 7-0. City Attomey Richardson reviewed the Mayoral Veto process for ordinances. She stated every ordinance must be presented to the Mayor, who has 10 days to act by either signing the ordinance or vetoing the ordinance by submitting written objectians. If the Mayor does not take action the ordinance within 10 days, it becomes valid. If the Mayor veto's an Ordinance, the Council has the op#ion to vote to incarporate the Mayor's objections, or override the veto with a majority plus one vote. The Council discussed the veEo process and deferred the issue to the January 25, 2010 FEDRAC meeting for further discussion. SECOND READING: c. CB 560• Zoninq and Development Code Text Amendments Related to Keepinq Chicken and Ducks An ordinance of the City of Federa/ Way, Washington, relating to the keeping of chickens and ducks; amending FRWC 19.260.020 and FWRC 19.260.060 and adding a new section to FWRC Chapter 19.260. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to approve the ordinance. Councilmember Burbidge second. VOTE: Motion carried 7-0.Ordinance 11-681 d. CB 561: Portable Siqns in Street Side Planter Strips Code Amendment An ordinance of the City of Federal Way, Washington, relating to portable signs in the right-of-way; amending FWRC f 9.140.060. City Counci! Minutes — Januc�ry 4, 2011 Regular Meeting Page 4 of 6 27 MOTION: Deputy Mayo� Duclos moved to postpone indefinitely the proposed ordinance regarding portable signs in the right-of-way as she understands a stakeholder group is being formed to fuliy address the issue. Councilmember Kochmar second. Vote: Motion carried 7-0. 8. COUNGIL REPORTS Councilmember FeRel{ had no report. Councilmember Kochmar reported the next LUTC meeting was January 10, 2011. She read a thank you letter the Council received from a citizen regarding their interaction with the Police Department. Councilmember Freeman reported the theme for this years Martin Luther King event is "Building Community — Together We Stand." The event will be held on January 17, 2011 at Decatur High School and begins at 11:30 a.m. Councilmember povey reported on the upcoming Lodging Tax Advisory Committee retreat that will be held on January 18, 2011. Councilmember Burbidge reported the next PRHSPS mee6ng will be January 11, 2011. She also reported on upcoming performances at the Knutzen Family Theater. Councilmember Park reported the next FEDRAC meeting will be January 25, 2011. Deputy Mayor Duclos reported on an up coming South Sound Chamber of Commerce Legislative Meeting. 9. MAYORS REPORT Mayor Priest asked the Council for a motion to suspend the Council Rules and hold the annual Council Retreat on January 22, 2011 rather than the last weekend in January as stated in the Council Rules. MOTION: Deputy Mayor Duclos moved to suspend the Council Rules and conduct the Council Retreat on January 22, 2011. Councilmember Burbidge second. VOTE: Motion carried 7-0. Mayor Priest reviewed the 2011 Suburban Cites Association Committee Appointments. Mayor Priest announced the fo{lowing changes to the City's organizational chart: • The Chief Administrator Officer position will not be filled. • The Community Development Director Position will become the Community & Economic Deve(opment Director and will oversee the Building Official and the Planning Manager. Patrick Doherty wil{ fill this position. • The Administrative Services Director will oversee Govemment Affairs, Civic Center, the Human Services Manager, the Information Technology Manager and Ciry Counci! Minutes —January 4, 20/! Regular Meeting Page S of 6 28 the Human Resources Director. • Jean Staniey will fili the Human Resources Director Position. • Steve Cain will fill the Executive Assistant to the Mayor position. • Chris Carrel will fill the Community and Grant Coordinator position. 10. ADJOURNMENT With no additional business before the Council, Mayor Priest adjoumed the meeting at 8:55 p.m. ATTEST: f Carol McNeilly, CMC Ciry Cl Approved by Council: January 18, 2011 City Coc�ncil Minutes — January 4, 20! 1 Regular Meeting Page 6 of 6 29 COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: South 320`�' Overlay Reimbursement Contract with Quadrant Corporation POLICY QUESTION Should the Council authorize the Mayor to execute the S 320`�' Street Overlay Reimbursement Contract with Quadrant Corporation? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works : Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated February 7, 201 l. Options Considered: 1 Authorize the Mayor to execute the S 320�' Street Overlay Reimbursement Contract with Quadrant Corporation. 2 Do not authorize execution of the S 320�' Street Overlay Reimbursement Contract with Quadrant Corporation and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15, 2011 City Council consent agenda for approval MAYOR APPROVAL: �_�y� DIRECTOR APPROVAL: _ �� Committee Council Committee Council COMMITTEE RECOMMENDATION I move to forward the proposed Agreement to the February 1 S 2011 consent agenda for approval. Linda Kochmar, Chair Jim Ferre Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the S 320 Street Overlay Reimbursement Contract with Quadrant Corporation. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 MEETING DATE February 7, 2011 ❑ Public Hearing COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # 30 CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM• Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management� �. ' Marwan Salloum, P. E. Deputy Public Works Director SUBJECT: South 320�" Overlay Reimbursement Contract with Q ant Corporation BACKGROUND: In connection with Quadrant developing of the East Campus Corporation Park Parcel 1 that abuts the S 320�' Street right of way between I-5 Limited Access to Weyerhaeuser Way South, and as a condition of the development/right of way permits for the proposed development of the Property, Quadrant was required to overlay S 320`� Street from I-5 Limited Access to Weyerhaeuser Way South. Quadrant requested the city to delay the requirement for the S 320`" Street overlay and allow it to be completed as part of their development of their property on the north side of S 320` Street between 32" Ave South and the west property line of the South King Fire and Rescue Station #6. The City approved the request and required Quadrant to submit a Performance/Maintenance Bond (Permit #BSP98-0003Bond #6001751) dated July 19, 1999 in the amount of $150,000. Quadrant has since sold the Property to King County Fire Protection District # 39. Due to the deteriorated pavement condition of S 320�' Street, the City requested that Quadrant proceed with the implementation of the required work for the overlay of S 320` Street as soon as possible. Quadrant requested to pay the City for the cost of the overlay and have the project incorporated into the City's 2011 Asphalt Overlay Project and release Quadrant and the surety of the Overlay Bond from any further obligations. Staff incorporated the design of S 320`� Street overlay as a schedule into the 2011 Asphalt Overlay Project and negotiated a lump sum payment in the amount of $320,000 for the design, construction and construction management of this required work with Quadrant. The Council must authorize the Mayor to enter into the attached South 320` Overlay Reimbursement Contract with Quadrant Corporation. cc: Project File k:\lutc\2011\02-07-i 1 Quadrant S320th st. Overlay reimbursement Agreement.doc 31 CONTRACT FOR SOUTH 320 STREET OVERLAY REIMBURSEMENT THIS CONTRACT (�'Contract'� is dated efFective this day of , 2010 ('�Effective Date'� and is made by and between the City of Federal Way, a Washington municipal corporation ("City'�, and The Quadrant Corporation, a Washington corporation ('�Quadrant'�. A. Quadrant was developing the East Campus Corporation Park Parcel 1 that abuts the South 320"' Street right of way between I-5 Limited Access to Weyerhaeuser Way S ("Property'�. Quadrant and any other party that now or hereafter owns the Property or any portion thereof is sometimes referred to herein as the "Property Owner". B. In connection with obtaining the permits for development of the Property, Quadrant became obligated to overlay South 320"' Street from I-5 Limited Access to Weyerhaeuser Way S along the north margin of South 320 Street fronting the Property along with associated channelization, signal loops and utility adjustments (collectively, "Overlay Work'� pursuant to that certain City of Federal Way Agreement and Performance/Maintenance Bond (Permit #BSP98-0003/Bond #6001751) dated July 19, 1999 ('�Original Overlay Agreement'�, which obligation was secured by a$150,000 Performance/Maintenance Bond issued by Safeco Insurance Company of America ('�Overlay Bond'�, a copy of all of which is attached as Exhibit A . C. Quadrant desires that the City incorporate the Overlay Work into the City 2011 Asphalt Overlay Project and release the Properry Owner and the surety for the Overlay Bond from any further obligations with respect to the Overlay Work and the City is willing to do so in exchange for a lump sum payment in the amount of $320,000 from Quadrant all on the terms and conditions set forth below. NOW, THEREFORE, the City and Quadrant �'Parties'� agree to the following terms and conditions: 1. CITY'S PERFORMANCE OBLIGATION Subject to receiving the Lump Sum Payment (as defined in Section 2 below), the City agrees to perForm and complete the Overlay Work within one year after the Effective Date. 2. (,,ZUADRANT'S PAYMENT OBLIGATION In exchange for the City agreeing to assume responsibility for the Overlay Work and to release the Property Owner, from any further obligations with respect to the Overlay Work, Quadrant agrees to pay the City the lump sum amount of $320,000 in immediately available funds ("Lump Sum Payment'�. On or before February 15, 2011, Quadrant shall deposit the Lump Sum Payment into an account designated by the City. 3. RELEASE AND DISCHARGE OF ORIGINAL OBLIGATIONS Subject to and effective upon receipt of the Lump Sum Payment, the City agrees that the Property Owner and any successors or assigns of the Property Owner are fully released South 320 Overlaying Reimbursement Contract 3�1- and discharged from any and ail obligations to perform and/or fund any of the Overlay Work pursuant to the Original Overlay Agreement. Within 30 days after Quadrant makes the Lump Sum Payment, the City shall execute such documents and take such other actions as may be required (a) to formally terminate the Original Overlay Agreement, and (b) to cause the Overlay Bond to be fully released. 4. GENERAL PROVISIONS 4.1 Entire Contract. This Contract, including the Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 4.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 4.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 4.4 Successors In Interest. This Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 4.5 Attorney Fees. In the event of any litigation, arbitration or other proceeding arising out of or brought to enforce or interpret this Contract, the substantially prevailing party therein shall be entitled to an award of its reasonable attorneys' fees incurred therein, in the preparation therefore, and on any appeal or rehearing thereof. The venue for any dispute related to this Contract shall be King County, Washington. 4.6 No Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of either Party to declare one breach or default does not act as a waiver of that Party's right to declare another breach or default. 4.7 Governing Law. This Contract is made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 4.8 Authori . Each individual executing this Contract on behalf of the City or Quadrant represents and warrants that such individual is duly authorized to execute and deliver this Contract on behalf of such Party. 4.9 Notices. Any notices required to be given by the City to Quadrant or by Quadrant to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be (i) delivered personally to the addressee of the notice (ii) deposited in the United States mail, postage prepaid, to the address set forth herein, or (iii) sent by Fedex or other recognized overnight courier service to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any notice so sent by overnight courier shall be effective on the business day following receipt by the courier. South 320"' Overlaying Reimbursement Contract 332_ 4.10 Ca tions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 4.11 Performance Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. 4.12 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or perFormance of this Contract, this Contract may be rendered null and void, at the City's option. 4.13 Counterparts. This Contract may be executed in any number of identical counterparts, which counterparts shall collectively constitute the entire Contract. 4.14 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Contract, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. DATED the day and year set forth above. CITY OF FEDERAL WAY � Skip Priest Mayor 33325 8th Avenue South Federal Way, WA 98003 ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson [signatures continue on next page] South 320"' Overlaying Reimbursement Contract 343- THE QUADRANT CORPORATION By: STATE OF WASHINGTON ) ) ss. COUNTY OF ) (Signature) (Printed Name) (Title) Quadrant Homes Attn: 14725 SE 36 Street, Suite 200 Bellevue WA 98006 On this day personaily 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 Exhibits P����� (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires A. Original Overlay Agreement and Overlay Bond G:\QHOME5�3.04347�5 320th Project�.Street Overlay Agreement03 (MTK 121610}Redline.DOc South 320"' Overlaying Reimbursement Contract 354- EXHIBIT A ORIGINAL OVERLAY AGREEMENT AND OVERLAY BOND [See attached] South 320�' Overlaying Reimbursement Contract K:GSfREEiS�PROJECT'S�Overlay2011\Quadrent\Contract & Agreement45treet Overl�(Agreement03 (MfK 121610)-Redline.Doc �` ��f� `� - I�(7 Applicant: The Quadrant Corporation Project: East Campus Corp. Park Parcel 1 Property Address: SW Corner of S. 320"' St. and Weyerhaeuser Way S., Federal Way, WA 98003 Bond #: 6001751 Permit#: BSP98-0003 ROW#: Bond Amount: S 150,000.00 Cash Deposit Amount: 53,750.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND r �op� THIS AGREEMENT ("Agreement"1 is dated effective this 19�' day of July, 1999. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and The Quadrant Corporation, a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including road grinding, full width asphalt overlay, channelization, signal loops and utility adjustments for approximately 1519 linea{ feet of South 320th Street from I-5 to Weyerhaeuser Way in Federal Way, Washington in connection with Applicant's Land Use Application under ihe above-referenced permit ("Permit"); B. The improvements will be canstructed or the work performed in accordance with drawings and plans ("Plans") required to be submitted for review and approval prior to issuance of a Right of Way permit and starting construction; C. The City has determined that the Applicant must post security with the City pursuant to �ections 22-146 through 22-159 of the Federal Way City Code l"FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work within three (3) years from the date of execution of this agreement and as a condition of granting the Permit. This requirement may be further delayed upon written request and approval by the City. NOW, THEREFORE, the Parties agree as follows: 1. Improvements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvements shalt continue for a period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. 2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City, and in futl compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performance/ Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Ptans. 37 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms o# the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70°kl after final inspection and approval of the improvements by the City and the City will deliver to Principai the futly executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) of the original penat sum shall remain in fult force and effect for two (2) years after final inspection and approvaf, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C". 5. Right to Complete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the suretjr and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 6. N i e. The Public Works Department of the City shall be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Agreement and the Bond, including without timitation, the City's performance of the Work pursuant to Section 5 herein. 8. Administrative Cash Denosit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: Amount of Bond Up to 520,000 520,001 - 550,000 S 50,001 - S 100,000 S 100,001 and up Amount of Cash Deposit 5% of Bond (minimum S 100) 4°� of Bond 3°k of Bond 2-1 /2°�6 of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. i - .. . . . -. - . . - . . .. . . � . .. : .: . . . . ... - �-� ..�z• � � ►.,.....,. � �.�_�• �.-�.� �. �_�. � �. �. �. �. �._.., ., � �s• �. � ��R•�� 38 -2- 71. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest. Time is of the essence. The BY= Its: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) P.O. Box 130 Bellevue, WA 98009 425-455-2900 On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Sand� D. McDade , to me known to be the Secreta T of _ Quadrant , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and dee� of said corporation, for the uses and purposes therein mentionerl, 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 seai this day of , 19 otary signature) KATEII.EIlV T DRAHOS (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: , ��J CITY OF FEDERAL WAY By: Kenneth E. Nyberg, City Manager 33530 1 st Way South Federal Way, WA 98003 39 -3- SANDY D. McDADE, SECRETARY ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: i,' � ` �� Cary M. Roe, Public Works Director K:IFORMS�PERFMAIN.AGT Rev. 01-28-97 4 0 -4- EXHIBIT A Project: East Campus Corp. Park Parcel 1 Permit #: BSP98-0003 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, The Quadrant Corporation, as principal t"Principat"), and Safeco Insurance Company of America, the undersigned corporation organized and existing under the laws of the State of Washington, and legally doing business in the State of Washington as a surety ("Surety"), are held and firmty bound unto the City of Federal Way, a Washington municipal corporation ( City ) in the penal sum of One Hundred Fifty Thousand and no/100 .. „ Dollars (5150,000.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City of even date to construct roadway improvements incfuding road grinding, full width asphalt overlay, signal loops, utility adjustments, and channelization for approximately 1519 lineal feet of South 320th Street from 1-5 to Weyerhaeuser Way. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and afl persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two l2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to 41 exceed twenty-five percent t25°�6) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defauited on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it wil! either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or ° in the event that Surety's eva{uation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interpfead. The Surety shall then fulfill its obligations under this bond, according to the option it has etected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shatl be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shatl notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety efect option (c}, the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at teast four hours of inediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this 23rd day of August , 1999 . CORPORATE SEAL OF PRINCIPAL: The Q(uadqant �orporati By: � Name f Per o xecuting Bond Its: SANDY D. McDADE, SECRETARY tTitle) P.O. Box 130 Bellevue, WA 98009 425-455-2900 -2- 42 CORPORATE SEAL OF SURETY: Safeco Insurance Company of America Surety _ g,,: _�'� �r� Attorney-i act (Attach Power of Attorney) ALLISON J. NORR Name of Person Executing Bond PO Box 2999, MS CH-2L32 Tacoma, WA 98477-2999 Address (253) 924-5209 Phone BOND NUMBER: 6001751 CERTIFICATE AS TO CORPORATE SEAL f hereby certify that I am the (Assistant) Secretary of the Corporation named as Principai in the within bond; that SANDY D. McDADE , who signed the said bond on behalf of the Principat, was SECRETARY af the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sea{ed, and attested for and in behalf of said Corporation by authority of its governing body. . ('� . ���.�.�.-� Assistant Secretary VICKI A. MERRICK APPROVED AS TO FORM: Cary M. Roe, Public Works Director L:IPRMSYS\DOCUMENl16SP98 00.03\ROWBOND.DOC 43-3- EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for East Campus Corp. Park Parcei 1, BSP98-0003, have been satisfied and hereby authorizes the release of an amount equal to One Hundred Five Thousand Dollars fS105,000.00). The remaining funds equaling thirty (30°r6) of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of , 199_ CITY Of FEDERAL WAY By: (Name, Title) 44 EXHIBIT C FULL RELEASE OF BOND # The undersigned hereby acknowledges that the two (2} year maintenance period has expired, that the work or improvements covered by the Agreement and Performance/ Maintenance Bond for East Campus Corp. Park Parcel 1, BSP98-0003, have been completed to th� City's satisfaction and that the City is not aware of any defect in workmanship or materials, Accordingly, the undersigned hereby releases the sum of Forty-five Thousand Dollars ($45,000.00}. DATED this day of , 19 CITY OF FEDERAL WAY By: (Name, Title? 45 I�� S A F E C O POWER SAFECO INSURANCE COMPANY OF AMERtCA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA � HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 KNOW ALL BY THESE PRESENTS: No. 9670 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hen appoint ** "*"""'****'*'******•*�GARYA. BAXTER;MARK E. TAYLOR; JOHN W. LAMBDIN;ALLISONI. NORR; Tacoma, Washington'x#•#'�; its true and lawful attorney(s)-in-fact, with fuil authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charac issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERtCA have each executed a attested these presents this 16th day of April , 1999 `��--� � , �Z�y'��+G�i�c R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extrad from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artic►e V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for th purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-faci or under other appropriate titles with authority execute on behalf of the company fidelity and surety bonds and other documents of simitar character issued by the wmpany in the course of its business... On ai instrument making or evidencing such appointment, the signatures may be affaed by facsimile. On any instrument conferring such authority or on any bond � undertaking of the company, the seal, or a facsimile thereof, may be impressed or affaed or in any other manner reproduced; provided, however, that the seal shall n be necessary to the validity of any such instrument or undertaking." Extractfrom a Resotution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GEPIERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On arry certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant therefo, and (ii) Certifying that said power-of-attomey appointment is in fult force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERtCA, do hereby certify that th� foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true arn correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affuced the facsimile sea! of said corporation tn�s /� � SEAL � dr 1953 �� � �Of a�ts���'/ , (��ATf �� SEAL �� , x 23rd 46 day of Au�us t . i999 /� / s'� , R.A. PIERSON, SECRETARY 5-0974lSAEF 7198 � Registered trademark of SAFECO Corporation. COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sus.�cT: Enterprise NTS — 18�' Ave SW & 20 Ave SW (SW 356�' ST to Pierce County Line) POLICY QUESTION Should the Council approve the installation of two speed humps on 18�' Avenue SW and three speed humps on 20�' Avenue SW between SW 356 ST and the Pierce County Line? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Jesse Hannahs, P.E., Senior Traffic MEETING DATE February 7 , 2011 ❑ Public Hearing , ,�] Other �' EPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 7, 2011. Options Considered: 1. Authorize the installation of two speed humps on 18�` Ave SW and three speed humps on 20�'Ave SW between SW 356�' ST and the Pierce County Line. 2. Authorize the installation of a number of speed humps and/or raised crosswalk in a given year and at given locations and provide this direction to staff. 3. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15, 2011 City Council Consent Agenda for approval. MAYOR APPROVAL: � DIRECTOR APPROVAL: � ommittee Council Committee Council COMMITTEE RECOMMENDATION I move to forward Option 1 to the February 1 S , 2011 consent agenda for approval. Linda Kochxnar, C hair Ji m F Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move approval of the installation of hvo speed humps on 18` Ave SW and three speed humps on 20`" Ave SW between SW 356`" ST and the Pierce County Line. " (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 — 08/12/2010 RESOLUTION # 47 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: February 7, 2011 Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emer enc�Management Jesse Hannahs, P. E., Senior Traffic Engineer � Enterprise NTS — I S`" Ave SW & 20`" Ave SW (SW 356�� ST t the Pierce Counry Line) BACKGROUND: Residents in the vicinity of 18�' Ave SW and 20'�' Ave SW between SW 356`� ST and the Pierce County line submitted separate petitions for each street requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety. A traffic study was conducted for each street and the results are as follows: 18 Ave S(SW 356 ST to 20`� Ave SV� • Roadway Classification : Local Residential • Average Daidy Traffic (ADT): 1039 • 85`" percentile speed: 30. 0 mph • S-Year Collision History: 0 Collisions Based on the current adopted NTS installation criteria (per table below), 18�' Ave SW scored 4.5 total severity points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices. TahlP� i,nral RPCirlPntial Ctreet Point 85` Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traffic ADT SchooUPark Total In'u Fatal 0.0 0-25 0-500 No 1 - - 0.5 26 - 27 501 — 600 Yes 2 - - 1 A 28 - 29 601 — 700 - 3 1 - 1.5 30 - 31 701 — 800 - 4 - - 2.0 32 - 33 801— 900 - 5 2 1 2.5 34 - 35 901 —1000 - 6 - - 3.0 36+ 1,001+ - 7+ 3+ 2+ 20 Ave S(SW 356 ST to Pierce County Line) • Roadway Classification : Minor Collector • Average Daily Traffc (ADT): 1335 • 85`" percentile speed: 33.3 mph • S-Year Codlision History: 2 Collisions with 1 injury Based on the current adopted NTS installation criteria (per table below), 20 AVE SW scored 3.5 total severity points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices. 48 Tahle: Minor Collector Point 85` Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traffic ADT) SchooUPark Total In'u Fatal 0.0 0- 25 0- 1,000 No 1 - - 0.5 26 - 27 1 001-1800 Yes 2 - - 1.0 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 — 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ Based upon the vicinity and evaluation that each NTS petition request was likely to affect the subsequent parallel street, it was determined by staff that the subject streets should be combined into one project. A neighborhood traffic safety meeting was held on October 4`�', 2010 at Sherwood Forest Elementary School to discuss potential traffic calming devices that could be implemented on both 18`�' Ave SW and 20` SW. To be effective in reducing speeds along 18`" Ave S W and 20 Ave S W and to improve vehicular and pedestrian safety, the group consensus was to have the City install two speed humps on 18` Ave SW between SW 356'�' ST and 20` Ave SW and three speed humps on 20�' Ave between SW 356`" ST and the Pierce County Line near the following addresses: a. 35708 20` Ave SW b. 35810 20`�' Ave SW c. 36012 20�' Ave SW d. 35709 18`�' Ave SW e. 35901 18�' Ave SW In accordance with established NTS policies, staff sent ballots to City of Federal Way and City of Tacoma properiy owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: Traffic City of City of Total Calming Federal Way Tacoma Device Results % Results % Results % Ballots Sent 132 69 201 Ballots Returned 37 32% 12 19% 49 27% Undeliverable 15 6 21 Yes Votes 31 84% 7 58% 38 78% No Votes 4 11% 4 33% 8 16% Returned w/o Res onse 2 5% 1 8% 3 6% 49 K:\TRAFFIC\NTS�2010 NTS�Enterprise - 18 AV SW & 20 AV SW�L,UTGCouncil�2-7-11 Enterprise NTS - 18 AV SW & 20 AV SW (SW 356 ST to PCL).doc One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $17,500, which falls above the $15,000 per neighborhood per year budget limitation policy; however delaying installation of a portion of the proposed project has the potential to further exacerbate the problem at the delayed location. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff thus recommends approving the installation of the subject project to install two speed humps on 18`�' Ave between SW 356�' ST and 20`�' Ave and three speed humps on 20"' Ave between SW 356`" ST and the Pierce County Line. cc: Project File Day File 50 K:\TRAFFIC\NTS\2010 NTS\Enterprise - 18 AV SW & 20 AV SW�LUTGCounciA2-7-11 Enterprise NTS - 18 AV SW & 20 AV SW (SW 356 ST to PCL).doc COUNCIL MEETING DATE: February 15, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sus.�cT: Nautilus NTS — S 308�' ST (1 St Ave S to 4�' PL S) POLICY QUESTION Should the Council approve the installation of four speed humps on S 308�' ST between lst Ave S and 4�' PL S? COMMITTEE Land Use and Transportation Committee MEETING DATE February 7 2011 CATEGORY: � Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jesse Hannahs P.E., Senior Traffic Engineerl � PT: Public Works _. ........................_._.._......_..._..............._..._....................................................................................._._...._�..._......................................................................__. _......._......__...................._............._._..._...._._........__._..._.............................---...._..._._.._ Attachments: Land Use and Transportation Committee memorandum dated February 7, 2011. Options Considered: 1. Authorize the installation of four speed humps on S 308�' ST between 1 St Ave S and 4 PL S. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15 2011 City Council Consent Agenda for approval. MAYOR APPROVAL: ''����� ' DIRECTOR APPROVAL: mmittee Council Co� Council COMMITTEE RECOMMENDATION I move to forward Option 1 to the February 1 S, 2011 consent agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move approval of the installation of four speed humps on S 308 ST between 1 S ` Ave S and 4 PL S. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — O8/12/2010 RESOLUTION # 51 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: February 7, 2011 Land Use and Transportation Committee Skip Priest, Mayor �� Cary M. Roe, P.E., Director of Parks, Public Wor�CS a.�d Emergency Management Jesse Hannahs, P. E., Senior Traffic Engineer J\,�� Nautilus NTS — S 308`" ST (I Ave S to 4` PL S) BACKGROUND: Residents in the vicinity of S 308�' ST between l Ave S and 4�' PL S submitted a petition requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along S 308`� ST. A traffic study was conducted and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Tra�c (ADT): 861 • 85` percentile speed: 34. 0 mph • S-Year Collision History: 2 Coldisions with 1 injury Based on the current ado�ted NTS installation criteria (per table below), S 308�' ST scored 4.0 total severity points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Tahle: Minor Collector Point 85 Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traffic ADT SchooUPark Total In'u Fatal 0.0 0-25 0-1000 No 1 - - 0.5 26 - 27 1,001 — 1,800 Yes 2 - - 1.0 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 — 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on October 27, 2010 in City Council Chambers to discuss potential traffic calming devices that could be implemented on S 308�' ST. To be effective in reducing speeds along S 308�' 5T and to improve vehicular and pedestrian safety, the group consensus was to have the City install four speed humps on S 308`� ST between ls Ave S and 4`� PL S. Based upon drainage concerns and concerns of vehicles scraping the roadway, speed humps cannot feasibly be placed on roadways with slopes greater than 8%. As many sections of S 308` ST within the subject neighborhood have horizontal alignments which are rolling, very few locations with slopes less than the 8% grade are present and placement of speed humps required more evaluation than that of typical NTS projects. The consensus of the neighborhood was for staff to determine the four 52 Wildwood NTS 2/1/2011 Page 2 locations for installation. The conclusion of the staff evaluation, based upon the roadway slope issues and driveway locations, was to locate speed humps near the following addresses: a. 130 S 308�' ST b. 213 S 308�' ST c. 334 S 308`" ST d. 412 S 308`� ST In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $14,000, which falls within the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff recommends approving the installation of four speed humps on S 308`�' ST between 1 S ` Ave S and 4�' PL S. cc: Project File Day File K:\TRAFFIC\NTS�2010 NTS\Nautilus - S 308 ST (1 AV S to 5 PL S)�.�TGCouncil\2-7-11 Nautilus NTS - S 308 ST (1 AV S to 4 PL S).doc