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LUTC PKT 03-07-2011
City of Federal Way City Council Land Use/Transportation Committee March 7, 2011 City Hall 6:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS G.• ILUTCI LUTCAgendas and Summaries 201113-7-2011 LWCAgenda.doc Action Council Topic Title/ Description Presenter Page or Info Date Time A. Approval of Minutes: February 28, 2011 LeMaster 2 Action N/A 5 min. B. Stormwater Video Inspection System — Bid Award Appleton 4 Action 3/15/2011 5 min. C. NPDES Requirements: Annual Report/Update to Appleton 7 Action 3/15/2011 5 min. the Surface Water Management Plan (SWMP) D. Dept. of Ecology Stormwater Algae Grant — Grant Appleton 62 Action 3/15/2011 5 min. Acceptance Consent E. Authorization to Apply for King County Appleton 73 Action 3/15/2011 5 min. Conservations Futures Funding Consent F. 20th Ave S (S 316th St to S 314th St) — 85% Design Mulkey 76 Action 3/15/2011 5 min. Status Report Consent G. S 320th St at I-5 Ramp — Local Agency Agreement Roberts 78 Action 3/15/2011 5 min. Consent H. 2011 Asphalt Overlay Bid Award Huynh 94 Action 3/15/2011 5 min. Consent I. Portable Signs in the Right of Way Code Barker 100 Action 3/15/2011 10 min. Amendment Ordinance 1st Reading J. 2011 Comprehensive Plan Amendments Selection Clark 125 Action 4/5/2011 15 min. Process Business K. 2011 Planning Commission Work Program Clark 169 Action 4/5/2011 15 min. Business 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting is planned for Monday, March 21, 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, Public Works and Emergency Management Jim Ferrell, Member Darlene LeMaster, Administrative Assistant 11 Jack Dovey, Member 253-835-2701 G.• ILUTCI LUTCAgendas and Summaries 201113-7-2011 LWCAgenda.doc City of Federal Way City Council Land Use/Transportation Committee February 7, 2011 City Hall 6:00 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Linda Kochmar, and Committee Member Jack Dovey (Committee Member Jim Ferrell was excused). Council Members in Attendance: Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Senior Traffic Engineer Jesse Hannahs, Planning Manager Isaac Conlen, Senior Planner Deb Barker, Assistant City Attorney Peter Beckwith, and Administrative Assistant 11 Tina Piety. 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 24. 2011 LUTC Minutes N/A Committee approved January 24, 2011, LUTC minutes as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 B. Portable Signs in the Right of Way Code Amendment Feb. 15, 2011 Ordinance Committee pulled item to next scheduled meeting. I" Reading Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 C. S 320th Street Overlay Reimbursement Contract with Quadrant Corporation Feb. 15, 2011 Consent Deputy Public Works Director Salloum presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 D. Enterprise NTS —18`h Ave SW & 20`h Ave SW (South of SW 356`h St to County Line) Feb. 15, 2011 Consent Senior Traffic Engineer Hannahs presented information on this item. Ed Sedlak spoke in favor of installation of speed humps. He has lived on 18`h Avenue for some 10 years. There are approximately 70 houses in the area with lots of children and adults walking, biking, and playing in the area. Tacoma residents use the street to access the freeway. Many speed the straight away just before a blind curve. He and others have tried at least three times to hadP speed humps installed. Land Use/Transportation Committee Page 2 February 7, 2010 E. 4. OTHER None Sandy UIr spoke in favor of installation of speed humps. She is the petitioner for 20th Avenue SW. She will not allow her children play out front because of the speeding traffic. Larry A. Gates spoke in favor of installation of speed humps. He has lived in the area 18 years and stated new homes in the area have contributed to the problem. Karen Ostrand spoke in favor of installation of speed humps. She is a long time resident and typically sees traffic traveling at a high rate of speed. She would love to see 20th Avenue blocked at the Pierce County line (as it once was). She knows it is not blocked for emergency access, but since the boundary for different emergency districts, why not block it? Laura Boyce spoke in favor of installation of speed humps. She is also a petitioner for 20`h Avenue SW. When he was young, she would not allow her son to play in the front because of the traffic. The neighborhood tried to have speed humps installed six or seven years ago, but did not meet the city's requirements. The situation has only grown worse. Councilmember Dovey asked why Tacoma residents were included in the voting. Mr. Hannahs replied that city policy calls for the voting to be done within 600 feet of the proposed traffic calming device locations. Since there are Tacoma residents within the 600 feet and residents from outside of the city are not precluded from voting by the policy, staff decided to include them. Councilmember Dovey expressed concern that Federal Way citizens may be denied an action because residents outside of the city vote against it. Mr. Perez commented that staff delineated the results by city for this reason. Chair Kochmar requested that staff provide the Committee with the policy for discussion of this issue. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Nautilus NTS — S 308th St (lst Ave S to 4`h PI S) Passed: Unanimously, 2-0 Senior Traffic Engineer Hannahs presented information on this item. Councilmember Dovey commented with placing speed humps on 304th last year and now on 308`', the city may be "herding" drivers to create a new cut -through. He encouraged staff to be pro -active on this issue. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 Feb. 15, 2011 Consent 5. FUTURE MEETING The February 21, 2010, LUTC meeting is cancelled in observance of President's Day. Depending upon work load, the next LUTC meeting will either be held Monday, February 28, 2011, or Monday, March 7, 2011, at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:30 PM. Attest: COMMITTEE APPROVAL: Tina Piety, Administrative Assistant II Linda Kochmar, Chair Jim Ferrsll, Member G:\LUTC\LUTC Agendas and Summaries 2011\2-7-11 Minutes.doc Jack Dovey, Member SUBJECT: Stormwater Video Inspection Equipment — Request for Quotes Award POLICY QUESTION: Should the Council award the Stormwater Video Inspection Equipment — Request for Quotes to CUES Inc., the lowest responsive, responsible proposer? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: Public Works STAFF REPORT BY: William Appleton..._P ...E. E., Surface Manager*---, anager............._............................................ _... ............. :......._......_.... ........ .............._.........._.............................. ..........................__............ ..... Attachments: Land Use and Transportation Committee memorandum dated March 7, 2011. Options Considered: 1. Award the Stormwater Video Inspection Equipment — Request for Quotes to CUES Inc., the lowest responsive, responsible proposer, in the total amount of $63,856.20, and authorize the Mayor to execute the contract. 2. Reject all proposals for the Stormwater Video Inspection Equipment — Request for Quotes and direct staff to re -advertise the proposal and return to Committee for further action. 3. Do not award the Stormwater Video Inspection Equipment — Request for Quotes to CUES Inc., to the lowest responsive, responsible ro oser and provide direction to staff. ............ .... p ........ ._.... p_...... _........ p ....... ........... .......... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval. MAYOR APPROVAL: It DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 15, 2011 City Council consent agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to award the Stormwater Video Inspection Equipment — Request for Quotes to CUES Inc, .the lowest responsive, responsible bidder, in the amount of $63,856.20 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 4 CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor e%l FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management William Appleton, P. E., Surface Water Manager Al— SUBJECT: Stormwater Video Inspection Equipment —Request for Quotes Award BACKGROUND On February 7 Council granted approval to advertise a Request for Quotes to obtain Stormwater Video Inspection Equipment. Four (4) proposals were received and opened on February 22, 2011. See the attached Proposal Tabulation Summary for details. The lowest responsive, responsible proposer is CUES Inc. with a total proposal amount of $63,856.20 for the selected equipment. Reference checks by staff on CUES Inc. indicates that the vendor has satisfactorily provided similar equipment and services to Lakehaven Utility District, the City of Seattle, the City of Tacoma and numerous other cities. As a result, staff believes that CUES Inc. can successfully provide the equipment and services to the City's satisfaction. Therefore, the lowest responsive, responsible proposer is CUES Inc. in the amount of $63,856.20. Estimated Expenditures: Equipment and Service $58,316.16 Sales Tax (9.5%) $ 5,540.04 Total Cost $63,856.20 Available Funding: Available Budget $85,000.00 Balance $21,143.80 5 City of Federal Way Proposal Evaluation Sheet Date: 2 Z2 /! Stormwater Video Inspection System Bid Item Qty. Overall Selected Item Overall Selected Item Overall Selected Item Overall Selected Item Comments Item Proposal Price Pricing Proposal DA- Pricing Proposal Price Pricing Proposal Price Pricing > CUES ARIES >f r '- Envirosightt IBAK 1pY#pb# Price Extension '.(sf VUst°-� PriceQiNstt Price(A#s Price ttemi) (LOW Systsrct&) -- Extension q m #)v_ Extension #n aft'. Extension PROPOSAL) (Frop 'al -< _1 "4 T chno>o0y)= ` #terns} #tams) :: �t�ropss�al: 1 1 Inspection Camera- Pan, Tilt & 1 13;444:3 13,444.32 5, 7 15,667.00 79,900 00 1 4: $19,014.00 JZoom A ": . 8 $3++} A0 ° $9_ �° • -- - - - — Option deemed as not worthwhile. 2 Steerable Camera Transporter 14;90Q��T $14,900 11 $n9fi.0; $23,697.00 $0` 0' $0 00E1r9. $26,928.00 (Wheel -Driven) A Inclinometer 1400.00`1— $+2;?0.( $2,' $, 9.0ty $3,589.00 $2 646aiQ $2,640.00 -- - — — — - -- B Skid System 1 �. $$t)9 OQ- $900.00' -, $ 1 $861.00 $Q) $0 00 .. ;< $t}., $0.00 — -- - 3 Non -Steerable Camera 1 $4;543.92 $4,943.92 $7,6,t8 QA $7,698.00 $q, (110'. $0 00 ;. , $Q:gt!'i $0.00 Transporter (Chain -Driven) 4 Mainline Power Reel 1 $12,185.44 .; $1 Moo,$11,088.00."'; $0.50', $0 00 , ,:$28, t07,(t $28,107.00 5 Inspection Equipment Control 1 $4 93:'$4' $4,593.84 $89x4 $8,954.00 $0 OQ', $0.00 ; ,$13,14:Qp $13,147.00 System 6 Training and Technical Support 1 $1,966x72 $1,966.72 $46;0f} $4,666.00 $1'600.00 $1,660.00 "$00' $0.00 7 dans ... --- porter/Guicle Lift Poles 1 $ 00:87 _ $300.87 - $62$ 1 -------- $628.00 ;psi 00 $0 00 $$94:l ?, $694.00 g g4;T3,$4 $�' .A= Option deemed as not worthwhile. ---- 9 _ 8 $x$,{319 9$ . t19 X899 OA ` ; 08f# 7,77 - - Plan to purchase item by obtaining separate written goutes after reviewing demo of new Envosight Pole camera. 10 Manhole Guide System 1 $701.00 $701.00 $i1.$,S)(} $718.00-x5.00 $65 00 !,767.00 $1,767.00 11 -$0.00 Camera Hoist System 1 $ k,579.94 $1 ,979.94 ,', $21002100 $2,552.00 $408 001 $408.00 ; " , $0.00 - -30f�rQt1 -$3,500.00 _ --_ Below line "Bid" discount- Envirosight Subtotal:76,300.00 58,316.16 96,804 80,118 93,473 78,473 109,246 $92,297 WA Sales Tax (9-.5%-):, • ; .'i $7,248.50 $5,540.04 $9,196 $7,611 $8,880 $7,455 $10,378 $8,768 Grand Total 83,548.50 $63,856.20 $106,000.38 $87,729.21 $102,352.94 $85,927.94 $119,624.37 $101,065.22 k Page 1/1 COUNCIL MEETING DATE: March 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NPDES Permit Requirements/Annual Report and SWMP POLICY QUESTION: Should Council approve the 2010 Annual Report and Stormwater Management Program (SWMP) documents for submittal to the Department of Ecology as required by the Western Washington (NPDES) Phase I1 Municipal Stormwater Permit? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton P.E.., SWM Man er DEPT: Public Works .............................................................................................................................. .......................$..........................._..............._............._..................................................................................._............._................_.................__...._............_.._._........_...._......... Attachments: Land Use and Transportation Committee Memorandum dated March 7, 2011 Options Considered: 1. Approve the 2010 Annual Report and SWMP documents and authorize the Mayor to submit documents to the Department of Ecology by March 315` to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2010 Annual Report and SWMP documents and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval. MAYOR APPROVAL: ` DIRECTOR APPROVAL: 0 ` Committee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 15, 2011 consent agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to submit the 2010 Annual Report and SWMP to the Department of Ecology by March 31 S` to satisfy the City's NPDES Permit obligations. " (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 - 08/12/2010 RESOLUTION # 7 CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor Cary M. Roe, P.E., Parks Recreation & Cultural Services Director, Public Works Director FROM: William Appleton, P.E., Surface Water Manager Hollie Shilley, NPDES Coordinator & Water Quality Specialist W. SUBJECT: NPDES Permit Requirements/Annual Report and SWMP BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the State. While it is a federal permit, regulatory authority lies with Washington State Department of Ecology (DOE). The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on January 17, 2007 and went into effect on February 15, 2007. The permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses six required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run -Off 5) Operations and Maintenance of Post Construction Stormwater Facilities, and 6) Monitoring. While the Permit went into effect in February of 2007, the permit phases program implementation requirements through 2012. In addition to the SWMP, the permit also requires permittees to submit an Annual Report intended to update the DOE on the status of the permittee's compliance with the NPDES Phase II Permit. Annual Reports must be submitted to DOE on or before March 31St of each year. Since the effective date of this permit, City staff has been working with the DOE and several regional forums to determine how to best meet the permit requirements. City staff has prepared the following documents to meet the 2010 SWMP and Annual Report requirements as specified under the permit. • The SWMP describes the City's applicable existing programs, as well as the plan to update and modify these programs as necessary to meet the requirements of the permit. The SWMP is a planning document which will be updated each year. • The components of the 2010 Annual Report include: a checklist detailing the status of individual permit requirements, a report describing the City's preparation for future monitoring requirements, and a Low Impact Development implementation report. cc: Project File Day File CITY OF Federal Way City of Federal Way Stormwater Management Program Updated March, 2011 Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04 — 5516 Table of Contents BACKGROUND...............................................................................................................................1 INTRODUCTION..............................................................................................................................2 SECTION 1 - PUBLIC EDUCATION AND OUTREACH...................................................................3 1.1 Permit Requirements (S5.C.1)................................................................................ 3 1.2 Current Activites...................................................................................................... 3 1.3 Planned Activites..................................................................................................... 5 SECTION 2 - PUBLIC INVOLVEMENT AND PARTICIPATION.......................................................7 2.1 Permit Requirements (S5.C.2)................................................................................ 7 2.2 Current Activities..................................................................................................... 7 2.3 Planned Activities.................................................................................................... 8 SECTION 3 - ILLICIT DISCHARGE DETECTION AND ELIMINATION............................................9 3.1 Permit Requirements (S5.C.3)................................................................................ 9 3.2 Current Activities..................................................................................................... 9 3.3 Planned Activities.................................................................................................. 10 SECTION 4 - CONTROLLING RUNOFF FROM CONSTRUCTION SITES....................................12 4.1 Permit Requirements (S5.C.4).............................................................................. 12 4.2 Current Activities................................................................................................... 12 4.3 Planned Activities.................................................................................................. 14 SECTION 5 - POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE.................14 5.1 Permit Requirements (S5.C.5).............................................................................. 14 5.2 Current Activities................................................................................................... 15 5.3 Planned Activities.................................................................................................. 16 SECTION 6 - POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE.................17 6.1 Permit Requirements (S8.C)................................................................................. 17 6.2 Current Activities................................................................................................... 17 6.3 Planned Activities.................................................................................................. 17 Page i City of Federal Way NPDES Phase II Stormwl %r Management Program BACKGROUND The National Pollutant Discharge Elimination System (NPDES) is a federal permit authorized under the Federal Clean Water Act of 1972 (as amended in 1977) that regulates stormwater and wastewater discharges to waters of the State. While NPDES is a federal permit, it is primarily administered by state governments. The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by the Washington State Department of Ecology on January 17, 2007 and went into effect on February 16, 2007. While there are several types of NPDES permits, the municipal permit is intended to reduce the impacts from both point source (i.e. construction site runoff) and non -point source pollution carried by stormwater. Construction site run-off and non -point source pollution, such as oils and metals from cars, fertilizers and pesticides from lawns, soaps from car washes, and pet waste are major contributors to water quality degradation in our lakes, streams, wetlands and the Puget Sound. One of the major requirements under the Municipal NPDES Permit is that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses the required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run -Off 5) Operations and Maintenance of Post Construction Stormwater Facilities, and 6) Monitoring. While the permit went into effect in February of 2007, the permit phases program implementation requirements through 2012. On June 17, 2009, the Washington State Department of Ecology issued a general permit modification to address outcomes of appeals and orders made by the Pollution Control Hearings Board. This Western Washington Phase II Municipal Stormwater Permit modification became effective on July 17, 2009. Page 1 of 17 City of Federal Way NPDES Phase II StormAir Management Program INTRODUCTION This document has been prepared to meet the City of Federal Way's Western Washington Phase II Municipal Stormwater Permit (Permit) requirement for development of a Stormwater Management Program (SWMP) identified in Section S5.A.2 of the Permit. The City's SWMP provides guidance on reducing the discharge of pollutants from the City's Municipal Separate Storm Sewer System (MS4) to the maximum extent practicable (MEP), meet Washington State's All Known and Reasonable Technology (AKART) requirements, and protect water quality once it is fully implemented. Many of the required SWMP elements are already being implemented by the City. The City gathers, tracks, maintains and uses information on an ongoing basis to facilitate development of the SWMP, its implementation, Permit compliance, and to set surface water related priorities. Pursuant to the requirements of the Permit, the SWMP is updated annually. The SWMP is a draft document and is used as a planning tool until such time as the SWMP and any supporting ordinances have been formally adopted by the City of Federal Way City Council. Relationship to 1995 Surface Water Management Comprehensive Plan The following SWMP should be considered a draft update to Chapter III (Surface Water Utility Programs) of the City of Federal Way 1995 Surface Water Management Comprehensive Plan. The other chapters of the 1995 Comprehensive Plan are still in effect. Page 2 of 17 City of Fferal Way NPDES Phase II Stormwa er Management Program SECTION 1- PUBLIC EDUCATION AND OUTREACH 1.1 Permit Requirements (S5.C.1) • Develop education and outreach programs that are designed to reduce or eliminate behaviors and practices that contribute to or cause adverse stormwater impacts. • Prioritize and address the target audiences and subject areas listed in the permit based on stormwater issues and practices currently existing in Federal Way. • Measure changes in the understanding and adoption of behaviors by the target audience, and use that information to evaluate past programs and to direct future programs. • Maintain records of public education and outreach activities. • Summarize activities in the Annual Report. Program implementation was required by February 16, 2009. 1.2 Current Activities The City of Federal Way Surface Water Management Division (SWM) maintains an active Public Education and Outreach Program. SWM uses a variety of approaches to inform residents and businesses about stormwater pollution prevention, stewardship opportunities, capital improvement projects, watershed planning, and maintenance activities. The program is consistently evolving and expanding to reach new audiences and cover additional pollution prevention and stormwater related topics. Staff documents and maintains records of all public education activities. A summary of the major public education activities in 2010 is provided below. • Printed Materials- SWM produces and distributes a number of printed public educational materials (i.e. posters, brochures, booklets and flyers) on a variety of subjects related to improving water quality such as pet waste, vehicle maintenance, household pollution prevention, erosion and sediment control, and yard care. • Quarterly Newsletters- SWM produces three different newsletters quarterly which target different audiences: the general public, lake residents, and shoreline property owners. The newsletters cover a variety of topics on pollution prevention and general awareness of stormwater related issues. • SWM Web Pages- Surface Water Management maintains a comprehensive website that provides the public with information on the NPDES permit, pollution prevention, storm system maintenance, stewardship opportunities, and much more. • Public Access Channel 21- In 2010, the City of Federal Way broadcasted several programs on the local public access channel related to water quality including an educational program about stormwater management, a history of conservation efforts Page 3 of 17 City of Fieral Way NPDES Phase II Stormwa er Management Program related to the Hylebos wetlands, a program describing the goals of the Puget Sound Partnership, and a gardening series on natural yard care. In the spring, the station also ran all four of the television ads produced by the Puget Sound Starts Here campaign. Press Releases & Newspaper Articles- SWM crafted several Press Releases in 2010 promoting the Rain Garden Workshop, Charity Car Wash Program, and the Curb Marker and Stream Team programs. Articles in the local newspaper, the Federal Way Mirror, included a piece on household pollution prevention tips related to summertime projects, and an article describing how Federal Way's Car Wash Program helped a classroom in Colorado. Targeted Mailings & Outreach- Outreach is often conducted to provide specific information to a narrow target audience. For example in 2010, SWM mailed out letters to every automotive related business in Federal Way describing the potential impacts of the industry on stormwater and highlighted Best Management Practices (BMPs) that should be implemented to minimize their impact. Targeted mailings were also sent out to Steel Lake and North Lake residents with specific information on pollution prevention related to lakes such as dock and boat cleaning BMPs, reasons not to feed the ducks, and ways to help prevent the spread of invasive species. In April, Federal Way and King County staff met with a group a group of representatives from several local property management companies to discuss proper stormwater BMPs specifically related to pressure washing activities. Volunteer Programs & Activities- Surface Water Management has several ongoing programs that encourage public involvement. The Stream Team and Curb Marker program receive many volunteers each year. In 2010 SWM hosted a number of additional volunteer activities including the Redondo Creek Cleanup, Lakota Creek Cleanup, and the Panther Lake and BPA Trail Cleanup events. SWM also led a rain garden planting event, two volunteer tree planting projects, and a day of invasive plant removal at a shoreline park. Rain Gardens & Natural Yard Care- In the fall, Surface Water Management provided a free Rain Garden workshop for Federal Way residents, landscapers, and contractors. In addition to learning how to design and build rain gardens, participants were invited to participate in the construction of a demonstration rain garden at a local public school. SWM provided a Natural Yard Care presentation at the City's annual Buds and Blooms event to encourage residents to reduce the use of chemicals in their yards which often become a pollutant in stormwater runoff. Fish Friendly Car Wash Program- The City has operated a very successful "fish friendly" charity car wash program for a number of years. The number of businesses and groups participating in this program consistently grows each year. Special kits, designed to divert wash water to the sanitary sewer system, are available from the City at no cost. In 2010 SWM improved the program by purchasing an additional car wash kit, incorporating survey questions into the checkout form, and by creating educational postcards to be handed out to car wash customers regarding the impacts of residential car washing on stormwater. Page 4 of 17 City of FAeral Way NPDES Phase II Storm t r Management Program • Federal Way Public Schools- The Surface Water Utility waives the stormwater fee for the Federal Way School District and in exchange the School District provides surface water related public education to its students as part of its curriculum. SWM staff has also helped teachers at a few local schools, who have access to a stream, implement a water quality monitoring component to their curriculum. Each spring SWM holds a stream clean up event for students in an environmental program at Nautilus Elementary. Solid Waste and Recycling Program- The City's Solid Waste and Recycling Division (SWR) compliments many of the educational efforts of the Surface Water Management Division. SWR promotes household pollution prevention, proper disposal of chemicals, and proper handling of pet waste. SWR also provides Federal Way residents with information and options for disposal of used motor oil, leftover paint, and other liquids that pose a threat to surface water and the environment. The department also advertises the City's Spill Hotline number in a number of its publications. Regional Participation- SWM staff participates in a number of regional forums that focus on stormwater education: WRIA 9 Watershed Ecosystem Forum and Management Committee, Puget Sound Partnership Ecosystem Coordination Board, STORM, EcoNet, and the South King County Stormwater Outreach Group. The City of Federal Way also actively promotes the regional stormwater education campaign Puget Sound Starts Here. 1.3 Planned Activities Surface Water Management is planning some additions to the Public Education and Outreach program in 2011. In January, SWM will introduce a new public education program, Salmon in City Hall. Staff will take care of several hundred salmon eggs which will be on display in the public lobby of Federal Way City Hall. The goal is to grasp the attention of residents, children and community members who visit City Hall and promote responsible behavior towards our water resources. Educational materials will highlight the relationship between people's everyday activities at home, stormwater, and the health of salmon. A complete re -design and update of the Surface Water Management web pages will take place in March, and will include a new module for implementing online surveys and polls which can be used as a tool for measuring public understanding of stormwater issues and adoption of various stormwater BMPs. In the spring, SWM will conduct a large-scale mailing of educational information to households within the greater Joes Creek and Lakota Creek watersheds that focus on nutrient reduction addressing pet waste, car washing, and lawn care BMPs. A Natural Yard Care Workshop for residents in the Joes and Lakota Creek watersheds will be held in the spring. Page 5 of 17 City of Fj�eral Way NPDES Phase II Stormwa er Management Program Through a Saltwater Algae grant, SWM will be hiring an environmental consultant to conduct an audit of the Twin Lakes Golf course. The consultant will then recommend BMPs that can help to reduce the golf course's impact on surface waters. • SWM will be providing targeted outreach to property owners bordering Puget Sound in Federal Way. This outreach will provide residents with information encouraging shoreline stewardship. • SWM plans to develop a Fact Sheet on Snow & Ice Removal BMPs for private property and business owners in Federal Way. This will most likely be distributed by mail next fall or early winter. • SWM staff intends to conduct an evaluation of the Federal Way School District's stormwater education elements in their curriculum. • Federal Way will continue to promote recognition of the Puget Sound Starts Here brand and logo using a variety of new approaches over the next year. • SWM intends to hold an Aquatic Plant ID Workshop in the summer in coordination with the Steel and North Lake Management Districts. The workshop is used to help lake residents identify which plants are both beneficial and detrimental to the health of local lakes. Numerous volunteer events will take place in 2011 including stream cleanups, tree planting events, and invasive species removals. Page 6 of 17 City of Firal Way NPDES Phase II Stormwa er Management Program SECTION 2 - PUBLIC INVOLVEMENT & PARTICIPATION 2.1 Permit Requirement (S5.C.2) Create opportunities for public involvement through advisory councils, watershed committees, participation in developing rate structures, stewardship programs, environmental activities, or other similar activities. At a minimum, the public must be provided an opportunity to participate in the decision-making processes involving the development, implementation, and update of the SWMP. Make the SWMP and Annual Report available to the public, including posting on the City's website. Summarize activities in the Annual Report The Public Participation Program was required February 16, 2008. 2.2 Current Activities The City of Federal Way encourages residents and interested parties to participate in the decision making processes involving the update and implementation of the City's Stormwater Management Program (SWMP). Opportunities for public participation in the development of the SWMP are available through the following venues: • The quarterly Surface Water Management (SWM) newsletter, "The Water Log", is used to raise awareness of the Permit requirements, update the public on the development of the SWMP and solicit comments. • The City's Surface Water Management webpage provides a general description of the Permit, describes the progress on the development of the SWMP and displays the updated SWMP and the Annual Reports as they become available. Opportunity for public comment and participation is provided via e-mail. The annual public meeting of the development, permitting and zoning stakeholders (i.e. engineers, architects, developers, business owners, utilities and public school representatives) is used to assess the City's permitting process as well as provide updates on NPDES requirements. An opportunity for participation in the development of SWMP is available to City residents through Land Use and Transportation Committee (LUTC) meetings. The LUTC reviews many of the programmatic and policy changes proposed under the SWMP and allows public comment on all of their agenda items. City Council reviews and approves many of the programmatic and policy changes related to the SWMP. Public comments are accepted during all City Council meetings. Page 7 of 17 City of Ffleral Way NPDES Phase II Stormwater Management Program 2.3 Planned Activities The City will continue to offer these opportunities for comment and involvement in the development of the Surface Water Management Plan. Public comments will be used as an adaptive management tool to evaluate permit compliance, the effectiveness of the SWMP, and set future priorities. Page 8 of 17 City of Federal Way NPDES Phase II Stormv;Oer Management Program SECTION 3 — ILLICIT DISCHARGE DETECTION & ELIMINATION 3.1 Permit Requirements (S5.C.3) • Develop an ongoing program to detect and remove illicit connections, discharges and improper disposal including spills into the municipal stormwater system. • Develop a municipal storm sewer map that includes attributes listed in section S5.C.3.a. of the permit. • Adopt and implement an ordinance to prohibit non-stormwater discharges, spills, illicit connections, and illegal dumping into stormwater systems. • Publicize a number for public reporting of spills and other illicit discharges. • Identify and prioritize areas likely to have illicit discharges. • Conduct a visual inspection of three high-priority water bodies and conduct an inspection of at least one each year thereafter. • Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste, and publicize a hotline phone number for the public to report spills, dumping, and illicit discharges. • Adopt and implement procedures for program evaluation and assessment which includes spill tracking, inspection tracking, and feedback from public education efforts. • Provide training for municipal field staff on the identification and reporting of illicit discharges in the stormwater system. • Summarize activities in the Annual Report. The City shall fully implement the Illicit Discharge Detection and Elimination Program no later than August 18, 2011. 3.2 Current Activities The City of Federal Way maintains an active Illicit Discharge Detection and Elimination (IDDE) program designed to identify and remove prohibited discharges and illicit connections to the City's stormwater system. The City has implemented the majority of the requirements for this program ahead of the permit deadline. The City maintains a comprehensive map of the City's municipal separate storm sewer system (MS4) which includes all known storm sewer outfalls, receiving waters, and municipal structural stormwater BMPs. The map is continually updated to reflect new connections and changes based on field verification. The map is available upon request. Page 9 of 17 City of Federal Way NPDES Phase II StormAer Management Program • In August 2009, the City adopted and implemented Ordinance 09-619 in order to meet the requirements of the Permit. The ordinance effectively prohibits all of the categories of non-stormwater discharges listed in the Permit and includes escalating enforcement procedures and actions pursuant to those outlined in FWRC 16.45, 16.50, and 16.55. • The City identified priority areas where illicit discharges are most likely to occur. The evaluation was based upon a prioritization of sub -watersheds using eight individual illicit discharge potential (IDP) screening factors such as land use, past complaints, and number of pollution generating sites. • Receiving waters in Federal Way are prioritized for visual inspection, and field assessments of three priority water bodies (Joes Creek, Lakota Creek, and Redondo Creek) were completed in the summer of 2010. During the assessment, outfall locations were verified and screened for illicit discharges, and newly discovered outfalls were mapped. • The City has developed IDDE procedures regarding the characterization of the nature and environmental threat posed by illicit discharges, procedures for tracing the source of illicit discharges, and procedures for eliminating the source of discharges. The existing IDDE program includes notification of appropriate authorities, notification of property owners, technical assistance for eliminating the discharge, follow-up inspections, and escalating enforcement and legal actions if the discharge is not abated. Surface Water Management's existing Public Education and Outreach Program includes educational materials designed to prevent illicit discharges by educating business owners, employees, and the public on pollution prevention best management practices and waste disposal techniques. Educational materials are disseminated to targeted audiences on an ongoing basis. Many of these materials are described in Section 1 of the SWMP. The City's Public Works Department main number (253-835-2700) is publicly listed for reporting spills and illicit discharges. After normal business hours, the public can report stormwater pollution to the city's call service at (800) 400-0749. The report will then be forwarded to on-call City staff. The phone numbers are publicized on the web, in newsletters, brochures, and many other educational materials. Information regarding IDDE reports and complaints, follow-up inspections, and enforcement actions are carefully tracked and documented. Training is provided to all field staff responsible for identification, investigation, termination, cleanup and reporting of illicit discharges. Training is also provided for staff who may observe an illicit discharge while performing their normal job duties. Field staff from the following City departments have received training: Public Works, Community Development, Parks and Recreation, and Public Safety. 3.3 Planned Activities The municipal storm sewer system map will continue to be updated as necessary and new information added as it becomes available. Page 10 of 17 City of F eral Way NPDES Phase II Storm er Management Program • Field assessment of at least one high priority water body will be completed annually. City staff will continue to evaluate and improve the IDDE program based on experience, lessons learned, and feedback from public education efforts. • Follow-up training will be provided as needed to address changes in procedures, techniques or requirements. All training records (including course information and the staff trained) will be documented and maintained. Page I I of 17 City of Federal Way NPDES Phase II Stormm er Management Program SECTION 4 CONTROLLING RUNOFF FROM CONSTRUCTION SITES 4.1 Permit Requirements (S5.C.4) • Adopt an ordinance that addresses runoff from new developments, redevelopment and construction sites. • Adopt minimum stormwater designs standards that are equivalent to the Department of Ecology's 2005 Stormwater Management Manual for Western Washington. • Implement a program to review plans, inspect construction sites, and take enforcement action against those failing to meet the required standards. • Include provisions to allow for non-structural preventative actions and source reduction practices such as Low Impact Development techniques. Adopt an ordinance, maintenance standards, inspection procedures, and enforcement provisions to insure the long-term operation and maintenance of permanent stormwater control facilities. • Provide training for staff on new and revised regulations, standards, processes and procedures. Provide copies of the "Notice of Intent for Construction Activity" and "Notice of Intent for Industrial Activity" to representatives of proposed new development and redevelopment. • Summarize activities in the Annual Report. The Construction Site Runoff Program was required to be fully implemented by February 16, 2010. 4.2 Current Activities The City of Federal Way recognizes that construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue and to better protect our natural waterways, the City's current construction site run-off program exceeds the minimum requirements of the Permit in many respects. Construction site run-off is reviewed and inspected for all construction projects, ranging from single family structures to large commercial developments. The City has adopted the 2009 King County Surface Water Design Manual, effective February 16, 2010, which has been deemed an equivalent to the Washington State Department of Ecology's (DOE) 2005 Stormwater Manual. • The City's BMP selection and site planning process was also updated through the adoption of the 2009 King County Surface Water Design Manual (2009 KCSWDM). Page 12 of 17 City of F%geral Way NPDES Phase II Stormwter Management Program The authority to conduct inspections on new developments is granted during construction pursuant to an access agreement allowed under Federal Way City Code (FWRC) 19.25.080. Authority to conduct post construction inspection of private drainage facilities discharging to the City's storm system from new development is established through drainage covenants, conditions attached to the final permit, and through FWRC 16.10.065. • Non-structural preventive actions and source control improvements measures, such as LID, are currently allowed. In 2008, the City worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for further integrating LID techniques into the City's development regulations. • Staff has completed a report on LID implementation that identifies obstacles to implementing certain LID techniques in Federal Way and suggests measure to address those barriers. • Prior to any clearing and grading activity on a construction site, a Pre -construction Inspection is conducted with the contractor to review initial erosion control requirements and the inspection process. • A minimum of two erosion control inspections are conducted by City inspection staff to ensure erosion control measures are being implemented and maintained throughout construction of the project. • A final erosion control inspection is conducted prior to final building permit approval of single-family, multi -family and commercial construction. • The ability to conduct enforcement of erosion control and stormwater requirements is provided within the City's existing development review and inspection process (FWRC 1. 15.010 through 1.15.100 and International Building Code R113 and R114). • Covenants are attached to all new developments with stormwater detention and flow control facilities at the time of final approval. The covenant allows access for inspection and requires long term operation and maintenance of stormwater facilities (FWRC 16.36.020 and 16.35.030). • Maintenance standards for private stormwater systems are established in Appendix A of the 2009 King County Surface Water Design Manual. • Developments containing storm systems are encouraged to dedicate these stormwater facilities to the City at the time of final approval. The developer is required to maintain a two-year maintenance bond to ensure maintenance of these facilities during the first two years (most often the heaviest construction period) following final approval. Staff conducts inspections of these facilities during this period to enforce compliance with maintenance standards. The City takes over operation and maintenance of these facilities once the bond is released. • Records of inspections, violations, and enforcement activities are tracked through a database permit tracking system. Page 13 of 17 City of F1 eral Way NPDES Phase II Stormwa er Management Program NPDES Construction Stormwater General Permit Focus Sheets are available at the City's Permit Center. Pursuant to a communication from the Department of Ecology, these focus sheets may be made available to the public in lieu of the application (Notice of Intent). All staff responsible for implementing the program to control run-off from construction sites are trained to conduct these activities. 4.3 Planned Activities The requirements in section S5.C4 of the Permit have been met and the Construction Run-off Control Program has been fully implemented. The City will continue to carry out all related activities to ensure compliance with the Permit. The program is continuously being reviewed and refined to ensure consistent application of the most current adopted regulations. The City will continue to provide training as necessary. Several staff will obtain LID Certification through Washington State University's Extension Program in spring of 2011. SECTION 5 POLLUTION PREVENTION, OPERATIONS AND MAINTENANCE 5.1 Permit Requirements (S5.C.5) • Establish maintenance standards that are as protective, or more protective, as those specified in the 2005 Stormwater Management Manual for Western Washington. • Perform inspections of municipally owned or operated water quality treatment and flow control facilities and catch basins at the frequencies specified by the permit. • Maintain records of inspections and maintenance or repair activities. • Implement practices to reduce stormwater impacts associated with maintenance operations for streets, parking lots, roads or highways owned or maintained by the City. • Implement practices to reduce pollutants in runoff from all lands owned and maintained by the City. • Develop a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards owned or operated by the City. Page 14 of 17 City of F eral Way NPDES Phase II Stormwa er Management Program Develop and implement an ongoing training program for City staff whose job functions may impact stormwater quality. Summarize activities in the Annual Report. All elements of the Operations and Maintenance Program were required by February 16, 2010. 5.2 Current Activities The City of Federal Way maintains a proactive and effective maintenance program of the City's drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. • The City adopted the maintenance standards found in Appendix A of the 2009 King County Surface Water Design Manual. • Regular maintenance of SWM's facilities is conducted by SWM Maintenance staff consistent with the adopted standards to ensure stormwater facilities are functioning properly. • All known municipally owned or operated stormwater treatment and flow control facilities are inspected and maintained at a minimum, annually. All known City owned or operated stormwater retention/detention ponds are currently inspected and maintained twice a year. Staff inspects at least 95% of the structures annually. • SWM maintains a "Hot Spot" list of locations vulnerable to surface water related problems during major storm events. Staff inspects these locations after all major storms to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. • Sediment levels in catch basins (CBs) are evaluated on a circuit basis annually. When sediment levels equal or exceed 50% of the sump capacity on average in the sampling circuit, all CBs and inlet structures in that circuit are cleaned. Catch basins in high use areas, such as main arterials, are cleaned throughout the City each year. SWM has implemented practices and procedures that reduce stormwater impacts associated with runoff from streets, parking lots, roads and highways owned or maintained by the City, as well as road maintenance activities conducted by the City. Activities addressed include: pipe and culvert cleaning, ditch maintenance, street cleaning, road repair and resurfacing, snow and ice control, utility installation, pavement striping, maintaining roadside areas and vegetation, and dust control. Page 15 of 17 City of F eral Way NPDES Phase II Stormwafer Management Program Staff has modified policies and procedures regarding the maintenance and operation of lands owned or maintained by the City in an effort to reduce the discharge of stormwater pollutants. Policies and procedures that have been addressed include: application of fertilizers, pesticides and herbicides, sediment and erosion control, landscape maintenance, vegetation disposal, and cleaning and maintenance of building exteriors. The City has an on-going training program for employees whose job functions may impact water quality. The program addresses the importance of protecting water quality, the requirements of the Permit, operations and maintenance standards, inspection procedures, BMP selection, and ways to perform their job activities to prevent or minimize impacts to water quality. A Stormwater Pollution Prevention Plan (SWPPP) for the City's heavy equipment maintenance and storage yard has been implemented. The SWPPP includes periodic visual inspections of the facility to evaluate the effectiveness of the BMPs. Records of inspections and maintenance or repair activities are kept in accordance with the S9 Reporting Requirements of the Permit. 5.3 Planned Activities • Staff will continue to evaluate the effectiveness of selected pollution prevention BMPs and will continue to ensure full implementation of the Stormwater Pollution Prevention Plan. The City will provide follow-up training as needed to address changes in procedures, techniques or requirements. The City will track and maintain records of training provided. Page 16 of 17 City of F eral Way NPDES Phase II Storm er Management Program SECTION 6 MONITORING 6.1 Permit Requirements (S8.C) • Prepare for future comprehensive long-term monitoring of both stormwater and of Stormwater Management Program (SWMP) effectiveness. Report any stormwater monitoring or studies currently being conducted by the City. Assess the appropriateness of the best management practices identified for each component of the SWMP, and identify any changes that are made or are anticipated to be made. 6.2 Current Activities The City has identified two outfalls (representing commercial and high-density residential land uses) where permanent sampling stations could be established in the future. Two suitable questions concerning SWMP effectiveness have been developed, and monitoring methods have been identified to attempt to answer these questions. • A summary of current monitoring activities by the City has been provided in the Annual Report. • The City of Federal Way participates in a regional monitoring forum to develop feasible and effective future monitoring requirements as an alternative to those proposed in the current permit. 6.3 Planned Activities The City will continue to assess the performance and adequacies of the City's Stormwater Management Program, and evaluate the appropriateness of Permit requirements intended to reduce pollutants entering the City's storm sewer system. Page 17 of 17 City of F&ral Way NPDES Phase II Stormwater Management Program 'k V::� FeOF deral Way Annual Report Reporting Period 2010 (Prepared March 2011) Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04-5516 28 1. Permittee Information Permittee Name City of Federal Way Contact Name William Appleton, P. E. 33325 8th Avenue South Federal Email A william.i .Com II. Regulated Small MS4 Location Jurisdiction City of Federal Way Major Receiving Water(s) Puget Sound Permittee Coverage Number WAR 04-5516 Phone Number 253-835-2750 State Zip + 4 WA 98003-6325 IEntity Type: Check the box that applies I Countv CitvlTown Other x III. Relying on another Governmental Entity If you are relying on another governmental entity to satisfy one or more of the permit obligations, list the entity and briefly describe the permit obligation(s) they are implementing on your behalf below. Attach a copy of your agreement with the other entity to provide additional detail. Name of Entity: Permit Obligation(s): 29 IV. Certification All annual reports must be signed and certified by the responsible official(s) of permittee or co - permittees. Please print and sign this page of the reporting form and mail it (with an original signature) to Ecology at the address noted below. An electronic signature will not suffice. I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations. ame Title ame Title ame Title ame Title Name Title 30 Date Date Date Date Date VI. Status Report Covering Calendar Yr: 2010 PLEASE indicate reporting year and your jurisdiction in Line 1, above. PLEASE refer to the INSTRUCTIONS tab for assistance filling out this table. Jurisdiction Name: City of Federal way NOTE: Items that have future compliance dates must still be answered to indicate status. NOTE: For clarification on how to answer questions, place cursor over cells with red flags. NOTE: Highlighted items indicate requirements that are due in 2009. PLEASE review your work for completeness and accuracy. Save this worksheet as you go! Question Y/NI # Comments (50 word limit) Name of Attachment & NA Page #, if applicable I . Attached annual written update of Permite's Y See Attachment- City of Federal Stormwater Management Program (SWMP), Way Stormwater Management Program document (SWMP) including applicablerequirementsunder r� S5.A:2 and S9?' 2. Attached a copy of any annexations, NA z 4,` There were no annexations or boundary incorporations or boundary changes resulting changes during the reporting period. in an increase or decrease in the Pennittee's , geographic area of permit coverage during the reporting period, and implications for the SWMP as per S9.E.3?�' 3. Implemented an ongoing program for Y gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to,r setpriorities? (S5.A3) 4. Begun tracking costs or estimated costs of the Y development and implementation of the SWMP? (Required no later than January 1, s 2009, S5.A.3.a), 5. SWMP includes an education program aimed Y at residents, businesses, industries, elected officials, policy makers, planning staff and other employees of the Permittee? (Required to begin by February 15, 2009, SS.C.1) 6. Distributed appropriate information to target Y audiences identified in the area served by the MS4? (Required to begin by February 15, 2009, S5.C.I a) 7. Tracked the types of public education and Y outreach activities implemented. (Required to begin by February 15, 2009, S5.C.l.c) 7b. Number of activities implemented: 80 8. Measured the understanding and adoption of Y the targeted behaviors among at least one targeted audience in at least one subject area. (Required to begin by February 15, 2009, S5.C.1.b) 9. Provided opportunities for the public to Y participate in the decision making processes involving the development, implementation and updates of the Permittee's SWMP? (Required by February 15, 2008, S5.C.2.a) 31 Page 1 of 12 Question YIN/ # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 10. Developed and implemented a process for Y public involvement and consideration of public comments on the SWMP? (Required by February 15, 2008, S5.C.2.a) 11. Made the most current version of the SWMP Y avertable to the public. S5.C.2.b 12. Posted the SWMP and latest annual report on Y your website. (S5.C.2.b) 12b. NOTE website address in Attachment field: http:/Avww.cityoffederalway.com /Pa e.as x? a e=762 13. Initiated or implemented an ongoing program NA The City has initiated nearly all of the IDDE to detect and remove illicit connections and program elements. The final component to be illegal discharges into the Permittee's MS4? implemented is to provide a report of IDDE public education efforts which is required by (Required August 19, 2011, S5.C.3) August 19, 201 land will be included in the 2011 Annual Report. 14. Developed and currently maintain a map of Y This requirement has been met ahead of the your MS4? (Required by February 16, 2011, permit deadline. S5.C.3.a) 14b. Initiated a program to develop and maintain a Y _ map of all connections to the MS4 authorized or allowed by the Permittee after the Permit: effective date? (S5.C.3.a ii) 15. Map shows the location of all known Y This requirement has been met ahead of the municipal separate storm sewer outfalls, permit deadline. All known outfalls and structural BMPs have been mapped, but staff receiving waters and structural stormwater continues to update stormwater mapping BMPs owned, operated, or maintained by the through GPS field reconnaissance. Permittee? (Required by February 16, 2011, S5.C.3.a.i) 16. Map shows all storm sewer outfalls with a 24 Y This requirement has been met ahead of the inch nominal diameter or larger, or an permit deadline. equivalent cross-sectional area for non -pipe systems and includes tributary conveyances, associated drainage areas and land use? (Required by February 16, 2011, S5.C.3.a.i) 17. Map shows geographic areas served by the Y This requirement has been met ahead of the Permittee's MS4 that do not discharge permit deadline. stormwater to surface waters? (Required by February 16, 2011, S5.C.3.a.iii) 18. Map has been made available upon request? Y (S5.C.3.a.iv) 19. Developed and implemented regulatory actions Y Ordinance No. 09-619 necessary to effectively prohibit non- stormwater, illicit discharges into the Permittee's MS4? (Required by August 15, 2009, S5.C.3.b) 20. Developed and implemented an ongoing Y This requirement has been met ahead of the program to detect and address non-stormwater permit deadline. illicit discharges, including spills, and illicit connections into the Permittee's MS4? (Required by August 19, 2011, S5.C.3.c) 32 Page 2 of 12 Question WN/ # Comments (60 word limit) Name of Attachment & NA Page #, if applicable 21. Developed procedures for locating priority Y This requirement has been met ahead of the areas likely to have illicit discharges, including permit deadline. at a minimum: evaluating land uses and associated business/industrial activities present; areas where complaints have been registered in the past; and areas with storage of large quantities of materials that could result in illicit discharges, including spills? (Required by August 19, 2011, S5.C.3.c.i) 22. Implemented field assessment activities, Y This requirement has been met ahead of the including visual inspection of priority outfalls permit deadline. identified during dry weather, and for the purposes of verifying outfall locations, identified previously unknown outfalls, and detected illicit discharges? (Required by August 19, 2011, S5.C.3.c.ii) 23. Prioritized receiving waters for visual Y inspection? (Required by February 16, 2010, S5.C.3.c.ii) 24. Conducted field assessments for three high Y This requirement has been met ahead of the priority water bodies? (Required by February permit deadline. 16, 2011, S5.C.3.c.ii) 25. Conducted field assessments on at least one NA Required after February 16, 2011. high priority water body? (Required annually after February 16, 2011, S5.C.3.c.ii) 26. Developed and implemented procedures for Y This requirement has been met ahead of the characterizing the nature of, and potential permit deadline. public or environmental threat posed by, any illicit discharges found by or reported to the Permittee? (Required by August 19, 2011, S5.C.3.c.iii) 27. Developed and implemented procedures for Y This requirement has been met ahead of the tracing the source of an illicit discharge; permit deadline. including visual inspections, and when necessary, opening manholes, using mobile cameras, collecting and analyzing water samples, and/or other detailed inspection procedures? (Required by August 19, 2011, S5.C.3.c.iv) 28. Developed and implemented procedures for Y This requirement has been met ahead of the removing the source of the discharge, permit deadline. including notification of appropriate authorities; notification of the property owner; technical assistance for eliminating the discharge; follow-up inspections; and escalating enforcement and legal actions if the discharge is not eliminated? (Required by August 19, 2011, S5.C.3.c.v.) 29. Informed public employees, businesses, and Y This requirement has been met ahead of the the general public of hazards associated with permit deadline. illegal discharges and improper disposal of waste? (Required by August 19, 2011, S5.C.3.d) 33 Page 3 of 12 Question YIN/ # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 30. Distributed appropriate information to target Y This requirement has been met ahead of the audiences identified pursuant to S5.C.I? permit deadline. (Required by August 19, 2011, S5.C.3.d.i) 31. Publicized a hotline or other local telephone Y number for public reporting of spills and other illicit discharges? (Required by February 15, 2009, S5.C.3.d.ii) 31b. Number of hotline calls received: 10 There were a total of 64 reported stormwater pollution incidents in 2010. Only 10 came through the spill hotline. 31 c. Number of follow-up actions taken in response 10 Staff follows up with all reports received. to calls: 32 Maintained a hotline or other reporting number Y for public reporting of illicit discharges, including spills? (Required by February 15, 2009, SS.C.3,d.ii) 32b. NOTE hotline number in Comments field y (253) 835-2700 After Hours: (800) 400-0749 33 Tracked the number of illicit discharges, Y This requirement has been met ahead of the including spills, identified? (Required by permit deadline. August 19, 2011, S5.C.3.e) 33b. Number of illicit discharges identified: 47 34 Tracked the number of inspections made for Y This requirement has been met ahead of the illicit connections? (Required by August 19, permit deadline. 2011, S5.C.3.e) 34b. Number of inspections: 1 35 Received feedback from IDDE public NA Not required until August 19, 2011. education efforts? (Required by August 19, 2011, S5.C.3.e) 36 Attached report on IDDE public education NA Not required until August 19, 2011. efforts? (Required by August 19, 2011, S5.C.3.d, S5.C.3.e) 37 Municipal field staff responsible for Y identification, investigation, termination, cleanup, and reporting of illicit discharges, improper disposal and illicit connections are trained to conduct these activities? (Required by August 15, 2009, S5.C.31) 37b. Number oftramin vided: 5 3 7c. Number of staff trained: 37 38 Provided follow-up training as needed to NA Appropriate staff have been trained. No address Changes in procedures, techniques or training updates were needed in 2010. requirements? (Required by August 15, 2009, S5.C.3.fi) 38b. Number of trainings provided: 0 3 8c. Number of staff trained: 0 39 Developed and implemented an ongoing Y training program on the identification of an illicit discharge/connection, and on the proper procedures for reporting and responding to the illicit discharge/ connection for all municipal field staff, which, as part of their normal Job responsibilities, might come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system? (Required by February 16, 2010, S5.C.31.ii.) 39b. lNumber of traininprovided: 1 12 34 Page 4 of 12 Question YIN/ # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 39c. Number of staff trained: 133 40 Developed, implemented and enforced a Y program to reduce pollutants in stormwater runoff to a regulated small MS4 from new development, redevelopment and construction site activities? (Required by February 16, 2010, S5.C.4) 41 Applied stormwater runoff program to all sites Y The City of Federal Way applies its stormwater Ow disturb a land area I acre or greater, run-off program to all development sites including projects less than one acre that are regardless of size. part of a larger common pian of the development or sale? (Required by February 16, 2010, S5.C.4) 42 Applied storntwater runoff program to private Y and public development, including roads? (Required by February l6, 2010, S5.C.4) 43 Applied the Technical Thresholds in Appendix Y The City of Federal Way applies the Technical I to all sites 1 acre or greater, including Thresholds in Appendix 1 to all development projects less than one acre that are part of a sites regardless of size. larger common pian of the development or sale? (Required by February 16, 2010, S5.C.4) 44 Adopted and implemented regulatory Y mechanism (such as an ordinance) necessary to address nut -off from new development, redevelopment and construction site activities? (Required by February 16, 2010, SICA.a) 45 Retained existing local requirements to apply Y The City of Federal Way adopted the newer storntwater controls at smaller sites or at lower 2009 King County Surface Water Design Manual (2009 KCSWDM) for all development thresholds than required pursuant to S5.CA? sites, even those disturbing less than 1 acre, (S5 AA) which were previously only required by the City to meet 2005 KCSWDM standards. 46 The ordinance or other enforceable mechanism Y The City of Federal Way has adopted the 2009 includes the minimum requirements, technical King County Surface Water Design Manual (an Ecology approved equivalence) in order to thresholds, and definitions in Appendix I (or meet this requirement. an equivalent approved by Ecology under the NPDES Phase 1 Municipal Stormwater Permit) for new development, redevelopment, and construction sites? (Required by February 16, 2010, S5 CA.a i) 47 The ordinance or other enforceable mechanism Y The City of Federal Way has adopted the 2009 includes exceptions and variance criteria King County Surface Water Design Manual (an Ecology approved equivalence) in order to equivalent to those in Appendix 1? (Required meet this requirement. by February 16, 2010, S5.C.4.al, and Section 6 of Appendix 1) 48 Were exceptions or variances to the minimum N No exceptions were granted. requirements in Appendix l granted? (Required by February 16, 2010, S5.C.4.al, and Section 6 of Appendix 1) 48b. If so, how many were ted? 1 10 35 Page 5 of 12 Question YIN/ # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 49 The ordinance or other enforceable mechanism Y The City of Federal Way has adopted the 2009 includes a site planning process and BMP King County Surface Water Design Manual (an selection and design criteria that, when used to Ecology approved equivalence) in order to meet the State (AKART) requirement under implement the minimum requirements in Chapter 90.48 RCW. Appendix l (or equivalent approved by Ecology under the Phase I Permit) will protect water quality, reduce the discharge of pollutants to the maximum extent practicable and satisfy the State requirement under Chapter 90.48 RCW to apply all known, available and reasonable methods of prevention, control and treatment (AKART) prior to discharge? (Required by February 16, 2014, S5.C.4.a.ii) 49b. Cite documentation to meet this requirement in Ordinance No. 09-630 Auachment field: 50 The ordinance or other enforceable mechanism Y Federal Way Revised Code (FWRC) provides the legal authority, through the 19.25.080 approval process for new development, to inspect private stormwater facilities that discharge to the Permittee's MS4? (Required by February 16, 2010, S5.C.4.a.iii) 51 The ordinance or other enforceable mechanism Y Ordinance No. 09-630 allows non-structural preventive actions and source reduction approaches such as Low Impact Development (LID) Techniques to minimize the creation of impervious surfaces and minimize the disturbance of native sails and vegetation? (Required by February 16, 2010, S5.C.4.a.iv) 52 if the ordinance or regulatory mechanism NA City decided not to make this option available. allows construction sites to apply the Erosivity Waiver in Appendix 1, Minimum Requiremem #2, does it include appropriate, escalating enforcement sanctions for construction sites that provide notice to the Permittee of their invention to apply the waiver but do not meet the requirements (including timeframe restrictions, limits on activities that result in ran-stormwater discharges, and implementation of appropriate BMPs to prevent violations of water quality standards) to qualify for the waiver? (If waiver is allowed, the qualification is required by February 16, 2010, S5.C.4.a v) 53 Developed and implemented a permitting Y FWRC 18.05.010 and 19.05.005 process to address runoff from new development, redevelopment and construction site activities with pian review, inspection, and enforcement capability? (Required by February 16, 2010, S5.C.4.b) 36 Page 6 of 12 Question YIN/ # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 54 Applied permitting process to all sites that Y The City of Federal Way applies its permitting disturb a land area I acre or greater, including process to all development sites regardless of projects less than one acre that are part of a size. larger common plan of the development or sale? (Required by February 16, 2010, S5.C.4,b) 55 Reviewed Stormwater Site Plans for new Y development and redevelopment projects? (.Required by February 16, 2010, S5.0 4.b,i) 55b. Number of site plans reviewed during the rain od: 56 Inspected, prior to clearing and construction, Y City staff inspects all development sites prior to all known development sites that have a high clearing and grading regardless of its potential potential for sediment tr'arLVo t as determined for sediment transport as determined by Appendix 7. through plan review based on definitions and requirements in Appendix 7 D eteriniging Construction Site Sediment Potential? (Required by February 16, 2010, S5_C.4.b.ii) 56b. Number of qualifying sites inspected prior to 46 clearing and construction during the reporting 57 Inspected constriction -phase stormwater Y controls at all known permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls? (Required by February 16, 2010, S5.CA.W i) 57b. Numberof sites inspected during the 54 construction phase for the reporting period: 58 Enforced as necessary based on the inspection Y at new development and redevelopment prey? (Required by February 16, 2010, S5.C.4.b.iii) 58b. Number of enforcement actions taken during 15 the reportig rind: 59 Inspected qualifying permitted development Y sites upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater controls such as stormwaiter facilities and structural BMPs? (Required by February 16, 2010,'S5.C.4.b.iv and v) 59b. Number of qualifying sites known during the 47 nperiod: 59c. Number of qualifying sites inspected during 47 the reporting 60 Verified a maintenance plan is completed and Y responsibility for maintenance is assigned for qualifying projects? (Required by February 16 2010, S5.C.4b.iv) 37 Page 7 of 12 Question PINI # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 61 Enforced regulations as necessary based on the Y inspection? (Required by February 16, 2010, S5.C.4.b.iv) 61 b. Number of enforcement actions taken during 5 the reporting period: 62 Developed and implemented an enforcement Y strategy to despond to issues of non- compliance with the regulations for qualifying projects? (Required by February 16, 2014, S5.C.4.bvi) 63 Did the Permittee choose to allow construction N City decided not to make this option available. sites to apply the Erosivity Waiver in Appendix 1, Minimum Requirement #2? (S5.C.4.b.vii) 63b. If yes, how many waivers were allowed ? 0 64 Developed and implemented a long-term Y operation and maintenance (O&M) program for post-construction stormwater facilities and BMPs? (Required by February 16, 2010, S5.C.4.c) 65 Adopted an ordinance or other regulatory Y FWRC 16.36.020 and 16.35.030 mechanism that clearly identifies the party responsible for maintenance, requires inspection of facilities and establishes enforcement procedures? (Required by February 16, 2010, S5.C.4.6) 66 Inspected post-construction stormwater Y controls, including structural BMPs, at new development and redevelopment projects? (Required by February I6, 2010, S5.C.4.c) 66b. Number of sites inspected during the reporting 734 period: 66c. Number of structural BMPs inspected during 3500 This is an approximation. the reporting period: 66d. Number of enforcement actions taken during 165 the reporting period:• 67 Established maintenance standards that are as Y The City of Federal Way applies the protective, or more protective, of facility maintenance standards in Appendix A of the function as those specified in Chapter 4 of 2009 King County Surface Water Design Manual. Volume V of the 2005 Stormwater Management Ma rtuai for Western Washington? (Required by February 16, 2010, S5.C.4.c.ii) 68 Performed timely maintenance as per Y S5.C.4.c.ii? (Required by February 16, 2010, S5.C.4.c.ii) 68b. Attsehed documentation of any maintenance NA There were no maintenance delays during the NA delays. (Required by February 16, 2010, reporting period. SS.C.4.6i 69 Established program to annually inspect all Y stormwater treatment and flow control facilities (other than catch basins) permitted by the Permittee according to S5.C.4.b. unless there are maintenance records to justify a different frequency? (Required by February 16, 2010, S5.C.4.c-iii) 38 Page 8 of 12 Question YIN/ # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 70 If using deduced inspection frequency, NA Staff is conducting inspections at the required NA Attached documentation as per s5.C.4.c.iii? frequency indicated in the permit. (Required by February 16, 2010, S5.C.4.c.iii). 71 Inspected all new stormwater treatment and Y flow control facilities owned or operated, including catch basins, for new residential developments that are a part of a larger common plan of development or sale, every 6 months during the period of heaviest house construction (i.e., l to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed? (Required by February 16, 2010, S5.C.4.c.iv) 71 b. Number of facilities inspected during the 13 revortinit od: 72 Implemented a procedure for keeping records Y of inspections and enforcement actions by staff, including inspection reports, warning letters, notices of violations, other enforcement records, maintenance inspections and maintenance activities? (Required by February 16 2010, S5.CA.d) 73 Provided copies of the Notice of Intent for Y Cocoon Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment? (S5.C.4.e) 74 All staff responsible for implementing the Y program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement were trained to conduct these activities? (Required by February 16, 2010, S5.C.4.t) 74b. Number of traininprovided: 74c. Number of staff trained: 8 75 Developed and implemented an operations and Y maintenance (O&M) program that includes a training component and has the ultimate goal of pnwenting or reducing pollutant runoff from municipal operations? (Required by February 16, 2010, S5.C.5) 76 Adopted maintenance standards as protective, Y The City of Federal Way adopted the or more protective, of facility function as those maintenance standards in Appendix A of the specified in Chapter 4 of Volume V of the Man King County Surface Water Design Manual. 2005 Starmwater Management Manual for Western Washington? (Required by Febntary 16,2010, S5.C.5.a) 39 Page 9 of 12 Question YIN/ # Comments (50 word Hmit) Name of Attachment & NA Page #, if applicable 77 Performed timely maintenance as per Y SS.C.5.a.ii? (Required by February 16, 2010 S5 C.5.aai) 77b. Attached documentation of any maintenance NA There were no maintenance delays during the NA delays. (Required by February 16, 2010, reporting period. S5.CS.a.ii 78 Designed a program to annually inspect and Y maintained all stormwater treatment and flow control facilities (other than etch basins)? (Required by February 16, 2010, S5.C.4.c.iii) 78b. Number of known facilities: 395 78c. Number of facilities inspected during the 376 All facilities inspected except for 19 detention reportingperiod: tanks. Achieved inspection goal of 95%. 79 If using reduced inspection frequency, NA Staff is conducting inspections at the required NA Attached documentation as per S5.C.5.&ii? frequency indicated in the pennit. (Required by February 16, 2010, S5.C.5.b) 80 Conducted spot clinks of stormwater facilities Y after major storms? (Required by February 16 2010, S5.C.5.c 80b. Number of known facilities: 59 80c. Number of facilities inspected during the 177 rtiperiod: 81 Inspected municipally owned or operated catch Y Inspections are conducted annually on a basins at least once before the end of the circuit basis. Permit term? (Required by February 16, 2010, S5.C.5.d) 81b. Number of known catch basins: 11500 81c Number of ins ons: 4876 Performed inspections on a circuit basis. 81 d. Number of catch basins cleaned: 3588 82 Established and implemented practices to Y reduce stormwater impacts associated with runoff from streets, parking lots, roads or highways owned or maintained by the Permittee, and road maintenance activities conducted by the Permittee? (Required by February 16, 2010, S5.C.51) 83 Established and implemented policies and Y procedures to seduce pollutants in discharges from all lands awned or maintained by the Permittee and subject to this Permit, including but not limited to: parks, open space, mad right of -way, maintenance yards, and stormwater treatment and flow control facilities? (Required by February 16, 2010, S5.C.5.g) 84 implemented an operations and maintenance Y {OW program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff' from municipal operations? (Required by February , 16, 2010, S5.C.5.h.) 84b. lNumber of traininprovided: 1 84c. lNumber of staff trained: 133 Page 10 of 12 Question YIN/ # Comments (50 word limit) Name of Attachment & NA Page #, if applicable 85 Implemented a Stormwater Pollution Y Prevention Plan (SWPPP) for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under the Industrial Stormwater General Permit? (Required by February 16, 2010, S5.C51) 86 Is there an approved Total Maximum Daily N No applicable TMDLs. Load (TMDL) applicable to stormwaller discharges from a MS4s owned or operated by the Permittee? 87 Complied with the specific requirements NA No applicable TMDLs. identified in Appendix 2? (S1.A) 88 Attached status report of TMDL NA No applicable TMDLs. NA implementation? S7.A) 89 Where: monitoring was required in Appendix 2 NA No applicable TMDLs. did you conduct the monitoring according to an approved Quality Assurance Project Plan? (S7.A)H 90 Took appropriate action to correct or minimize Y discharges into or from the MS4 which may constitute a threat to human health, welfare, or the environment? (G3)` 90b. Attached a summary of the status of NA Federal Way did not have any S4.F.1 NA implementation of any actions taken pursuant requirements during the reporting period. to SAF and the status of any montioring, r„ assessment, or evaluation efforts conducted N during the reporting period? (S4.F3.d) 91 Notified Ecology of the failure to comply with NA The City is not aware of any non-compliance the permit terms and conditions within 30 days issues during the reporting period. of becoming aware of the non-compliance? (G20) 92 Notified Ecology immediately in cases where Y the Permittee becomes aware of a discharge from the Permittees MS4 which may cause or contribute to an imminent threat to human health or the environment? (63) 93 Attached a summary of identified barriers to Y See Attachment: LID the use of low impact development (LID) and Implementation Report measures to address the barriers (Required to be submitted by March 31, 2011, S9.E.4.a) 94 Attached a report describing LID practices Y See Attachment: LID currently available and that can be reasonably Implementation Report implemented, potential or planned non- structural actions and LID techniques to prevent stormwater impacts; goals and metrics to identify, promote, measure LID; and schedules to require and implement non- structureal and LID techniques on a broader scale (Required to be submitted by March 31, 2011, S9.E.4.b) 41 Page 11 of 12 Question Y/NI # Comments (50 word limit) Name of Attachment & NA 1 1 Page #, if applicable 42 Page 12 of 12 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part A for all annual reports. NOTE: Please note in Row 1 of the table if you have no information to report. NOTE: Please limit your entries to 255 characters per cell. You may include additional information in your Supplemental Documentation attachment and reference it below with the page number. A. Information Collection Briefly describe any stormwater monitoring, studies, or type of information collected and analyzed during the Who/how to contact for additional Information? REMINDER: Check your work. Proceed to thelnfo Collection (Section VII-B)tab next. Pa" of 1 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part B for all annual reports. B. SWMP Evaluation (S8.B & S9) You are required to assess the appropriateness of the BMPs you have selected to implement your SWMP. This evaluation is necessary to evaluate whether the MEP standard set by the permit is protective of water quality in your receiving water bodies. This assessment may be entirely qualitative. Answer NA if you are not yet implementing BMPs for a component of the SWMP. (S8.13.2 and S9) Question Y1WNA Comments (50 word limit) REMINDER: Answer each question Y/N/NA and provide necessary background information in theCor, field. Proceed to the next tab. 44 Page 1 of 1 Some public education BMPs are more successful than others. The City continues to adapt it's program to be as successful as possible. It is recognized however the no single BMP will ever y effectively change 100% of people's behavior, therefore the Are the BMPs selected and implemented for Public Outreach City implements a variety of education and outreach 1. appropriate to minimize pollutants in the MS4 to the MEP? approaches. Are the BMPs selected and implemented for Public The City provides numerous opprtunities for public comment Involvement appropriate to minimize pollutants in the MS4 to y and participation in the development of the SWMP. 2. the MEP? Are the BMPs selected and implemented for Illicit Discharge Federal Way's IDDE program is successful in eliminating Detection and Elimination appropriate to minimize pollutants y known illicit discharges and illegal connections to the City's 3. in the MS4 to the MEP? MS4. Are the BMPs selected and implemented for Construction The Construction Run-off Program prevents and eliminates Stormwater Pollution Prevention appropriate to minimize y stonnwater pollution thru the inspection and enforcement 4. pollutants in the MS4 to the MEP? process. Are the BMPs selected and implemented for Post- The Post -Construction inspection program is successful in Construction Runoff Management appropriate to minimize y reducing stormwater pollution to the maximum extend possible using eforcement measures if necessary. 5. pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Good Since many of the BMPs in Federal Way's Operation and Maintenance program were only recently fully implemented in Housekeeping for Municipal Operations appropriate to NA 2010, the City has not had adequate time to evaluated the 6. minimize pollutants in the MS4 to the MEP? I success of those BMPs. REMINDER: Answer each question Y/N/NA and provide necessary background information in theCor, field. Proceed to the next tab. 44 Page 1 of 1 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part C for all annual reports. C. Changes in BMPs or objectives (S8.B) If any of the BMPs or objectives is being changed, list the old BMP and objective, the new BMP and objective, and a justification for the change below. (S8.B.2., and S9) NOTE: You may choose to attach additional documentation justifying Changes in BMPs or objectives. Note such attachments in the Justification for change field. Old BMP old Ohiective New BMP New Obiective Justification for Change There have been no significant changes to I program BMPs. 2 3 4 5 6 7 REMINDER: Provide necessary background information. Proceed to the next tab. Pa" of 1 VII. Information Collection, BMP Evaluation, and Monitoring D. Preparation for future, long-term monitoring Complete section D for the fourth annual report only. Name of Attachment? Question Y/NlNA Comments (50 word limit) Page Number? Identified outfalls or conveyances for See Attachment Preparation for Future, long-term stormwater monitoring? Y Long -Term Monitoring 1. (S8.C.2.a) Attach site maps and descriptions. See Attachment Preparation for Future, 1b. (S8.C.2.a) Long -Term Monitoring See Attachment Preparation for Future, Identified at least two questions for Long -Term Monitoring SWMP effectiveness monitoring and Y 2. developed monitoring plans? (S8.C.2.b) Attach the proposed questions and See Attachment Preparation for Future, monitoring plans for SWMP c Long -Term Monitoring 2b. effectiveness monitoring. (S8.C.2.a.ii) Monitoring plan developed for each See Attachment Preparation for Futuna, 3. question? (S8.C.I.b.iii) Y Long -Term Monitoring See Attachment Preparation for Future, 3b. Attach a copy of the monitoring plan. r Lon -Term Monitoring Identified sites in preparation for future, See Attachment Preparation for Future, long-term monitoring? (S8.C. I.a., and Y Long -Term Monitoring 4. S8.C.2.b) Attach a summary of the status of site See Attachment Preparation for Future, identification for long-term stormwater Long -Term Monitoring monitoring; proposed questions for SWMP effectiveness monitoring; and status of developing the SWMP 4b. effectiveness monitoring plans. REMINDER: Check your work: did you answer each question, provide necessary background information in the Comments field, and note the filename and page number of all required documentation in the Attachment field? This is the final tab of the Annual Report worksheet. Please review the entire worksheet for completeness and accuracy and save this document. Email this Annual Report file PLUS any identified attachments to: PH2 WAnnRp#@ecy.wa.gov no later than March 31. Mail two copies of the entire package to the address listed on the Certification tab. 46 Page 1 of 1 2010 Annual Report Attachment -Current Monitoring Studies 47 Description of stormwater monitoring, studies, or type of information collected and analyzed during the reporting period. Staff Contact (S8.B.1) Continuous water quality monitoring at four (4) in -pipe MS4 locations Dan Smith, 1 utilizing automated instrumentation for flow, dissolved oxygen, Water Quality Coordinator temperature, and pH. 253-835-2756 2 Continuous water quality monitoring at one (1) in -pipe MS4 location Dan Smith, Water Quality Coordinator utilizing automated instrumentation for turbidity. 253-835-2756 Continuous water quality monitoring at three (3) surface water Dan Smith, 3 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator oxygen, temperature, pH, and turbidity. 253-835-2756 Continuous water quality monitoring at two (2) surface water Dan Smith, 4 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator oxygen, temperature, and pH. 253-835-2756 Continuous temperature monitoring at approximately thirteen (13) Dan Smith, 5 individual (both MS4 and surface water) sites utilizing automated Water Quality Coordinator loggers. 253-835-2756 Various grab samples collected to quantify stormwater contaminants Dan Smith, 6 of concern associated with prohibited stormwater discharges and code Water Quality Coordinator enforcement action. Samples were submitted to a local environmental 253-835-2756 laboratory for analysis. 7 In -stream B -IBI macroinvertebrate samples collected and analyzed Dan Smith, Water Quality Coordinator from twelve (12) individual sites. 253-835-2756 Hollie Shilley, 8 Catch basin sediment level monitoring. NPDES Coordinator 253-835-2752 Dan Smith, 9 Volunteer water quailty monitoring data. No quality control review or Water Quality Coordinator data evaluation was conducted on this data. 253-835-2756 47 Preparation for Future, Long -Term Monitoring City of Federal Way December 10, 2010 On October 29, 2010, the Stormwater Work Group (SWG) submitted a report to the Department of Ecology (Ecology) titled: "Recommendations for Municipal Stormwater Permit Monitoring". This report suggests specific monitoring requirement recommendations for the next Phase II Municipal Stormwater Permit term, and is an important component in the establishment of a new Stormwater - Assessinent and Monitoring Program for Puget Sound (SWAMPPS). The SWG is comprised of a divergent group of stakeholders, including Ecology, Puget Sound Partnership, State Agencies, Federal Agencies, Local Governments, Business Groups and Environmental Groups. All members of the SWG and its various caucuses have provided strong support for the "Recommendations for Municipal Stormwater Permit Monitoring" document. Department of Ecology staff has publicly expressed their support of the SWG report referenced above, and are preparing to fashion the next reissuance of the Phase II permit and associated monitoring requirements based on the detailed recommendations provided therein. This includes monitoring focused on receiving waters rather than outfalls. Given this, the City of Federal Way anticipates that the stormwater monitoring design proposed in the current Phase II Municipal Stormwater Permit (S8.c, stormwater monitoring and targeted Stormwater Management Program effectiveness monitoring) will not be prescribed in the next permit cycle as it does not align with the SWG recommendations. The following information includes "preparation for future, long-term monitoring" per section S8.0 of the current permit. These are proposed monitoring programs only, and should be considered draft and subject to modification as necessary. S&C.a. Stormwater Monitoring The City of Federal Way has identified the following three (3) outfalls or conveyances where stormwater sampling could be conducted: Commercial Land Use Sampling Location: Kitts Corner Regional Detention Facility (RDF) Outlet See Map I The Kitts Corner RDF drainage basin captures runoff from approximately 746 acres. The following is a breakdown of land use area by percentage: • 72.1% Highly developed commercial (zoned Community Business) • 23.4 % Multi family • 4.5% Residential The Kitts Corner RDF is situated within an easement on private property. The 68 acre-feet facility is located at the headwaters of the Main Branch West Hylebos Creek, a watercourse that provides spawning and rearing habitat for Chum, Coho, Chinook salmon as well as resident cutthroat trout. Flow from the RDF is characteristic of the quality of the stormwater in the selected drainage area. Preparation for Future, Long-term Monitoring City of Federal Way 48 December 10, 2010 Page 1 of 8 The site is currently equipped with automated stormwater monitoring (YSI® 600XL sonde) and flow monitoring (ISCOS 4150/4250 low profile area -velocity probe) equipment. Future modifications could allow flow -proportional stormwater monitoring. Currently, there are no known significant water quality concerns downstream of the Kitts Corner RDF. A future permit -required long-term water quality monitoring program would specify the list of stormwater contaminants to be sampled. HiLyh —Density Residential Land Use Sampling Location: Discharge from Club Palisades apartment complex See Map 2 A survey of potential locations in the city was conducted to determine the feasibility of establishing long-term stormwater monitoring which captures a majority percentage of stormwater from a high density residential land use area. Following the survey, a review of each location's practical limitations (size constraints, access, security, and structural configuration) was conducted. As a result, the Club Palisades apartment complex discharge site was selected as the best alternative. Flow from the apartment complex is characteristic of the quality of the stormwater in the selected drainage area. Stormwater exits the apartment property through an 18 inch CMP, and discharges into a 60" CMP stormwater trunk MS4 near the southeast corner of S. 272"d St. and Star Lake Road. Stormwater is conveyed from here to a wetland located in the City of Kent and ultimately into McSorley Creek which is tributary to Puget Sound. One hundred percent (100%) of the stormwater tributary to the Club Palisades sampling site is generated from the 19.6 acre -750 unit apartment complex. Currently, there are no known significant water quality concerns downstream of the Club Palisades apartment complex discharge point. A future permit -required long-term water quality monitoring program would specify the list of stormwater contaminants to be sampled. Industrial Land Use Sampling Location: South 356`" Street Regional Detention Facility (RDF) Outlet See Map 3 The South 356`h Street RDF drainage basin captures runoff from approximately 230 acres. The following is a breakdown of land use area by percentage: • 100% Industrial (zoned Commercial Enterprise) The South 356`h Street RDF is situated on city -owned property. The 21 acre-feet facility is located at the headwaters of the North Fork of the West Hylebos Creek, a watercourse that provides spawning and rearing habitat for Chum, Coho, Chinook salmon as well as resident cutthroat trout. Preparation for Future, Long-term Monitoring City of Federal Way 49 December 10, 2010 Page 2 of 8 Flow from the RDF may not be entirely characteristic of the quality of the stormwater in the selected drainage area due to the placement of a coalescing plate oil/water separator at the inlet. If this is considered a practical limitation, the sampling site may be moved upstream of the O/W separator. The site is currently equipped with automated stormwater monitoring (YSIO 600)CL sonde) and flow monitoring (ISCOO 4150/4250 low profile area -velocity probe) equipment. Future modifications could allow flow -proportional stormwater monitoring. Currently, there are no significant water quality concerns downstream of the Kitts Corner RDF. A future permit -required long-term water quality monitoring program would specify the list of stormwater contaminants to be sampled. S8.C.b. Stormwater Effectiveness Monitoring The City of Federal Way has selected the following two sites where water quality monitoring may be conducted to determine the effectiveness of the Stormwater Management Plan (SWMP) at controlling stormwater-related problems which are directly addressed by actions in the SWMP. South 356`" Street Regional Detention Facility (RDF) Outlet SWMP component affected.• S5.C.5, Pollution Prevention and Operation and Maintenance for Municipal Operations Statement of the Question: Will the planned South 356`h Street Regional Detention Facility (RDF) Retrofit project produce a measurable improvement in downstream water quality? Hypothesis: The South 356"' Street Regional Detention Facility (RDF) Retrofit project will improve water quality downstream in the North Fork West Hylebos Creek including temperature, turbidity, 13-1131, and excessive flows/ stream channel erosion. Description of the project: The proposed project, funded by the 2011 Department of Ecology Stormwater Retrofit and LID Grant Program, will involve the following: • Adjustment of model parameters to optimize pond design. • Development of improved conveyance outlet controls. • Construction of a deep water wet pool with sub -surface outlet to facilitate cold water releases. • Incorporation of additional capacity to improve flow control and add an additional level of spill control. How and why is this issue significant to the City of Federal Way and the community? Regional storage facilities are important part of the MS4 conveyance system. When operating properly, they help to control untreated stormwater (which may contribute elevated temperatures, toxic metals, organic compounds, and bacteria) from impacting aquatic habitat and downstream beneficial uses (beach closures for swimming and shellfish harvesting). Flow control also prevents stream bank erosion, downstream flooding and is a critical feature deployed during spill events. Federal agencies identified habitat loss from Stormwater runoff as one of the primary obstacles to salmon recovery, (Ecology, 2010). Preparation for Future, Long-term Monitoring City of Federal Way 50 December 10, 2010 Page 3 of 8 What tXpes owater quali sampling will provide answers regarding effectiveness? Water quality monitoring will be conducted at both the RDF outlet (stormwater) and at downstream North Fork West Hylebos Creek locations (receiving water) by Surface Water Management (SWM) staff. Temperature, turbidity and benthic macro invertebrates (B -IBI) will be monitored. • Temperature will be monitored at both the RDF outlet and at downstream locations utilizing continuous temperature monitoring thermistors contained in optical TidbiT StowAway Loggers ® and YSI ® 6 -series multi -parameter sondes. A sample collection, calibration, quality control and data management Quality Assurance Project Plan (QAPP) will be based upon a previously prepared document: Stormwater Temperature Monitoring, City of Federal Way, Washington, 2006. • Turbidity grab samples will be collected at both the RDF outlet and at downstream locations and analyzed with a HACH 21OOP Portable Turbidimeter that is periodically calibrated with StablCal Stabilized Formazin Standards. Measurement, data acquisition and quality control procedures will be developed. • Benthic macroinvertebrate field sampling procedures will be consistent with those of Fore et al., 1996 and Karr and Chu, 2001, modified per Chad Wiseman, Department of Ecology. Procedures will follow a previously prepared document: West Branch Hylebos Creek Restoration QAPP, City of Federal Way, Washington, 2003 How might the results of the monitoring be significant to other MS4s? The proposed monitoring may inform other MS4 permittees as to the effectiveness of a RDF retrofit with the same scope, size, and downstream water quality concerns. What are the expected modifications to management actions based upon the outcome of the hypothesis testing? In order to determine whether the selected SWMP component (S5.C.5, Pollution Prevention and Operation and Maintenance for Municipal Operations) is achieving the targeted environmental outcome, the SWMP may be adjusted. Although the project design has not commenced yet, features will be installed that will allow for the regulation of flow at the outlet. The results of the on-going monitoring effort (temperature, turbidity and B -IBI) at both the RDF outlet and at downstream locations can be used in the implementation of the RDF optimum management action (i.e. decrease flow rate) that is best protective of water quality. IDDE Compliance Sampline SWMP component affected: SS.C.3, Illicit Discharge Detection and Elimination Statement of the Question: Will water quality compliance sampling inform whether the selection of an Illicit Discharge Detection and Elimination (IDDE) compliance action is effective? Hypothesis: The effectiveness of the ongoing program to detect and address non-stormwater discharges, including spills, and illicit connections into the MS4 will be assessed through the implementation of a water quality compliance sampling program. Description of the program: Once an IDDE compliance investigation is initiated (based upon complaints, reports or monitoring information that indicates a potential illicit discharge, including spills), Surface Water Management (SWM) will collect confirmatory water samples (if possible) at Preparation for Future, Long-term Monitoring City of Federal Way 51 December 10, 2010 Page 4 of 8 the time of discovery, or shortly thereafter. These initial samples will be used as a pre -enforcement baseline. Sampling will then be repeated following the completion of prohibited discharge corrective actions pursuant to enforcement prescribed by FWRC, Title 16, Surface Water Management. How and why is this issue significant to the City of Federal Way and the community? Prohibited stormwater discharges occur for various reasons, including but not limited to: illicit discharges, illicit connections, illegal dumping, equipment malfunctions, and operating accidents. These incidents may result in contamination of private or public property that causes harm to public health, as well as natural, cultural and economic resources. Illicit discharges into MS4s can often include wastes and wastewater from non -storm water sources which can enter the system through various means. This results in untreated discharges that contribute to high levels of pollutants including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria. What types of water guality sampling will provide answers regarding effectiveness? The following lists some of the most common types of water quality problems caused by prohibited stormwater discharges: • Sewage flows produced from sewer pipes and septic systems. • Wash wastewater flows generated from a wide variety of activities and operations. Examples include discharges of gray water from private property and commercial sites. • Liquid waste discharges such as oils, paints and process wastewaters that enter the storm drain system from spill events, illicit discharges or illegal dumping activity. SWM will utilize various indicator parameters and analytical methods that are simple, cost effective, and safe. The exact combination of indicator parameters and methods selected will be unique for each prohibited discharge investigation. How might the results of the monitoring be significant to other MS4s? The proposed monitoring may inform other MS4 permittees as to the effectiveness of various prohibited discharge enforcement options, and the selection of appropriate BMPs to control and/or eliminate stormwater pollution. What are the expected modifications to management actions based upon the outcome of the hypothesis testing? In order to determine whether the selected SWMP component (S5.C.3, Illicit Discharge Detection and Elimination) is achieving the targeted environmental outcome, the SWMP may be adjusted. Water quality sampling results may inform the proper selection of enforcement actions that are most effective. These include: Stormwater Quality Inspection Notices;_Informal IDDE Enforcement Actions (i.e. Water Quality Warning Letters); Stormwater Discharge Voluntary Correction Agreements; and Notices of Violation and Order to Correct and Order to Cease Activity. Preparation for Future, Long-term Monitoring City of Federal Way 52 December 10, 2010 Page 5 of 8 Map 1 Commercial Land Use Kitts Corner Regional Detention Facility (RDF) Outlet Preparation for Future, Long-term Monitoring City of Federal Way 53 December 10, 2010 Page 6 of 8 Map 2 High —Density Residential Land Use Discharge from Club Palisades Apartment Complex r Preparation for Future, Long-term Monitoring City of Federal Way 54 December 10, 2010 Page 7 of 8 Map 3 Industrial Land Use Preparation for Future, Long-term Monitoring City of Federal Way 55 December 10, 2010 Page 8 of 8 Low Impact Development Implementation Report City of Federal Way February 10, 2011 The February 2, 2009 Pollution Control Hearings Board (PCHB) ruling on an appeal of the Phase II Municipal Stormwater Permit required that Ecology begin to prepare Western Washington Phase II permittees for future implementation of Low Impact Development (LID). On June 17, 2009 Ecology modified the Phase II Western Washington permit conditions to add reporting requirements on advancing the use of low impact development practices in new development and redevelopment. Special condition S9.E.4 of the modified permit requires the permittee to submit with the Annual Report information that includes: ■ A Summary of Identified Barriers to the use of Low Impact Development (LID) within the area covered by the permit and measures to address the barriers. ■ A Report Describing: • LID practices that are currently available and that can reasonably be implemented within this permit term. • Potential or planned non-structural actions and LID techniques to prevent stormwater impacts. • Goals and metrics to identify, promote, and measure LID use. • Potential or planned schedules for the Permittee to require and implement the non-structural and LID techniques on a broader scale in the future. In October 2009, Ecology convened a stakeholder advisory process to provide input on LID requirements that are expected to be incorporated into the next permit cycle. The stakeholder committee worked closely with Ecology to define the scope of low impact development techniques, criteria for determining the feasibility of LID techniques, performance standards, and a timeline for future implementation. At the final meeting of the LID advisory process on August 12, 2010, Ecology presented a draft LID proposal outline. The process of permit reissuance includes a number of opportunities for public input. Ecology plans to issue a draft permit in Spring of 2011 for public review and comment and over a two year review process, will make final decisions on LID permit requirements. The following report produced by the City of Federal Way is intended to provide Ecology with additional input and to better prepare the City to implement LID requirements that are expected in the upcoming permit cycle. Please note that listing an action in this report does not constitute a commitment to implement suggested changes. Federal Way intends to wait for further direction from the Department of Ecology for specific implementation and deadline requirements. LID Implementation Report City of Federal Way January 24, 2011 Page 1 of 6 56 Section 1. Identified Barriers and Measures to Address Them The Federal Way Municipal Code is already very compatible with low impact development concepts and principles and does not pose any clear impediments to its implementation. For the purpose of this exercise, specific sections of code have been identified that pose opportunities to further incorporate and encourage the use of LID: 1.1 Federal Way Fire Code Chanter 5: Section- 5-34 In the fire code, two LID -related issues arise relate to road surfaces and road width. Roads and parking areas are the largest contributors of imperviousness in most developed areas. LID emphasizes minimizing impervious surface coverage. This can be achieved through narrower roadways and incorporation of pervious paving materials. There is no language in the Federal Way fire code that specifically precludes use of pervious surfaces along emergency access routes. Code language could be developed that encourages pervious pavements that also address the need for these surfaces to be capable of supporting emergency equipment. The specifications for dimensions of the fire apparatus road require an unobstructed width of no less than 20 feet. The City offers some flexibility allowing more narrow driveways and fewer turn around areas on driveways where structures are sprinklered or other fire suppression techniques are employed. In the section of Code addressing smoke and heat vents there may be a perception of potential conflict when vegetated roofs are incorporated. It may be helpful to supply recommendations for vegetated roof use that accommodate smoke and heat vent requirements. 1.2 Federal Way Subdivisions Design Criteria & ImDrovements — Chanter 20. Article III & IV. - Reducing impervious surface coverage in site development is one important component of LID design. The LID Technical Guidance Manual for Puget Sound identifies LID as a stormwater management strategy that emphasizes conservation and use of natural site features with distributed, small-scale stormwater controls to more closely mimic hydrologic patterns in residential, commercial, and industrial settings. The City does have a current policy to not allow LID in the public rights of ways due to insufficient information regarding performance and future maintenance requirements. Federal Way's Subdivision Design Criteria (Article III) and Improvements (Article IV) are already LID compatible, with provisions for cluster subdivisions, the conservation of open space, natural vegetation retention, identification and protection of significant trees, as well as the use of bioretention swales for storm drainage. LID Implementation Report City of Federal Way January 24, 2011 57 Page 2 of 6 This section of the code contains a few areas where existing standards could be adjusted to further encourage the use of LID practices. The amount of open space required in subdivisions could potentially be increased from the current standard of 15 percent of the gross land area. Under the "Landscaping protection and enhancement" (section 20-186), further language could be added encouraging the preservation of existing trees on the site whenever feasible, as well as planting new trees and shrubs of a native character. The inclusion of a selected native trees and plant list could also be beneficial. In regards to storm drainage (Section 20-183), additional criteria for the design of stormwater facilities which incorporate LID techniques could be established. 1.3 Federal Way Zoning — Chapter 22 Article XI —Land Use Charts.- As harts: As noted above, reducing impervious surface coverage in site development is one important component of LID design. Some zones within the City, including the Professional Office (PO zone), Neighborhood Business (BN), Community Business (BC), City -Center Core (CC -C), City Center and the Office Park (OP) zone have no maximum lot coverage requirement. The City may consider setting some maximum lot coverage standards by zone to minimize impervious surfaces while still allowing for the type of vertical development that Federal Way is pursuing for its Downtown Core. Article Xis— Off -Street Parkin In many communities, parking lots are second only to roads as a source of impervious surface coverage. Reducing impervious surfaces associated with parking can be achieved in a variety of ways such as: ■ Reduce the minimum number of parking stalls ■ Specify a maximum number of parking stalls ■ Reduce parking space dimensions and circulation corridors and/or provide for higher percentage of compact stalls ■ Limit the amount of impervious surface coverage and provide direction for the use of pervious pavement and other materials Reducing the effective impervious surface area of parking is equally important, and can be mitigated by interrupting massive sheet run-off through landscaping and planting islands. Originally, the main purpose behind most planting islands was aesthetic. However, slight modifications to planting details and plant selection can allow planting islands to fulfill stormwater functions as well as provide an aesthetic benefit. It would be beneficial to add provisions to the code that directly address reducing the amount of impervious surfaces in parking lots as well as provisions for the use of pervious paving. These code revisions could include detail drawings for LID parking lot design, and refer to the landscaping and stormwater drainage details, so that the incorporation of LID is consistent throughout various sections of the City Code. LID Implementation Report City of Federal Way January 24, 2011 58 Page 3 of 6 Article XVI — Improvements: With respect to road sections and other improvements described in Article XVI, the primary obstacles to LID are that the City's requirements call for all curbs to be vertical, except for areas located in the low and medium density single-family residential comprehensive plan designation or temporary improvements. Curb and gutter requirements in street construction can limit opportunities for LID stormwater management techniques such as roadside bioretention swales. The City may want to allow alternative cross-sections that reflect the following LID road design principles: Roads that are canted or pitched to a bioretention swale Curbs and gutters with "breaks" to allow surface water to enter the bioretention facility Sections consistent with manufacturer recommendations for alternative surfacing materials for sidewalks, parking, and vehicular travel. Article XVII — Landscavin2: The City's landscape code has provisions for native tree retention, encouraging the use of native Pacific northwest and drought -tolerant plant materials, inclusion of bioretention swales and other surface water/water quality structures incorporated into landscape areas, mulching standards, the protection of significant trees and flexibility for creative design through modification options (Section 22-1570). The City's current tree retention standards establish general percentages for the amount of significant trees to be retained on the property, in addition to a replacement rate. The City has further detail in the code that introduces the concept of "Tree Canopy Cover" which enhances the existing significant tree retention requirements by establishing a system of tree unit credit requirements. There are only a few areas where LID practices could be encouraged further. Landscaping and the retention of native vegetation are two LID tools that can play a key role in reducing stormwater runoff, providing ecological habitat, and preserving natural drainage patterns. The City could also consider adding low Impact incentives to the code offering an increase in the spacing of trees and shrubs and groundcover in exchange for implementing low impact practices and techniques. The inclusion of an appendix with detailed descriptions of species native to the Pacific Northwest would also be helpful in this section. LID Implementation Report City of Federal Way January 24, 2011 Page 4 of 6 59 Section 2. LID Practices, Goals, Planned Actions and Timelines 2.1 LID Practices Currently Available Federal Way has effectively removed all barriers that would prevent the use of LID for new development and redevelopment in the City and offers the use of LID techniques on a voluntary basis. The City has adopted as guidance, the latest version of the Low Impact Development Technical Guidance Manual for Puget Sound and allows the use of BMPs from this manual to meet identified pollutant removal goals and flow control performance standards with approval. Specifically, the City encourages the use of the following LID practices when conditions make it a feasible option: The use of LID alternatives, such as permeable surfacing and on-site stormwater management facilities are encouraged. Developments are encouraged to use parking lot landscaping as on-site stormwater infiltration facilities. Pervious paving techniques may be used on private roads where feasible. City code also contains provisions for cluster subdivisions, the conservation of open space, natural vegetation retention, protection of significant trees, as well as the use of bioretention swales for stormwater drainage. 2.2 Potential Non -Structural Actions and LID Techniques Low Impact Development principles and applications present a significant conceptual shift in stormwater management. Conventional tools to manage stormwater emphasize collection and conveyance of stormwater while LID is a strategy that emphasizes conservation and use of existing features to mimic natural hydrology. In order to fully embrace the shift to LID stormwater management, changes may be necessary within the City's comprehensive plan or other land use policies in order to reflect this new vision. In the future, the City may consider adopting additional policies to further advance the implementation of LID practices such as: ■ Developing an incentive -based program to promote the use of LID ■ Increasing flexibility to allow for more experimental designs ■ Impervious surface limits ■ Allowing for alternative building designs to reduce footprint and disturbed areas ■ Changes to Site planning and layout that takes advantage of natural features ■ Programs to encourage Infill and redevelopment to reduce creation of new impervious surfaces Section 3. Goals and Metrics to Identify, Promote, and Measure LID Use LID Implementation Report City of Federal Way January 24, 2011 Page 5 of 6 60 Ecology recommends that permittees provide indicators of progress in implementing LID techniques identified in this report. Permittees should identify goals for expanding the use of LID and establish methods for achieving these goals. As we wait for Ecology to develop the anticipated LID requirements for the next permit, the City of Federal Way plans to focus on expanding staff training and public education as a means to further prepare for LID implementation. Staff Training -adequate training is necessary for planning department counter staff, permit reviewers, inspectors, staff performing code enforcement, and also those involved in maintenance activities in order to provide guidance, review permit applications, and inspect LID facilities. There will be various levels of training which may include participation in a certification program, in-person training or tutorials available on the web. It may be necessary to prioritize workload internally to increase staff availability to work on implementing future changes to code and regulations for LID. Developers- Developers that are more knowledgeable in LID will produce better products for review (during permit review process). City staff will provide brochures, pamphlets, and mailings illustrating the benefits provided by LID, the uses of LID, and the types of LID techniques available. Elected Officials and the Public- There is a need to increase acceptance and understanding of Low Impact Development within upper management, among elected officials and within the community in general. Because LID is a relatively new concept, there is a general perception that LID is not proven and that the technology is untested. It would be beneficial to highlight local LID projects that have been successful and encourage people to visit various demonstration LID projects in the region. Regional Collaboration -Collaboration and sharing of information among local municipalities would be very beneficial. The City of Federal Way will support and participate in local forums where permittees can share strategies for successfully implementing LID and share LID accomplishments and lessons teamed. Section 4 Timeline to Implement LID Techniques on a Broader Scale in the Future The City anticipates that Ecology will outline very specific deadlines for implementation of LID requirements in the next permit cycle. At this point in time it is difficult to generate an implementation schedule before knowing what changes will be necessary within the City's codes, development standards, comprehensive plan, and other policies in order to meet future NPDES permit requirements. The City intends to comply with deadlines in the next permit that Ecology determines feasible. LID Implementation Report City of Federal Way January 24, 2011 Page 6 of 6 61 SUBJECT: Department of Ecology (DOE) Freshwater Algae Grant Acceptance POLICY QUESTION: Should Council accept the DOE Freshwater Algae Grant ($33,517.50) and authorize SWM to transfer matching funds from unallocated in the amount of $11,172.50 into Operations? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P.E., Surface Water DEPT: Public Works Attachment: Memorandum to the Land Use and Transportation Committee dated March 7, 201 L Options Considered: 1 Authorize the Mayor to accept the DOE Freshwater Algae Grant ($33,517.50) and to transfer matching funds from unallocated in the amount of $11,172.50 into Operations. 2 Do not authorize the Mayor to accept the DOE grant and provide staff direction. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval MAYOR APPROVAL: t DIRECTOR APPROVAL: V� Conurfittee Council Committee Council COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to accept the DOE Freshwater Algae Grant ($33,517.50) and to transfer matching funds from unallocated in the amount of $11,172.50 into Operations. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 62 CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Managemeilr William Appleton, P.E., Surface Water Manager SUBJECT: Freshwater Algae Control Program Grant Acceptance BACKGROUND' Lakes within Federal Way are sensitive to excessive nutrient loadings due to their urbanized setting. Additionally the lakes are relatively shallow. These conditions combine to favor algal bloom formation. Due to an increase in Federal Way lake algae bloom -related incidents in recent years, Surface Water Management (SWM) applied for funding last fall through the Department of Ecology (Ecology) Freshwater Algae Control Program (FACP). On February 7, 2011, SWM received an offer letter from Ecology to fund SWM's proposed Federal Way Lake Algae Project. The four-year project covers algae monitoring and outreach efforts involving nine public and private lakes in Federal Way. Elements include: response to bloom reports, early detection investigations, water quality sampling, sample delivery/analyses, public notification, data collection, reporting, and community outreach. The Federal Way Lake Algae Project will identify problematic conditions occurring in City of Federal Way freshwater lakes that contribute to algal bloom formation. Most importantly, it will reduce public health threats and assist in the development of long-term nutrient reduction solutions. Additionally, the project will complement the following on-going surface water quality programs and public outreach efforts: the Steel Lake Management District, the North Lake Management District, the Dumas Bay Saltwater Algae Management/Research grant, and the Municipal Phase II Stormwater Permit. The FACP grant requires a 25% match, which will be obtained from unallocated SWM funds. The total amount being proposed for this program is $44,690.00, of which $11,172.50 would be SWM matching funds. This amount has been included in the 2011-2012 SWM Budget as a new program proposal. Staff is requesting that the Mayor sign the Federal Way Lake Algae Project Grant Agreement between the City of Federal Way and Washington State Department of Ecology. 63 FRESHWATER ALGAE CONTROL PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF FEDERAL WAY THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology [DEPARTMENT] and the City of Federal Way [RECIPIENT]. The purpose of this agreement is to provide funds to the RECIPIENT to carry out the activities described herein. PART I. GENERAL INFORMATION Project Title: Federal Way Grant Number: A. RECIPIENT Information RECIPIENT Name and Address City of FederalW; PO Box 9718 Federal Way, WA 8 .com Dan Smith (253) 835-2756 (253) 835-2709 daniel.smithC&,cityoffederalway.com 91-1462550 DEPARTMENT Address- Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 DEPARTMENT Project Manager: Telephone Number: Fax Number: E-mail Address: Melanie Tyler (360) 407-7489 (360) 407-7151 mety461 na,ecy.wa.gov DEPARTMENT Funding Source: Freshwater Algae Control Program 64 Federal Way Lake Algae Project City of Federal Way FACP Grant No. DEPARTMENT Share: RECIPIENT Share: Total PROJECT Cost: DEPARTMENT Maximum Percentage: $33,517.50 $11,172.50 $44,690.00 75 percent The effective date of this grant agreement is (indicate the date the prior Guth, identified in the prior authorization letter), according to a prior, -authorization DEPARTMENT for this grant, which is incorporated by reference. Any wo the effective date of this agreement will be at the sole expense and risk of th+ Eligible costs incurred during the prior authorization,period cannot exceed a Costs exceeding this amount will also be at the sole expense and risk of the ,rization began as letter issued by the k performed prior to The effective date of this agreement will be the date this agreement is signed by the DEPARTMENT's Water Quality Program Maiiager but no earlier than July 1, 2011. Any work performed prior to the effective date of this agreeni will be at the sole expense and risk of the RECIPIENT. This agreement will expire no PART H. POS The RECIPIENT agrees to sub: algae control' outcomes:and the years after project completzda . The DEPARTMENT's Watf RECIPIENT before the Post June 30, 2014. a brief'survey "regarding the key project results or freshwater '.Vs of environmental results or goals from the project three iality Program Performance Measures Lead will contact the ect Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, a,art of this assessment. Post Project Assessment Date: June 30, 2017 Freshwater algae control project outcomes to be evaluated at the Post Assessment include: • Development of procedures for algal bloom complaint response, incident tracking, and the management of the associated public health issues for these lakes: Steel Lake, North Lake, Twin Lakes (Lake Lorene and Lake Jeane), Mirror Lake, Fisher's Bog, Easter Lake, French Lake, and Brooklake. Page of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. PART III. PROJECT DESCRIPTION The project will involve the implementation of a comprehensive freshwater lake algae bloom management program in the City of Federal Way. Efforts will include a refinement of Surface Water Management (SWM) activities that will include: response to public reports/complaints, field evaluations, site inspections, water quality sampling, sample delivery/analyses, public notifications, data reporting, and community outreach. PART IV. PROJECT BUDGET Project Title: Federal WayLake Algae Project TASKS TOTAL ELIGIBLE _ COST` TEC FY2011 FY2012 ' FY2 3, FY2014 Totals Task 1. Project Management $103.11 $515.63 X515.63 $515.63 $1,650.00 Task 2. Algal Bloom Inspections, Investigations and Response $312.50,, $1,562.50 $;562.50 $1,562.50 $5,000.00 Task 3. Sampling and Analysis $563.75 "$2,818.355', ,,,$2,818.75 $2,818.75 $9,020.00 Task 4. Data Reporting and Public Notifications X270.00 $1;350.00 $1,350.00 $1,350.00 $4,320.00 Task 5. French Lake Maintenance $1,543.75 $7,718.75 $7,718.75 $7,718.75 $24,700.00 Total*; ,,52;73�1.�$196.63 $13,965.63 $13,965.63 $44,690.00 * The DEPARTMENT's Fiscal f ce will track'to the Total Eligible Project Cost. MATCHING REQITY, TMEN DEPA9TMENT Share (7 5,,, of TEC ,. $33,517.50 RECIPIENT Share (25 % cif SEC) Eligible costs may consist of any combination of Cash, Interlocal, or In-kind contributions. $11,172.50 Adjustments to budget numbers between fiscal years must be approved by Ecology's project manacer and are subieet_tti funding availability. 1. Payment Request Submittals: Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Project Manager. The DEPARTMENT'S Project Manager may require the RECIPIENT -to submit regular payment requests to ensure efficient and timely use of funds. 2. Payment Schedule: Payments will be made on a cost reimbursable basis. Page � of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. PART V. SCOPE OF WORK Task 1. Proiect Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements of property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT will manage the project. Efforts will inolude'conducting, coordinating, and scheduling of project activities, and assuring quality control: The RECIPIENT will make every effort to maintain effective communication with the kKIPIENT's designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and any interested individuals or groups. The RECIPIENT will carry out this project in accordance with any completion dates outH4 in this Agreement. C. The RECIPIENT will submit all invoice vouchers, cor respondence, and project documents, to the DEPARTMENT Project Manager. Invoice voucher submittals will include a state of Washington Invoice Voucher Form A19 -IA, the appropriate B and C forms as described in the current editionof Administrative,I cqt rements for Ecology Grants and Loans, and Form D (when applicable), Copies 4,911 applicable forms will be included with an original A19 -IA form, and will be submitted to the DEPARTMENT. Blank forms are found in the current edition of Administrative Requirements for Ecology ns Grants and Loa -or electronic forms can be obtainedfrom the Project Manager. to the MS:Finan P.O. BOX � Federal W D. The REC? quantities identified: • Draft project completion reports — electronic copy • Final project completion reports — electronic copy and five hard copies The RECIPIENT will submit two copies of any document(s) that require DEPARTMENT approval. Required Performance: 1. Effective administration and management of this grant project. Pagc. 4 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. 2. Maintenance of all project records. 3. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. Task 2 — Algal Bloom Inspections, Investigations, and Response (Total Cost: $5,000.00) A. Pursuant to reports received by the RECIPIENT from residents or city staff, the RECIPIENT will conduct initial inspections at the target site(s). Follow up efforts may include more detailed surface water investigations and responses designed to protect public health or aquatic resources. The RECIPIENT will focus efforts on City of Federal Way lakes, including but not limited to: Steel Lake, Norm Lake Lake Lorene, Lake Jeanne, Mirror Lake, Fisher's Bog, Easter Lake, French Lake dndBrooklake. Required Performance 1. Receive citizen/staff reports and 2. Travel to site and inspect water c 3. Conduct initial investigation. 4. Determine appropriate response (i.e. inspection as needed. Task 3 — Sampling and Analysis (Total Cost: $9,020.00) A. If the initial investigation (Task 2) ind RECIPIENT will collect water quality and conduct follow-up gae bloom is present, the [ENT will deliver samples to either the Ecology freshwater algal identification and" oxicity-testing service (King County Environmental Labor to a private laboratory (Water Management Laboratories, Tacoma) dependi:iig on speck considerations. These considerations may include: (1) the need for specific analytical Vii -around times due to scheduled events that use the water bodies (i.e tnathlon),�,Q) more ratl id turn -around in anticipation of holidays or when weekend' analysis is preferred, and (3) when specific type of reporting result details are desired (i.e. spe6 densities,�ersus more general present/dominant/subdominant 1. Sample collection at targeted sites. 2. Saniple delivery to selected laboratory. 3. Analytical f'ee and report. (Total Cost: $4,320.00) A. After receiving the laboratory reports, the RECIPIENT will conduct a review of the data and provide the necessary public notification and consultation to affected staff, lake groups, associations, and the general public. The RECIPIENT will use known contact information for electronic notifications through mechanisms such as subscribe or email. The RECIPIENT will provide on-site public notification by physically posting signs as - needed. Page 9 of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. Required Performance 1. Data review. 2. Consultation with City staff, HOAs, lake groups, private residents. 3. Electronic notifications as needed. 4. Posting signs as needed. Task 5 — French Lake Maintenance (Total Cost $24,700.00) A. The RECIPIENT will continue to implement an aggressive and proactive maintenance program for the French Lake dog park pond. The program will include weekly inspections and water quality enhancements to ensure, when possible, a safe environment for park users that choose to use the pond for their pet's recreati6n.. Required Performance 1. Provide necessary pond maintenance including periodic inspecticins, documentation of conditions, and implementation of maintenance activities designed to improve water quality. VI. SPECIAL TERMS AND CONDITIONS A. Equipment Purchase. The following 'e`qWlipment will be elig nlefior purchase through this project: (Identify specific equipment). The total cost of all equipment purchased under this project will not exceed $ , unless authorized in writing by the Project Manager. At project completion all;purchased equipment will be retained by the RECIPIENT for continuing the freshwater algae control objectives for which the equipment was purchased. B. Indirect Rate. The REGIPIENT`may,Gharge an indirect rate of up to 25 percent based on employee's, di rect salary ' d benefit costs incurred while conducting project -related dirk. The DEPARTMENT'S Financial Manager may require a list of items included in the indirect rate at anv time. C. Property and, services donated by organizations or individuals to accomplish grant requirements ray be used as in-kind match. Donated property and services must comply with the DEPATMENT's current edition of Administrative Requirements for Ecology Grants and Loans and the Freshwater Algae Control Program Grant Guidelines (http://w-ww.ecy.wa.govibiblio/0710076.html). Documentation will be maintained by the RECIPIENT for all donated property and services and made available for review by the DEPARTMENT on request. Interlocal Match. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: Page6d of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. 1. Terms of this grant agreement 2. The edition of Administrative Requirements for Ecology Grants and Loans that is effective at the signing of this agreement. 3. Chapter 39.34 RCW Interlocal Cooperation Act All negotiated interlocal agreements will be consistent with the terms of this grant Agreement, the DEPARTMENT's current edition (at the signing of this agreement) of Administrative Requirements for Ecology Grants and Loans and Chapter 39.34 RCW Interlocal Cooperation Act. Upon request, the RECIPIENT wli submit a copy of the final negotiated interlocal agreement(s) to the DEPARTMENT's Project Manager. D. Meetin Light Refreshments. The RECIPIENT may sp `end up to $50 per meeting for light refreshments associated with this project. The total ,,amount spent for light refreshments under this agreement cannot exceed $250`unless authori2ed in writing by the Project Manager. E. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owried' (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot M/WBE participation is encouraged, bidders or persons possible, in anypr 1. Include qua 2. Assure that quantities, to de based on MBE or WBE participation. ler, ,and"the RECIPIENT and all prospective should take the following steps, when initiated after the effective date of this agreement: i and women's businesses on solicitation lists. arty and women's businesses are solicited whenever they Tvices or supplies. nts, when economically feasible, into smaller tasks or mum participation by qualified minority and women's 4. Establish delivery'schedules, where work requirements permit, which will encourage paeij ation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprisesf(OMWBE) and the Office of Minority Business Enterprises of the U.S. Department"',cif`Commerce, as appropriate. The RECIPIENT will report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: 1. Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. Page,y of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. F. Procurement. The RECIPIENT may elect to use its own forces or may contract for professional services necessary to perform and complete project related work. The RECIPIENT will ensure that this project is completed according to the details of this agreement. By signing this agreement, the RECIPIENT certifies that all applicable requirements have been satisfied in the procurement of any professional services. Upon request, the RECIPIENT will submit a copy of the final negotiated agreement(s) to the DEPARTMENT's Project Manager_ G. Progress Reports. The RECIPIENT will submit semi-annual Progress Reports to the DEPARTMENT's Project Manager. Progress Reports for January 1 through June 30 are due July 15. Progress Reports for July 1 through December 31;are due January 15. Payment requests will not be processed if the required Progress Reports have not been submitted by the RECIPIENT. H. Time for Performance. In the event that the RECIPIENT fails to commence work on the PROJECT within four months after the effective date of this agreement, the DEPARTMENT reserves the right to terminate this agreement. PagJ� of 9 Federal Way Lake Algae Project City of Federal Way FACP Grant No. VII. ALL WRITINGS CONTAINED HEREIN This Agreement, the appended General Terms and Conditions, the DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans, and the Freshwater Algae Control Program Grant Guidelines contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this Agreement, EXCEPT, that in response to a request from the RECIPIENT; the DEPARTMENT may change the grant expirat ©n date. The DEPARTMENT or RECIPIENT may change their respective staff cctacts without the concurrence of either party. IN WITNESS WHEREOF, the parties sign this STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OF KELLY SUSEWIND, P.E., P.G. DATE . _ SKIP PRIEST DATE WATER QUALITY PROGRAM MANAGER _11A YOR APF AS' Page q of 9 COUNCIL MEETING DATE: March 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2012 King County Conservation Futures Grant. POLICY QUESTION: Should Council authorize staff to apply for 2012 King County Conservation Futures grant funding in the amount of $400,000 for the Hylebos Creek Project, add additional target properties to the project scope and transfer matching funds from SWM unallocated upon grant award? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ,,/,.—❑ Other STAFF REPORT BY: William Appleton, P.E. Surface Water Mana e4 DEPT• Public Works ..............................._....-.......................__............................._-.....-._...................................pP . ... ._....._--._........._........................_........................................_.._.._...�............_.-._........._._.......................... _....._._._.._.__..._....._.._....._......... -- ---- ------ ---- Attachment: Memorandum to the Land Use and Transportation Committee dated March 7, 2011. Options Considered: 1 Authorize staff to apply for 2012 King County Conservation Futures grant funding in the amount of $400,000 for the Hylebos Creek Project, add additional target properties to the project scope and transfer matching funds from SWM unallocated upon grant award. 2 Authorize staff to apply for King County Conservation Futures grant funding in the amount of $400,000 for the Hylebos Creek Project and transfer matching funds from SWM unallocated upon grant award 3. Do not authorize staff to pursue King County Conservation_ Futures grant funding. — _ ........ ....... ......... ... ...... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the March 15, 2011 City Council consent agenda for approval MAYOR APPROVAL: Zu� DIRECTOR APPROVAL: 64� Committee Council Committee Council COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to apply for 2012 King County Conservation Futures grant funding in the amount of $400, 000 for the Hylebos Creek Project, add additional target properties to the project scope and transfer matching funds from SWM unallocated upon grant award. " (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 — 08/12/2010 73 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 24, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor A"IN FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management William Appleton, P.E., Surface Water Manager SUBJECT: 2012 King County Conservation Futures Grant BACKGROUND: King County Conservation Futures tax levy ("CFT") funds are available for 2012 to fund the purchase of public open space land. SWM has been successful in obtaining funding from this grant source in the past to purchase conservation properties described in the Hylebos Creek Project. The recent acquisition of the Enticknap property and the high likelihood of the purchase of the Bridges property in 2011 has obligated all of the current grant funding. Properties identified for acquisition under the Hylebos Creek Project (excluding the Bridges property) that have not yet been purchased include the Barovic Property (11.2 acres), the Snyder Property (6.9 acres) and the Castellar Property (4.6 acres). Staff has also identified one additional conservation property, Gowers (1.9 acres) and three conservation easements, Carlson, Ostrum and Harms that all have high conservation value and are critical with respect to conservation property connectivity and a future trail system. A map showing the remaining and newly proposed target properties is attached. Staff is requesting authorization to apply for additional grant funding in the amount of $400,000 through the King County Conservation Futures Grant in order to pursue the acquisition of those remaining properties identified as part of the Hylebos Creek Project, in addition to the four new target properties (Gowers, Carlson, Ostrum and Harms) shown on the attached map. Matching funds for the grant are available within the utility's unallocated reserves. The total amount required for matching is $400,000. 74 MapDate; February 2010. City of 2011 West Hylebos Ctyloion Date: MarfF deral Waydi2011 33325 8th Ave S Federal Way Property Aquisitions (Federal Way, P)(253 835--7 00 8003 (W) www.cityoffederalway.com i' ersalo 6090 926480 pi /4,K .� ,• 1202104 9126 y ` - _ _l 0050 ��ULL34X^I Q S4 a Q r'tL s X48 ST m2� oa sz647o F � 247 PL 0110 `" 1 a .. 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City of Federal Way r S 2 ° Other Federal Way Agency Properties �'' Federal Way School District S 376 ST .i <��_ Lakehaven Utility District Sound Transit �` South King County Fire and Rescue x + Tracts/Private Open Space a t f King County Properties 01 Jo ! 0 King County -Other King County - Park and Ride •S� �T 3221049134 _ �z OH Sc�1vo NEi 1° Other King County District Properties & ! y . King County - Housing Authority QKing County - Library System Iy� State of Washington Properties 1 State of Washington Properties United States Government Properties y` 11421314130; _ united States Government 7 9A ail 1 inch = 850 feet 0 425 850 (n 1!TT!6iiiia Feet N This map is intended for use as a graphical representation only The City of Federal Way makes no warranty as to its accuracy Federal Way COUNCIL MEETING DATE: March 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 201h Ave — S 316" St to S 314th St. Frontage Improvement Project - 85% Design Approval & Authorization to Bid POLICY QUESTION: Should the Council authorize staff to advertise the 2e Ave — S 316th St to S 314th St Project and return to the LUTC and Council for bid award and further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ -Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Directo EPT: Public Works Attachment: Memorandum to the Land Use and Transportation Committee dated March 7, 201 L Options Considered: 1. Authorize staff to bid the 20th Ave — S 316th St to S 314th St Project and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council consent agenda for approval MAYOR APPROVAL: y ,<' ( DIRECTOR APPROVAL: 'Comihittee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 15, 2011 consent agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I mbve to authorize staff to bid the 20`h Ave — S 316th St to S 314`h St. Project and return to the L UTC Committee to award the project to the lowest responsive, responsible bidder. " (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 — 08/12/2010 RESOLUTION # 76 CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management 9440"\ John Mulkey, P. E., Street Systems Project Engineer 5�Inn SUBJECT: 201h Ave — S 316th St to S 314th St. Frontage Improvement Project -85% Design Approval & Authorization to Bid BACKGROUND: The proposed project is for the design and Implementations of the frontage improvement of 20th Avenue South from S 316th Street to S 314th Street in front of the new Civic Center (Old Toys R Us site). The proposed frontage will consist of replacing the existing 5 foot side walks with the City Center standard of 12 foot sidewalks, street trees and decorative street lights. PROJECT EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the 85% design estimate: Street Lighting Material cost Year 2011 Construction 10% Construction Contingency Project Bidding $37,000 (Due to late delivery schedule of the street light pole and fixtures the materials were pre ordered for delivery in mid June) $155,000 $15,550 2,000 TOTAL PROJECT COSTS $209,500 (In house design and construction management cost is estimated at $35,000 which is not included in the project budget) AVAILABLE FUNDING: Total Grant Funding $100,000 (Grant from Department of Commerce) Budgeted City Fund (Civic Center) 114,000 TOTAL AVAILABLE BUDGET $214,000 PROJECT BUDGET BALANCE $4,500 77 SUBJECT: I-5 South 320th Street Southbound Off Ramp Local Agency Agreement for Construction Management POLICY QUESTION: Should the City Council authorize the Mayor to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to perform the construction management of the I-5 South 320th Street Southbound Off Ramp improvements and be reimbursed by the City? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ — Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Directoi�DEPT: Public Works 1.Attachments: Memorandum to Land Use and Transportation Committee dated March 7, 2011. Options Considered: Authorize the Mayor to sign the attached Local Agency Agreement in the amount of $472,530.00 with WSDOT which will allow WSDOT to perform the construction management of the I-5 South 320th Street Southbound Off Ramp improvements and be reimbursed by the City. 2. Do not authorize the Mayor to sign the attached Local Agency Agreement in the amount of $472,530.00 with WSDOT which will allow WSDOT to perform the construction management of I-5 South 3200h Street Southbound Off Ramp improvements and be reimbursed by the City and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 15, 2010 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: 1' L- - / , Coffunface Council Conunittee Council COMMITTEE RECOMMENDATION: Place Option 1 on the March 15, 2011 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to perform the construction management of the I-5 South 320'h Street Southbound Off Ramp improvements and be reimbursed by the City. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 78 CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works anA Emergency Management Brian Roberts, P.E., Street Systems Project Engineer, SUBJECT: 1-5 South 320 Street Southbound Off Ramp Local Agency Agreement for Construction Management BACKGROUND: The City has requested the Washington State Department of Transportation (WSDOT) to perform the construction management of the I-5 South 320'h Street Southbound Off Ramp Project since this project is located within the limited access area of 1-5 and under the jurisdiction of WSDOT. Council must authorize staff to enter into the attached Local Agency Agreement in the amount of $472,530.00 with WSDOT in order for WSDOT to proceed with the work. cc: Project File Day File 79 CONSTRUCTION ADMINISTRATION BY STATE — ACTUAL COST LOCAL AGENCY ADVERTISEMENT & AWARD OF LOCAL AGENCY PROJECT 15 SOUTH 320TH STREET SOUTHBOUND Agreement Number GCA 6680 Local Agency and Address: CITY of FEDERAL WAY, 33325 8a` Avenue South, Federal Way, WA 98003-6325. Northwest Region Description of Project: Widening the I-5 South 320t' Street southbound off ramp to provide additional right and left turn lanes, modifying the existing signal system, providing storm water treatment and detention, and providing sidewalk ramps at the off -ramp intersection that meet the accessibility criteria associated with the Americans with Disabilities Act. LOCAL AGENCY Project Manager: Brian Roberts P. E., 33325 8t" Avenue South, Federal Way, WA 98003-6325, (253) 835-2723. STATE Project Manager: Aleta Borschowa, P.E., 6431 Corson Ave S, Seattle, WA 98108, (206) 768 5862, BORSCHA@wsdot.wa.gov. This Agreement is made and entered into between the STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION (STATE) and the above named Local Agency (LOCAL AGENCY). WHEREAS, the LOCAL AGENCY is planning the construction of a project as described in the Description of Project above and/or as further described in an attached exhibit, hereinafter the "Project," and WHEREAS, the Project is partially or entirely within state-owned limited access (UA) right of way, and WHEREAS, the construction of the Project could significantly impact the safety, maintenance and operation of the state transportation system, and WHEREAS, the STATE deems it to be in the STATE's best interest for the STATE to provide construction administration for the Project in an effort to control and minimize impacts to the safety, maintenance and operation of the state transportation system, NOW, THEREFORE, pursuant to RCW 47.28.140 and/or chapter 39.34 RCW, the above recitals that are incorporated herein as if set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibit A, which is incorporated and made a part hereof, Page 1 of 12 80 IT IS MUTUALLY AGREED AS FOLLOWS: 1. PURPOSE 1.1 The STATE, on behalf of the LOCAL AGENCY, agrees to perform construction administration for the Project, as further provided herein and pursuant to the attached exhibit. Exhibit A is the Cost Estimate. 2. DESIGN: STATE/LOCAL AGENCY APPROVAL 2.1 The STATE, pursuant to agreement No. GCA 6435, dated March 22, 2010 between the Parties, prepared the plans, specifications, and cost estimate (PS&E) for the Project, and the LOCAL AGENCY has accepted the PS&E pursuant to the terms of GCA 6435. 3. PERMITTING, RIGHT OF WAY, AD AND AWARD 3.1 The LOCAL AGENCY shall be responsible to secure the following for the Project: (a) State Environmental Policy Act (SEPA) approval; (b) National Environmental Policy Act (NEPA) approval, if applicable; (c) All permits; and (d) Right of way, including temporary construction easements needed to construct the Project, and an executed STATE airspace lease, cooperative agreement or maintenance agreement, pursuant to Section 12.2, if required. 3.2 The LOCAL AGENCY shall advertise the Project for bids, prepare and issue any addenda, and award and execute the Project construction contract. Any Project addenda affecting state-owned L/A right of way must be reviewed and approved by the STATE prior to issuance. The LOCAL AGENCY may request the STATE to respond to bidder inquiries or develop addenda or other document related to questions from bidders. This request must be in writing. 3.3 The STATE shall respond to LOCAL AGENCY questions and provide information requested by the LOCAL AGENCY's Project Manager. This shall include but not be limited to, providing addenda to the contract plans, contract special provisions and engineering estimates. 4. CONSTRUCTION ADMINISTRATION 4.1 The STATE agrees to provide construction administration to include design support services for the LOCAL AGENCY's Project construction contract. The executed Project contract plans, addenda, and specifications (hereinafter Contract) are by this reference made a part of this Agreement as if fully attached and incorporated herein. Page 2 of 12 81 The STATE's Project Manager will provide all necessary services and tools to provide construction administration, including but not limited to: answering questions during advertisement, surveying, inspection, materials testing, and the representation necessary to administer the Contract construction to ensure that the Project is constructed in accordance with the Contract. 4.2 The LOCAL AGENCY may elect to have certain construction administration elements and/or tools provided in whole or in part by its contractor (hereinafter Contractor), if included as a Contract bid item, or by the LOCAL AGENCY. Any construction administration to be performed by the LOCAL AGENCY's Contractor or by the LOCAL AGENCY shall require STATE prior written approval. 4.3 The STATE is authorized to use the Minor Change Contract bid item up to a total item cost of $50,000.000, with no single change exceeding fifteen thousand dollars, per Standard Specifications for Road, Bridge, and Municipal Construction (Standard Specifications) 1-04.4(1) 2010; provided that the STATE is consistent with the intent of the Project Contract and does not include an extension of Contract time. The STATE shall not approve structural or material(s) related changes to the Project without approval of the LOCAL AGENCY, regardless of the cost 4.4 The LOCAL AGENCY agrees that both formal and informal communication between the LOCAL AGENCY and its Contractor shall be through the STATE's Project Manager. The LOCAL AGENCY shall make the STATE's Project Manager aware by copy or written account of any direct communication affecting the Contract. The STATE's Project Manager shall communicate regularly with the LOCAL AGENCY to keep the LOCAL AGENCY up-to-date on all significant issues affecting the Project. 4.5. The STATE shall develop and execute a communication plan for any phase or changes in phases of the Project Contract that affect the public. The LOCAL AGENCY shall review and approve the elements of the STATE communication plan that affects traffic on South 320th Street. The LOCAL AGENCY shall respond directly to the public's requests and questions at its sole cost. 4.6 The LOCAL AGENCY may also inspect the Project. All contact between the LOCAL AGENCY's inspector(s) and the Contractor shall be only through the STATE's Project Manager or his/her designee. 4.7 The STATE will provide the LOCAL AGENCY with monthly progress reports, which will include details regarding progress of the Contract work, working days, updates to the Contractor's critical path schedule, progress estimates for payments to the Contractor, estimated costs for the STATE's construction administration, Contract changes, and a comparison of planned vs. actual quantities. Page 3 of 12 82 4.8. The STATE, at the sole cost to the LOCAL AGENCY, agrees to inspect the landscaping and planting establishment on STATE's right of way for the first year after the landscaping and planting has been completed. 4.9 The STATE will prepare the final construction documentation in conformance with the STATE Construction Manual. Unless "as -built" plans are to be maintained and provided by the Contractor as part of the Contract, the STATE will maintain one set of plans as the official "as -built" set and make notations in red ink of all plan revisions as required by the STATE's Construction Manual. The STATE will submit one reproducible set of as -built plans to the CITY within six (6) months of final Project acceptance pursuant to Section 7. 4.10 Should for any reason, the LOCAL AGENCY decide not to complete the Project after construction has begun, the STATE, in its sole discretion, shall determine what work must be completed to restore state facilities and/or right of way to a condition and configuration that is safe for public use, operation, and maintenance, and the LOCAL AGENCY agrees that the STATE shall have the authority to direct the Contractor to complete the restoration. The LOCAL AGENCY agrees that all costs associated with Contract termination, including but not limited to engineering, completing state facility and right of way restoration, and Contractor claims, will be the sole responsibility of the LOCAL AGENCY. If the Contractor is not available to restore the state facilities and right of way, the STATE may perform, or contract to perform, the restoration work at LOCAL AGENCY expense. Payment to the STATE shall be pursuant to Section 8. This section shall survive the termination of this Agreement. 4.11 Upon completion of the Project, the STATE shall submit all Project construction records, except the STATE's copy of the "as -built" plans, to the LOCAL AGENCY for retention. The LOCAL AGENCY agrees to maintain these records for not less than three (3) years. 4.12 The LOCAL AGENCY agrees to remit to the STATE any liquidated damages assessed against the Contractor associated with closures to I-5 or to the 3201h St. Southbound off ramp. The LOCAL AGENCY shall retain any assessed liquidated damages associated with closures of S 320th St, or due to delay of Project completion. 5. CONTRACT CHANGES 5.1 Changes to the Contract will be documented by change order as defined in the Standard Specifications. The STATE shall prepare all change orders in accordance with the STATE's Construction Manual (M41-01), current edition. 5.2 Required change orders are change orders that involve any or a combination of the following: Page 4 of 12 83 (a) Changes in the work, work methods, working days, or quantities as necessary to satisfactorily complete the scope of the Project within state-owned L/A right of way. (b) Mitigating an emergency or safety threat to the traveling public. All other change orders shall be considered elective. 5.3- The STATE will advise the LOCAL AGENCY in writing of any proposed required change order as soon as reasonably practical. The LOCAL AGENCY shall review and approve or disapprove the proposed change in writing within three (3) working days of receiving the STATE's written notice. If an extension of review time is needed, the LOCAL AGENCY shall notify the STATE in writing as soon as possible. The LOCAL AGENCY agrees that any delays associated with the LOCAL AGENCY's approval of a change order may cause increases in the Project cost, as well as the STATE's construction administration costs. Nothing herein relieves the LOCAL AGENCY of its sole responsibility for change order costs or Contractor claims associated with the LOCAL AGENCY's change order approval process. 5.4 The STATE will develop required change orders, and upon written approval from the LOCAL AGENCY, secure signatures from the Contractor, and submit final required change orders to the LOCAL AGENCY for execution and payment. 5.5 The LOCAL AGENCY authorizes the STATE to initiate, negotiate, document, and direct the Contractor by either verbal or written direction in all matters regarding required changes described in Section 5.2 which have been approved in writing by the LOCAL AGENCY. 5.6 The STATE reserves the right, when necessary due to emergency or safety threat to the traveling public, as solely determined by the STATE, to direct the Contractor to proceed with work associated with a required change prior to the LOCAL AGENCY's execution of the change order. If time permits, the STATE will provide an opportunity for the LOCAL AGENCY to review the required change before providing direction to the Contractor. 5.7 In the event that the LOCAL AGENCY disagrees with the STATE's determination of a required change, the LOCAL AGENCY may pursue resolution under Section 13.5, Disputes. However, any delays to the Contract due to the LOCAL AGENCY pursuing the Disputes process shall be at LOCAL AGENCY expense. 5.8 The LOCAL AGENCY may request additions or modifications to the Contract through the STATE. These additions or modifications shall be deemed elective change orders. The STATE will direct the Contractor to implement elective change(s), provided that the change(s) comply with the Standard Specifications, Project permits, and state and federal laws, rules, regulations, and design policies. The STATE will develop Page 5 of 12 84 elective change orders, secure signatures from the Contractor and submit final elective change orders to the LOCAL AGENCY for approval, execution, and payment. 5.9 Changes to structures within state-owned right of way must be reviewed and approved by the STATE Bridge Office and STATE Geotechnical Office before implementation. 5.10 Changes to electrical and intelligent transportation systems within the state- owned right of way must be reviewed and approved by the STATE Region Traffic Office before implementation. 5.11 The STATE will notify the LOCAL AGENCY of errors or omissions in the Contract as soon as reasonably practical. The STATE shall provide the necessary documents (PS&E) that will be incorporated into a change order. 6. PAYMENTS TO CONTRACTOR 6.1 The STATE shall prepare summaries of the amount due to the Contractor from the LOCAL AGENCY for work performed in accordance with the terms of the Contract (Progress Estimates). The STATE shall submit monthly Progress Estimates to the LOCAL AGENCY for payment by the LOCAL AGENCY to the Contractor. 6.2 The LOCAL AGENCY agrees that it shall be solely responsible for all costs associated with the LOCAL AGENCY's Project. The LOCAL AGENCY further agrees that the STATE shall have no liability or responsibility for payment of any or all Project Contractor or subcontractor costs, including material costs and the costs of required and/or elective change orders, or costs associated with Contractor claims and/or delays attributable to failure of performance by the LOCAL AGENCY. 6.3 The LOCAL AGENCY shall at all times indemnify and hold harmless the STATE from all claims for labor or materials in connection with the Project located on state-owned L/A right of way, and from the cost of defending against such claims, including attorney fees. In the event a lien is filed upon the state-owned right of way, the LOCAL AGENCY shall (1) Record a valid Release of Lien; (2) Deposit sufficient cash with the STATE to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to lien holder claim; or (3)Procure and record a bond which releases the state-owned right of way from the claim of the lien and from any action brought to foreclose the lien. 7. PROJECT ACCEPTANCE 7.1 Prior to acceptance of the Project and the STATE's construction administration, the STATE and the LOCAL AGENCY will perform a joint final inspection of the Project. The LOCAL AGENCY agrees, upon satisfactory completion of the Project by its Contractor and receipt of a "Notice of Physical Completion," as determined by the Page 6 of 12 85 STATE, to deliver a letter of acceptance of the Project and the STATE's construction administration which shall include a release of the STATE from all future claims or demands, except from those resulting from the negligent performance of the STATE's construction administration under this Agreement. 7.2 If a letter of acceptance of the Project is not received by the STATE within sixty (60) calendar days following delivery of a "Notice of Physical Completion" of the Project to the LOCAL AGENCY, the Project and the STATE's construction administration shall be considered accepted by the LOCAL AGENCY and the STATE shall be released from all future claims or demands, except from those resulting from the negligent performance of the STATE's construction administration under this Agreement. 7.3 The LOCAL AGENCY may withhold its acceptance of the Project and the STATE's construction administration by submitting written notification to the STATE within sixty (60) calendar days following "Notice of Physical Completion" of the Project. This notification shall include the reason(s) for withholding the acceptance. The Parties shall then work together to resolve the outstanding issues identified in the LOCAL AGENCY's written notification. Upon resolution of the outstanding issues, the LOCAL AGENCY will promptly deliver the letter of acceptance to the STATE. 8. PAYMENT TO STATE 8.1 The LOCAL AGENCY, in consideration of the faithful performance of the STATE's construction administration and Services provided by the STATE as described in this Agreement, agrees to reimburse the STATE for its actual direct and related indirect costs. A cost estimate for the STATE's construction administration and Services is provided as Exhibit A. 8.2 If the Parties have a reciprocal overhead agreement in place effective as of the date of this Agreement, the STATE's overhead rate will not be charged. In this event, the STATE will only invoice for actual direct salary and direct non -salary costs for the STATE's construction administration and Services. 8.3 The STATE shall submit monthly invoices to the LOCAL AGENCY after construction administration and Services have been performed and a final invoice after acceptance of the Project and STATE's construction administration. The LOCAL AGENCY agrees to make payments within thirty (30) calendar days of receipt of a STATE invoice. These payments are not to be more frequent than one (1) per month. If the LOCAL AGENCY objects to all or any portion of any invoice, it shall notify the STATE in writing of the same within fifteen (15) calendar days from the date of receipt and shall pay that portion of the invoice not in dispute. The Parties shall immediately make every effort to settle the disputed portion of the invoice. Page 7 of 12 86 8.4 A payment for the STATE's construction administration and Services will not constitute agreement as to the appropriateness of any item, and at the time of final invoice, the Parties will resolve any discrepancies. 8.5 INCREASE IN COST: In the event unforeseen conditions require an increase in cost for the STATE's construction administration and Services by more than twenty-five (25) percent above the cost estimate in Exhibit A, the Parties must negotiate and execute a written amendment to this Agreement addressing said increase prior to the STATE performing any construction administration or Services in excess of said amount. 9. RIGHT OF ENTRY 9.1 The LOCAL AGENCY hereby grants to the STATE, its employees, and authorized agents, a right of entry upon all land in which the LOCAL AGENCY has an interest for the STATE to perform construction administration and Services under this Agreement. 9.2 The STATE hereby grants to the LOCAL AGENCY, its employees, authorized agents, contractors and subcontractors a right of entry upon state-owned right of way for the LOCAL AGENCY to provide inspection and to construct the Project. 9.3 Where applicable, the LOCAL AGENCY hereby grants to the STATE, its employees, and authorized agents, a right of entry upon all land in which the LOCAL AGENCY has an interest for the STATE to operate, maintain and/or reconstruct signal loop detectors and appurtenances for signals belonging to the STATE, if any, that are constructed as part of the Project and located within the LOCAL AGENCY's right of way. The terms of this section shall survive the termination of this Agreement. 10. CLAIMS 10.1 Contractor Claims for Additional Payment: In the event the Contractor makes a claim for additional payment associated with the Project work, the STATE will immediately notify the LOCAL AGENCY of such claim. The STATE shall provide a written recommendation to the LOCAL AGENCY regarding resolution of Contractor claims. The LOCAL AGENCY agrees to defend such claims at its sole cost and expense. The STATE will cooperate with the LOCAL AGENCY in the LOCAL AGENCY's defense of the claim. The LOCAL AGENCY shall reimburse any STATE costs incurred in providing such assistance, including reasonable attorneys' fees, pursuant to Section 8. 10.2 Third Party Claims for Damages Post Project Acceptance: After Project acceptance, in the event of claims for damages or loss attributable to bodily injury, sickness, death, or injury to or destruction of property that occurs because of the Project located on local agency or state-owned right of way, the Party owning the right of way shall defend such claims and hold harmless the other Party, and the other Parry shall not be obligated to pay any such claim or the cost of defense. Nothing in this section, Page 8 of 12 87 however, shall remove from the Parties any responsibilities defined by the current laws of the state of Washington or from any liabilities for damages caused by the Party's own negligent acts or omissions. The provisions of this section shall survive the termination of this Agreement. 11. DAMAGE TO THE PROJECT DURING CONSTRUCTION 11.1. The LOCAL AGENCY authorizes the STATE to direct the LOCAL AGENCY's Contractor to repair all third party damage to the Project during construction. 11.2 The LOCAL AGENCY agrees to be responsible for all costs associated with said third party damage and for collecting such costs from the third party. 11.3 The STATE will document the third party damage by required change order and cooperate with the LOCAL AGENCY in identifying, if possible, the third party. The STATE will also separately document and invoice the LOCAL AGENCY for the STATE's costs associated with third party damage. STATE costs shall be reimbursed pursuant to Section 8. 12. OWNERSHIP, OPERATION AND MAINTENANCE 12.1 Upon acceptance of the Project as provided in Section 7, the LOCAL AGENCY shall be the sole owner of that portion of the Project located within the LOCAL AGENCY's right of way, and the LOCAL AGENCY shall be solely responsible for all future operation and maintenance of the Project located within the LOCAL AGENCY's right of way at its sole cost, without expense or cost to the STATE, except for any improvements made pursuant to Section 9.3. 12.2 Upon acceptance of the Project as provided in Section 7, the STATE shall be the sole owner of that portion of the Project located within state-owned right of way, and the STATE shall be solely responsible for all future operation and maintenance of the Project located within state-owned right of way at its sole cost, without expense or cost to the LOCAL AGENCY. However, if the LOCAL AGENCY has obtained or is required to obtain an air space lease, cooperative agreement, or maintenance agreement from the STATE to own, operate, or maintain a portion of the Project located within state-owned right of way, the terms of the air space lease, cooperative agreement, or maintenance agreement will control for those specified portions of the Project. 12.3 Section 12 shall survive the termination of this Agreement. Page 9 of 12 88 13. GENERAL PROVISIONS 13.1 Amendment: This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 13.2 Termination: The LOCAL AGENCY may terminate this Agreement upon written notice to the STATE. The STATE may terminate this Agreement only with the written concurrence of the LOCAL AGENCY. 13.2.1 If this Agreement is terminated prior to the fulfillment of the terms stated herein, the LOCAL AGENCY agrees to reimburse the STATE for the costs the STATE has incurred up to the date of termination, as well as the costs of non- cancelable obligations. 13.2.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 13.2.3 Termination prior to completing the Project within state-owned right of way will terminate the right of the LOCAL AGENCY to complete the Project within state-owned right of way. The Contractor will be directed by the STATE to restore state facilities and right of way in accordance with Section 4. 7. This section shall survive the termination of this Agreement. 13.3 Independent Contractor: The Parties shall be deemed independent contractors for all purposes, and the employees of the Parties or any of their contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of the other Party. 13.4 Indemnification: 13.4.1 Unless a claim falls within the provisions of Section 10.2, the LOCAL AGENCY shall protect, defend, indemnify, and hold harmless the STATE and its employees and authorized agents and/or contractors, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the LOCAL AGENCY's design, inspection, and construction obligations to be performed pursuant to the provisions of its Contract or as authorized under this Agreement. The LOCAL AGENCY shall not be required to indemnify, defend, or save harmless the STATE if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the STATE; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the STATE, its employees or authorized agents and (b) the LOCAL AGENCY, its employees, authorized agents, or contractors, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided Page 10 of 12 89 herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees or authorized agents and/or contractors. 13.4.2 Unless the claim falls within the provisions of Section 10.2, the STATE shall protect, defend, indemnify, and hold harmless the LOCAL AGENCY and its employees and authorized agents and/or contractors, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the STATE's construction administration and Services obligations to be performed pursuant to the provisions of this Agreement. The STATE shall not be required to indemnify, defend, or save harmless the LOCAL AGENCY if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the LOCAL AGENCY; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the STATE, its employees or authorized agents and (b) the LOCAL AGENCY, its employees, authorized agents, or contractors, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees or authorized agents and/or contractors. 13.4.3 The LOCAL AGENCY agrees to accept full liability for any facilities the LOCAL AGENCY has provided direction to the STATE to design and/or construct outside state-owned right of way that do not meet STATE standards. 13.4.4 Section 13.4 shall survive the termination of this Agreement. 13.5 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board, these two members shall select a third board member not affiliated with either Parry. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally share in the cost of the third disputes board member; however, each Party shall be responsible for its own costs and fees. 13.6 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible for payment of its own attorney's fees, witness fees, and costs. 13.7 Audit Records: All financial records, including labor, material and equipment records in support of all STATE costs shall be maintained by the STATE for a period of three (3) years from the date of termination of this Agreement. The LOCAL AGENCY shall have full access to and right to examine said records during normal business hours Page 11 of 12 90 and as often as it deems necessary, and should the LOCAL AGENCY require copies of any records, it agrees to pay the costs thereof. The Parties agree that the work performed herein is subject to audit by either or both Parties and/or their designated representatives and/or state and federal government. 13.8 Term of Agreement: Unless otherwise provided herein, the term of this Agreement shall commence as of the date this Agreement is executed and shall continue until all of the following are complete: (a) The Project and the STATE's construction administration and Services are accepted by the LOCAL AGENCY pursuant to Section 7; (b) The STATE and LOCAL AGENCY both have a reproducible copy of the final "as -built" plans; (c) All Project records are submitted to the LOCAL AGENCY pursuant to Section 4.8; and (d) All obligations for payment have been met, except for Sections 4.7, 9.3, 10.2, 13.2.3, 13.4 and all of Section 12, which survive the termination of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed below. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Skip Priest Name Mayor Title Date Date Approved as to Form Patricia A. Richardson City Attorney Date: Appro d as to Form By: Ann E. Salay Assistant Attorney General Date: _2-3-(( 91 Page 12 of 12 XL3755 320th Ramp Widening Project CE Justification Aleta Borschowa's PEO (412340) Estimated CE Expenses Exhibit A, page 2 of 2 Base FTE $ Base FTE Overtime Overtime FTE Duration per 150 hr Level of FTE $ per Level of Staff / Occupation FTE (months) Month Effort Month Effort Cost Engineering Manager 1 4 $10,828.50 0.05 $2,165.70 Project Engineer 1 5 $9,892.50 0.20 $9,892.50 Assistant PE 1 5 $9,046.50 0.20 - $9,046.50 Office Engineer 1 8 $7,765.50 0.50 $9,936.00 0.00 $31,062.00 Assistant Office Engineer 1 8 $7,125.00 0.50 $9,018.00 0.00 $28,5bO.00 Project Controller 1 8 $7,765.50 0.20 $9,936.00 0.00 $12,424.80 Senior Secretary 1 8 $4,381.50 0.20 $5,076.00 0.00 $7,010.40 Document Control 1 5 $6,544.50 0.30 $8,184.00 0.00 $9,816.75 Submittals Coordinator 1 5 $6,544.50 0.30 $8,184.00 0.00 $9,816.75 Change Order Writer 1 6 $7,125.00 0.50 $9,018.00 0.00 $21,375.00 CADD Engineer 1 4 $7,125.00 0.30 $9,019.00 0.00 $8,550.00 Materials Engineer 1 8 $7,125.00 0.50 $9,018.00 0.00 $28,500.00 Material Testers 1 3 $6,544.50 1.00 $8,184.00 0.25 $25,771.50 Surveying . 1 3 $7,765.50 0.30 $9,936.00 0.00 $6,988.95 HQ / NWR Materials Support 1 8 $7,765.50 0.20 $8,184.00 0.00 $12,424.80 Structures / HQ Support 1 3 $9,892.50 0.20 $12,837.00 0.00 $5,935.50 Roadway / HQ Support 1 4 $9,892.50 0,20 $12,837.00 0.00 $7,914.00 Geotechnical Support 1 3 $9,892.50 0.20 $12,837.00 0.00 $5,935.50 Utilities Engineers Support 1 2 $7,765.50 0.20 $9,936.00 0.00 $3,106.20 �p Electrical Inspectors 1 2 $7,765.50 0.20 $9,936.00 0.00 $3,106.20 tv Electrical Design Support 1 2 $7,765.50 0.20 $9,936.00 0.00 $3,106.20 Civil Design Support - During AD 1 1 $7,765.50 0.39 $9,936.00 0.00 $3,000.20 Civil Design Support - During CN 1 4 $7,765.50 0.19 $9,936.00 0.00 $6,001.18 Construction Traffic Office 1 4 $7,765.50 0.20 $9,936.00 0.00 $6,212.40 Fabrication Inspection 1 2 $7,765.50 0.50 $9,936.00 0.00 $7,765.50 Chief Inspector 1 5 $7,765.50 0.50 $9,936.00 0.00 $19,413.75 Project Inspector 1 5 $7,125.00 1.00 $9,018.00 0.25 $46,897.50 Landscape Inspector 1 12 $7,125.00 0.10 $9,018.00 0.00 $8,550.00 Communications 1 4 $6,544.50 0.10 $8,184.00 0.00 $2,617.80 Enviornmental Compliance Inspector 1 4 $7,765.50 0.30 $9,936.00 0.00 $9,318.60 Environmental Technical Advisor 1 4 $7,765.50 0.30 $9,936.00 0.00 $9,318.60 Reimbursables (Car, Paper, etc...) 1 8 $1,500.00 1.00 - $12,000.00 Total $383,544.78 Working Days Months 73 3,5 Assumptions 1.) 73 working days will be included in the contract. This will result in anywhere from 2-8 months of administration depending on the employee's role on the project. Landscape inspectors will need to work at least 12 months per the GCA. 2.) Field staff will need to work approximately 2 hours of overtime each shift. This will account for travel time to / from the office and the contractors hours of work. 3.) Level of effort for the assistant office engineer, materials engineer, and change order writer will be higher. This is due to the fact that they will not be able to use the mainframe computer systems they utilize on WSDOT contracts. Instead, each employee will be required to create and maintain spreadsheets that are specifically for the administration of this job. GCA 6680 CITY OF FEDERAL WAY 1-5/SOUTHBOUND 320TH ST OFFRAMP CHANNELIZATION CONSTRUCTION ADMINISTRATION/DESIGN SUPPORT ESTIMATE — Exhibit A page 1 of 2 ESTIMATED COST Budget CN ADMINISTRATION, Incl. Design Support During AD & Construction $383,545 10% Contingencies $ 38,355 SUB TOTAL $421,900 12% Direct Project Support Redistribution Charges $ 50,630 PROJECT TOTAL $472,530 93 COUNCIL MEETING DATE: March 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2011 Asphalt Overlay Project Bid Award POLICY QUESTION: Should the Council award the 2011 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director EPT: Public Works ............ ............................................ 1�.........'............. _................................................................................._................................................... .._................ .............._.................................. ........_.................. _......._............ __.......... .... Attachments: Land Use and Transportation Committee memorandum dated March 7, 2011. Options Considered: 1. Award all Schedules of the 2011 Asphalt Overlay Project to Tucci and Sons, Inc. the lowest responsive, responsible bidder, in the amount of $2,122,351.65 and approve a 5% contingency of $106,117.00, for a total of $2,228,468.65, and authorize the Mayor to execute the contract. 2. Reject all bids for the 2011 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 2011 Asphalt Overlay Project to the lowest responsive, responsible bidder and ...o................_......__._......n........._ __._....__..__............._....._..........._.........._......................................................_.......__..........._.............._..._.._._..__.P.rvidt_st.af......_ ._... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 15, 2011 City Council Consent Agenda for approval. MAYOR APPROVAL: V DIRECTOR APPROVAL: gtAq— Committee Council Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the March 15, 2010 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to award all Schedules of the 2011 Asphalt Overlay Project to Tucci and Sons, Inc. the lowest responsive, responsible bidder, in the amount of $2,122,351.65 and approve a 5% contingency of $106,117.00 for a total of $2,228,468.65, and authorize the Mayor to execute the contract. " 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 — 02/06/2006 RESOLUTION # 94 CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeff Huynh, Street Systems Engineer t SUBJECT: 2011 Asphalt Overlay Project - Bid Award BACKGROUND: Five bids were received and opened on February 16, 2011 for the 2011 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total bid of $2,122,351.65. AVAILABLE FUNDING: The budget for the 2011 Asphalt Overlay Project is $2,541,141.00 and is comprised of the following: • 2011 Proposed Overlay Budget • 2011 Structures Budget • 2010 Carry Forward (estimate) • Quadrant Corporation for the S 320th Street overlay (Per Reimbursement Agreement) TOTAL FUNDING AVAILABLE $1,513,500.00 $146,267.00 $561,374.00 $320,000.00 $2,541,141.00 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION A S 320th St — I-5 limited access to Weyerhaeuser Way S B S 320th St — Weyerhaeuser Way S to City Limit C S320th St — 3rd Ln SW to 6th Ave S. D Madrona Trails E Lakota Trails F Decatur Glen G 21St Ave SW — SW 339`h St to SW 346th St H 21St Ave SW — SW 346th St to SW 348th St ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: 5 % Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising ESTIMATED TOTAL PROGRAM COST: BALANCE, k:\lutc\2011\03-07-11 2011 Asphalt Overlay Project Bid Award.doc 95 AMOUNT $302,271.93 $117,908.58 $363,921.18 $397,369.67 $297,496.86 $230,869.09 $274,974.49 $137,539.85 $2,122,351.65 $106,118.00 $46,000.00 $63,000.00 $115,000.00 $72,000.00 $3,500.00 $2,527,969.65 $13,171.35 :J7 2011 ASPHALT OVERLAY PROJECT RFB No. 11-101 BID OPENING DATE FEBRUARY 16 2011 Vendor Name --> Location ---> Bid 1 Tuoci & Sons, Inc. Tacoma WA Bid 2 Lakeside Industries Covin on WA Bid 3 Woodworth & Company Pu allu WA Bid 4 ICON Matedals Tukwila WA Bid 5 Watson Asphalt Paving Co., Inc. Redmond WA Engineers Estimate Item Amount Unit Price Total Price Total Price Total Price Total Price Total Price Total SCHEDULE A - S 320TH ST 1-5 to WEYERHAEUSER WY S 1 Mobilization 1 LS $18,500.0 $18,500.0 $30,400.0 $30,400.0 $33,000.00 $33,000.00 $57,000.00 $57,000.00 $60,000. $60,000.00 S20,859.62 $20,659. 2 Flamers and Spotters 830 HR $42.00 $34,860.00 $42.00 $34,860.00 $42.00 $34,860.00 $42.00 $34,860.00 $42.00 $34,860.00 $42.00 $34,860.0 3 Other Traffic Control Labor 100 HR $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.0 4 Off Duty Uniformed Police Officer 95 HR $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5,928. 5 Roadside Cleanup 1 FA $2.000.00 $2,000.00 $2 000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2.000.00 $2.000.00 $2,000.00 8 Asphalt/Cement Concrete Sawcuftma 2198 LF $0.01 521.98 $0.01 $21.98 $1.50 $3,297.00 $0.01 $21.98 $0.01 $21.98 $0.05 $109.90 7 Roadway Excavation IW. Haul 90 CY $48.00 $4,320.00 $7.50 $675.00 $140.00 $12,600.00 $36.00 $3,240.00 $70.00 $6,300.00 $25.00 S2,250.00 8 Construction Geotexlile for Separation 134 SY $0.50 $57.00 $0.10 $13.40 $1.00 $134.00 $0.50 $67.00 $2.00 $268.00 $0.75 $100.50 9 CSTC for Pavement Repair & Roadway Widening, Inc. Haul 62 TN $16.00 $992.00 $10.00 $620.00 $39.00 $2.418.00 $12.00 $744.00 $50.00 $3,100.00 $12.50 $775.00 10 Planing of Bituminous Pavement 5317 SY $3.30 $17,546.10 $2.61 $13,87T37 $2.80 $14,887.60 $2.001 $14,887.60 S4.501 $23,926.50 $3.501 $18,609.50 11 HMA Class 1l2" PG 64-22 1960 TN $58.00 $113,680.00 $61.00 $119,560.00 $73.15 $143,374.00 $68.00 $133.280.00 $78.00 $152,880.00 $64.00 $125,440.00 12 HMA Class 1l2" PG 64-22 for Pavement Repair & Roadway 112 TN $146.00 $16,352.00 $100.00 $11,200.00 $105.00 $11,760.00 $90.00 $10,080.00 $110.00 $12,320.00 $110.00 $12,320.00 13 Paving Fabric 5872 SY $2.90 $17028.80 $3.80 $21139.20 $3.15 $18496.80 $3.40 $19964.80 $3.50 $20552.00 $2.50 $14680.00 14 Adjust Catch Basins 1 EA $300.00 $300.00 $345.00 $345.00 $345.00 $345.00 $300.00 $300.00 $425.00 $425.00 $400.00 $400.00 15 Ad"ust Existing Monument Case & Cover 1 Flt $250.00 $250.00 $245.00 $245.00 $245.00 $245.00 $250.00 $250.00 $400.00 $400.00 $300.00 $300.00 16 Wheel Chair Ramp Type 1 Complete 7 EA $2,01)(1.00 $14 000.00 $2,250.00 $15,750.00 $1,900.00 $13,300.00 $1 200.00 $8,400.00 $3,300.00 $23,100.00 $1,975.00 $13,825.00 17 Removal and Replacement of Extruded Cement Concrete Curb 323 LF $7.50 $2,422.50 $10.00 $3,230.00 $8.60 $2,777.80 $6.00 $1,938.00 $15.00 $4,845.00 $12.00 $3,876.00 18 1 Maintenance Rock for Shoulder Reconstruction Incl. Haul 35 TN $67.25 1 $2,353.75 $50.00 $1.750.001 $60.00 $2,100.00 $20.00 $700.00 $45.00 $1,575.00 $33.00 $1,155.00 19 Raised Pavement Marker Type 2 3.3 HUND $365.00 $1,204.60 $365.00 $1,204.50 $365.00 $1,204.50 $365.00 $1,204.50 $385.00 $1.270.50 $350.00 $1.155.001 20 Hydrant Marker Type 2B 2 EA $8.00 $16.00 $8.00 $16.00 $8.00 $16.00 58.00 $16.00 $22.00 $44.00 $20.00 $40.00 21 Detector Loops 48 EA $501.00 $24,048.00 $398.00 $79104.00 $560.00 $26880.00 $550.00 $26,400.00 $650.00 $31200.00 $550.00 $26,400.00 22 Plastic Line 8610 LF $1.23 $10 590.30 $1.23 $10,590.30 $1.25 $10,762.50 $1.23 $10,590.30 $1.50 $12,915.00 $1.75 $15,057.50 23 Plastic Traffic Arrow 10 EA $56.00 $560.00 $56.00 $560.00 $56.00 $560.00 $56.00 $560.00 $55.00 $550.00 $50.00 $500.00 24 Plastic Stop Line 195 LF $5.00 $975.00 $5.00 - $975.00 $5.00 $975.00 $5.00 $975.00 $4.40 $858.00 $4.00 $780.00 25 Plastic Crosswalk Line 920 LF $2.25 S2,070.00 $2.25 $2,070400 $2.25 $2,070.00 $2.25 $2 070.00 $2.20 $2,024.00 $2.00 $1,840.00 26 Plastic Wide Line 1464 LF $4.00 $5,856.00 $4.00 $5,856.00 $4.00 $5,856.00 $4.00 $5,855.00 $4.20 $6,148.80 $4.00 $5,856.00 27 Sod 3 SV $60.00 8180.00 $25.00 $75.00 $50.00 $150.00 $5.00 $15.00 $50.00 150.00 $40.00 $120.00 28 Portable Chan eabie Message Sin 30 DAY $65.00 $1.950.001 $50.00 $1 500.00 $220.00 $8 800.00 $100.00 $3 000.00 $120.00 $3_100 .00 $85.00 $2550.00 Subtotal Schedule A $302 271.93 ;307 765.7$ ;360 787.20 ;348 648.18 5416 451.78 $315797.02 SCHEDULE 8 - S 320TH ST WEYERHAEUSER WY S to 37TH PL 3 1 Mobilization 1 LS $11,140.00 $11,140.00 $15,550.00 $15,550.00 $12,000400 $12 000.00 $25,000.00 $25 000.00 $30,000.00 $30,000.00 $7,420.85 $7,420.85 2 Traffic Control Labor 350 HR $42.00 $14,700.00 $42.00 $14 700.00 $42.00 $14,700.00 $42.00 $14,700.00 $42.00 $14,700.00 $42.00 $14,700.00 3 Other Traffic Control Labor 50 HR $42.00 $2,100.00 $42.00 $2,100.00 $42.00 $2,100.00 $42.00 $2,100.00 $42.00 $2,100.00 $42.00 $2,100.00 4 Off Duty Uniformed Police Officer 64 HR $61.75 $3,952.00 $61.75 $3,952.00 $61.75 $3,952400 $61.75 $3,952.00 $61.75 $3,952.00 $61.75 $3,952.00 5 AsphattlGement Concrete Sawcutfing 1032 LF $0.01 $10.32 $0.01 510.32 $1.50 $1,548.00 $0.01 $10.32 $0.01 $10.32 $0.05 ' $51.60 6 Roadway Excavation Incl. Haul 43 CY $70.00 $3,010.00 $7.50 $322.50 $140.00 $6,020.00 $36.00 $1,548.00 $70.00 $3,010.00 $25.00 $1.075.001 7 Construction Geotextile for Separation 64 SY $0.50 $32.00 $0.10 $6.40 $1.00 $64.00 $0.50 $32.00 $2.00 $128.00 $0.75 $48.00 8 CSTC for Pavement R 'r & Roadway Widenina, Inc. Haul 30 TN $16.00 $480.00 $10.00 $300.00 $39.00 $1,170.00 $12.00 $360.00 $50.00 $1,500.00 $12.50 $375.00 9 Planina of Bituminous Pavement 1857 SY $4.50 $8 356.50 $3.35 $6.220.95 $2.80 $5 199.60 $4.40 $8,170.80 $4.50 $8,356.50 $3.50 $6,499.50 10 HMA Class 1l2" PG 6422 700 TN $58.00 $40,600.00 $61.00 $42,700.00 $73.15 $51,205.00 $70.00 $49.000.00 $78.00 $54.600.00 $64.00 $44,800.00 11 HMA Class 112" PG 6422 for Pavement k & Roadway60 TN $146.00 $8,760.00 $100.00 $6,000.00 $105.00 $6,300.00 590.00 $5,400.00 110.00 $6,600.00 $110.00 $6,600.00 12 HMA Class 1l2" PG 64-22 for Prelevelin 10 TN $58.00 $580.00 $61.00 $610.00 $73.15 $731.50 $70.00 $700.00 $78.00 $780.00 $64.00 $640.00 13 PavingFabric 2512 SY $2.90 $7,284.80 $3.60 $9,043.20 $3.15 $7,912.80 $3.70 $9,294.40 $3.50 $8,792.00 $2.50 i6,280.00 14 Removal and Replacement of Fxkuded Cement Concrete Curb 50 LF $4.75 237.50 $10.00 $500.00 $8.60 $430.00 $6.00 $300.00 $15.00 $750.00 $12.00 $600.00 15 Removal and Replacement of T C Precast Traffic Curb 175 LF $15.00 $2,625.00 $20.00 $3,500.00 $23.00 $4,025.00 $18.00 $2,800.00 $20.00 $3,500.00 $12.00 $2 100.00 16 Raised Pavement Marker, T 2 1.3 HUND $365.00 $474.50 365.00 $474.50 $365.00 $474.50 $365.00 $474.50 $385.00 $500.50 $350.00 $455.00 17 Detector Loo 11 EA $537.00 $6.907.00 $461.00 $5,071.00 $560.00 $6.160.00 $550.00 $6.050.00 $650.00 $7,150.00 $550.00 $6,050.00 18 Plastic Line 3352 LF $1.231 $4,122.96 $1.23 $4.122.96 $1.25 $4,190.00 $1.23 $4.122.96 $1.501 $5.028.00 $1.75 $5,866.0 19 Plastic Traffic Arrow 6 EA $56.001 $336.00 $56.00 $336.00 $56.00 $336.00 $58.00 $336.00 $55.00 $330.00 $50.00 $300.00 20 Plastic Stop Line 80LF 55.00 $400.00 $5.00 $400.00 $5.00 $400.00 $5.00 $400.00 $4.40 $352.00 $4.00 $320.00 21 Plastic Wide Line 375 LF $4.00 $1,500.00 $4.00 $1,500.00 $2.25 $843.75 $4.00 $1,500.00 $4.20 $1 575.00 $4.00 $1 500.00 22 Portable Changeable Me Sign 20 1 DAV 1 $65.001 $1300.00 $50.00 $1000.00 $220.00 $4400.00 $100.00 $2000.00 $120.00 $2400.00 $85.00 $1700.00 Subtotal Schedule B I I5117 808.68 ;118 419.83 ;154162.16 138 260.98 W6,1114.321 ;113 432.86 Page 1 of 4 97 O O O O O Y ����� N O O O O O S S S 8 8 0 0 8 ������ 0 0 0 c0 0 0 0 8 8 8 t0 SSSSo�$$S88S$SBSS$S88SS8a yy C N l O O t C O O N l� O O m O O 8 N Y I N N N1D O C C C O i O N O H O N pp N N C G n m O C O d< O_ O_ u' n n S O y Y E D w y m M N w 19 S b a D N p V clt t p p g W f V W H N p O N$ w H H H O l O H$ Y 0 Y q S N NO g N S w tt++11 H ww Vi N lOV H �pp g q w lNV t V E a W N W C �e v' 00 oSee 000 o mSoov' S n v0i uoiS oeuOigoS oo8`b'o o �0g0o W aNDHHwoHN��OO1pp 19 yt9yHgi9N�HHHgHB �VV1ppCpN�nyy Yi GtV �G1pp VV N �N YOf HNa9W W OCO YI V1H 'laV ONo��Op IAOq wNilp 11lONwgH�NHw19lAwwN N N NHH S O O O O O O O O S O S S S S S S S S O N O q-9 N S S S O A O O O O vNf O O O O S O O N O5 8 0 O O 0 0 O O 0 0 S O m e C —.698 O S N 00 I O w 0 O O O N Y f N N� GOO Nw 0 O � IOp pp. . w N O Op 0 N C N O C O V O 1 h V OO Yy C Y i YY Y f O i N tO I+I r I D N C Y f o O 00d 0 O �- 0 N O _ G I n Y 0 0 0 0 0 t7 W � G S O OO 00 O S N C O B a w n Y n S ffOO ry NNq O w NNgywHwy aOp 1919 gHwNN tlIpyHOimaKHHH bbb 19 wN RX aa9 m m E n9 Seon$SS000eoeooSo O S O OyyYY 0000po 00O0 0O0O0 O00 O0 OO 0000 O O O vI N S S g YyI 0000 O O NNO Y O �� olyV gHYiN tyV 1�pG N�C»nGmOOOO1Opn �IffH1I lyww�NHNyggwwHgS O_NNCDNN�NI9NH�N H ww G W NGHM1�Hwnw �nw q gSOSpG H�yi1f�IWMGNHwIwVM W 19 aOD N y 3 So Oo ooaoY00000 0 0 0 0 0 0 g g$ o a o S v0i o 0 R. o B. o c4i o o r o e o$ n n S$ n o$ g a o $Soo80o00$o 0 o n a� O8S�OHN t 0 OT N5 OCO,1000 W O1O1pp SO Ca �O OO OgNNq�-n C O On�801N I t G 1p l V O Aa0 W �y(; O O ap W aC O O W mn th V 19 OD Od OD O 00 O 01919 n m N G I h �uO1S O C N n�Ny C O r O G OG YIO 0 0 O Sw0 o O ww 01�w1`1 pp O q+ 1O Y �p tOOi �Oy ++1+1 z;s19N2«� 1I1rpr��O1Dh NN '�w NwHw» OogN$N ON taV0 N19 �pNNH�wHM�NH pSOONYNHHq�� WQ a .gym. 3 HH%su o a mZr O~O o O ono'-0O O m O O O O O O O S 00000 o 000 O 0 O N 0o N S 00 O o O O eo OG v0ig o�0nS goIS 000S000goo Gi 0 0 O S Mgg8wwHwY)t�HNNq'SH,Npwyiw0OHwOwCG yN �pC G 0 t�OpO� t1OpO Oo OQ QQ11yy m N 0 0N N N N OOSpO O NN t0N .G 1vyINNwN M p WIhNH m H q w H y O V w H H w p0 O O S S 8 8 O 8 N w O N O N 0 N 0 0 0 0 0 0 O S r 8 0 000 8 0 0 0 0 O OSS 0 0 W S O O O O O O O S O O N O O O O po O N S O O O OO S O W r O O S N 16 S w W N 8 O N O W N yy O I N O c D I G W 11 OO O O1 G C pp p N S G G pp y 0 C I G yy 1 t p Y I O O N 19 I I C n �- N H G G N M M 0 l V G N W G C O O T e 0 C 0 O N of Oi V n w O S O O O N O a D 00 1� N N O t 7 n m O N N 010 a D N O 0 NtO Y T 0 N O N N N G N N n n 0 O S N N O N c D 0 N a D A O O Y 10 N O Wl 1 N9 H O N O b N n Gj 81011pp ��ppN HmNN) wOl aa O� OwO� NNgH��Mnm yNy W Mwgn8�01 t9 W w m C 0 p ...... 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C o w �N EEENN V N H mQ yU a � Ct p `m y mlom lV NN�LL'KK prrr pWmW �'OOUO EY m C m c m O m j c C V X� W p p_ C J m m CJ J -22g O N U L U U� O W �_,NNl O d m r%i lili 8 cWt0 ,Z m O �0¢¢a==x'Q a c m ^'dm �533�¢�rcrcrcxoaaaaa >>> >>>>a o EEEE._ 0 0 o T@ G u~ m y._._'_ u mmmmr ._ 12.2 ca S3 `v o w t m 'a 33a¢¢�xaag m ayiELL0 02Q< gay' vigLLba �ci cyia=a'Q Nt7 d�0ron ap W O �N"^10 �m010� N N N C'lYNy N N N N CD N N W O N OI Nw aNronao W O �-' :!Yf y' yOIO�Nwf N N N h N N N 97 OD Vendor Name -> Location ------> Bid 1 Tucci & Sons, Inc. Tacoma WA Bid 2 Lakeside Industries Covin on WA Bid 3 Woodworth & Company Pu allu WA Bid 4 ICON Materials Tukwila WA Bid 5 Watson Asphalt Paving Co., Inc. Redmond WA Engineers Estimate SCHEDULE E - LAKOTA TRAILS 1 Mobilization 1 LS 1 $11,110.00 $1 t 110.00 $21,000.00 $21.000.00 $29.000.00 S29.000.00 $110.000.00 $110.000.00 $70,000.00 $70,000.0 $20,487.46 $20.487.46 2 Flaggers and Spotters 400 HR 1 12.00 $16,800.00 $42.00 $16,8110.00 $42.00 $16,800.00 $42.00 $16,800.00 $42.00 $16,800.0 $42.00 $16,800. 3 Other Traffic Control Labor 80 HR 1 $42.00 $3.360.00 $42.00 $3,365.55 $42.00 $3.360.00 $42.00 $3,360&0 $42.00 $3,360. $42.00 $3,360.00 4 As haWCement Concrete Sawcuttin 1086 LF $0.01 $10.86 $0.01 $10.86 $1.50 $1,629.00 $0.01 $10.86 $0.01 $10.86 $0.05 $54.30 5 Roadwa Excavation Inc. Haul 30 CY $86.00 $2,580.00 $7.50 $225.00 $140.00 $4,200.00 $36.00 $1,080.00 $70.00 $2,100.00 $60.00 $1,800.00 6 Construction Geolextile for Separation 87 SY $0.50 $43.50 $0.10 $8.70 $1.00 $87.00 $0.50 $43.50 $1.00 $87.00 $0.75 $65.25 7 CSTC for Pavement Repair & Roadway Widening,Inc. Haul 27 TN $16.00 $432.00 $10. GO $270.00 $39.00 $1,053.00 $14.00 5378.00 $45.00 $1,215.00 $12.50 $337.50 8 Planing of Bituminous Pavement 7615 SY $2.70 $20,560.50 $2.74 $20,865.10 $2.80 $21,322&00 $2.20 $16,753.00 54.50 $34,267.60 $3.50 $26,652.5 9 HMA Class 1/2" PG 64-22 1670 TN $62.45 $104,291.50 $66.00 $110.220.00 $73.15 $122,160.501 $78.00 $130,260.00 $85.00 $141,950.00 $64.00 $106,880&0 10 HMA Class 1/2" PG 6422 for Pavement Re air & Roadway 110 TN $137.00 $15,070.00 $100.00 $11,000.00 $105.00 $11,550&00 $90&001 $9 900.00 $110.00N$29 100.00 $110.00 $12.100&00 11 HMA Class 1/2" PG 6422 for PreleveNn 20 TN $62.45 $1,249.00 $66.00 $1,320.00 $73.15 $1 463.00 $78.00 $1,560.00 $85.00700.00 $64.00 $1,280.00 12 PavingFabric 7935 SY $2.90 $23,011.50 $3.60 $28,566.00 $3.15 S24,995.25 $3.45 $27,375.75 $3,50772.50 52.50 $19,837.50 13 Ad6ust Manholes 8 EA $300.00 $1,800.00 $345.00 $2,070.00 $345.00 $2,070.00 $300.00 $1,800.00 $500.00000.00 $400.00 $2.400.001 14 Ad4ust Catch Basins 1 FA $300.00 00.00 $345.00 $345.00 $345.00 $345.00 $300.00 $300.00 $425.00425.00 $400.00 $400.00 15 Ad'ust ExistingMonument Case & Cover 28 EA $250.00 $7,000.00 $245.00 $6,860.00 $245.00 $6,860.00 $250.00 $7,000.00 $400.00200.00 $300.00 $8400.00 16 Wheel Chair Ram T 1 Complete 9 EA $1,800.00 $16,200.00 $2,250.00 $20,250.00 $1,900.00 $17,100.00 $1,200.00 $10,800.00 $3,300M700.00 $1 975.00 $17775.00 17 Wheel Chair Ram T 2 Com lete 23 EA $2 100.00 $48 300.00 $2 250.00 $51 750.00 $1 600.00 $36800.00 $1200.00 $27600.00 $3 500.00500.00 $2 075.00 $47,725.00 18 Removal and Re lacement of Extruded Cement Concrete Curb 498 LF $10.50 5 229.00 $10.00 $4 980.00 $8.60 $4 282.80 $6.00 S2988.00 $15.00470.00 $12.00 $5 976.00 19 Removal and Replacement of Concrete Curb & Gutter 305 LF $38.00 $11.590.001 $31.80 $9 699.00 $28.25 $8.616.251 $25.00 $T625.001 $75.00 $22,875.00 $42.00 $12810.00 20 Removal and Replacement of Concrete Sidewalk 82 SY $62.00S5 084.00 $49.00 $4,018.00 $38.00 $3116.00 $50.00 $4.100&00 $150.00 $12 300.00 $60.00 $4920.00 21 Removal and Replacement of Concrete A roach 25 SY $59.00 $1 475.00 $58.00 $1 450.00 $85.00 $2 125.00 $60.00 $1,500.00 $125.00 $3 125.00 $65.00 $1 625.00 22 Hydrant Marker T 2B 10 FA $8.00 $80.00 $8.00 $80.00 $8.00 $80.00 $8.00 $80.00 $22.00 $220.00 $20.00 $200.00 23 Sod 32 SY $60.00 $1,920.00 $25.00 $800.00 $50.00 $1600.00 $5.00 $160.00 $50.00 sign $40.00 $1,280.00 Subtotal Schedule E $297 Age as 5315 947.66 $320614.80 5381 474.11 $483 777.86 $313 165.61 SCHEDULE F - DECATUR GLEN 1 Mobilization 1 LS $11,375.00 $11,375.00 $18,500.00 S22,500.00 $22,500.00 $72 000.00 $72,000.00 $58,000.00 $58,000.00 $15,369.14 $15,309A4 2 Flatiliers and Spotters 325 HR $42.00 $13,650.00 _$18,500.00 $42.00 $13,650.00 $42.00 $13,650.00 $42.00 $13,650.00 $42.00 $13,650.00 $42.00 $13,650.00 3 Other Traffic Control Labor 75 HR $42.00 $3,150&00 $42.00 $3,150.00 $42.00 $3,150.00 $42.00 $3,150.00 $42.00 $3,150.00 $42.00 $3,150.00 4 Roadside Cleanup 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2 000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2 D00.00 $2 000.00 $2.000.00 5 As halUCement Concrete Sawcuttin 424 LF $0.01 $4.24 $0.01 $4.24 $1.50 $636.00 $0.01 $4.24 $0.01 $4.24 $0.05 $21.20 6 Roadway Excavation Incl. Haul 20 CY $5200 $1,040.00 $7.50 $150.00 $140.00 $2,800.00 $40.00 $800.00 $70.00 $1,400.00 $60.00 $1,200.0 7 Construction Geotextile for Separation 30 SY $0.50 $15.00 $0.10 $3.00 $1.00 $30.00 $0.50 $15.00 $1.00 $30.00 $0.75 $22.50 8 CSTC for Pavement Repair & Widenina, Incl. Haul 10 TN $30.00 $300.00 $10.00 $100.00 $39.00 $390.00 $20.00 $200.00 $45.00 $450.00 $12.50 $125.00 9 Planina of Bituminous Pavement 6683PEA $3.05 $20,383.15 $2.67 $17.843.611 $2.80 $18,712.40 $2.60 $17.375.80 $4.511 $30.073.50 $3.50 $23,390.50 10 HMA Class 1/2" PG 6422 1310 $64.00 $83,840.00 $66.00 $86 460.00 $73.15 $95,826.50 - $72.00 $94,320.00 $85.00 $111,350.00 $64.00 $83,840.0 11 HMA Class 1/2" PG 64-22 for Pavement Repair & Roadway 70 $194.00 $13,580.00 $100.00 $7,000.00 $105.00 $7,350.00 $92.00 $e 440.00 $110.00 $7 700.00 $110.00 $7,700. 12 HMA Class 1/2" PG 6422 for Prelevelin 10 $64.00 $640.00 $66.00 $680.00 $73.15 $731.50 $72.00 $720.00 $85.00 $850.00 $64.00 $640.00 13 Pavi Fabric 6968 $2.90 $20,207.20 $3.60 $25,084.80 $3.15 $21,949.20 $3.45 $24,039.60 $3.50 $24,388.00 $2.50 $17,420.00 14 Adjust Manholes 1 $300.00 $300.00 $345.00 $345.00 $345.00 $345.00 $300.00 $300.00 $500.00 $500.00 $400.00 $400.00 15 Ad usi Catch Basins 1 $300.00 $300.00 $345.00 $345.00 345.00 $345.00 $300.00 $300.00 $500.00 $500.00 $400.00 $400.00 16 Ad ust Existin Monument Case & Cover 21 $250.00 $5,250.00 $245.00 $5,145.00 $245.00 $5,145.00 $250.00 $5,250.00 $425.00 $8,925.00 $300.00 $6,300.00 17 Wheel Chair Ram Type 1 Complete 9 S2 000.00 S18 000.00 $2,250.00 S20,250.00 $1.900.G0 $17.100.00 $1,200.00 $10.800.00 $3,300.00 $29,700.00 $1,975.00 i17,775.00 18 Wheel Chair Ram T 2 Complete 10 $2,170.00 $21,700.00 $2.250.00 $22,500.00 $1 600.00 $16,000.00 $1,200.00 $12,000.00 $3,500.00 $35 ODO.00 $2.075.00 $20,750.00 19 Truncated Dome Retrofit 2 EA I $500.00 $1.01)(1.00 $890.00 $1.700.001 $1,300.00 $2,600.D0 $700.00 $1 400.00 $600.001 $1,200.00 $500.00 $1,01)(1.00 20 Removal and Replacement of Extruded Cement Concrete Curb 225 LF $10.50 $2,362.50 $10.00 $2.250&00 $8.60 $1,935.00 $6.00 $1,350.00 $15.00 $3,375.00 $12.00 $2,700.00 21 Removal and Replacement of Concrete Curb & Gutter 38 LF $27.50 $1,045.00 $31.80 $1,208.40 $28.25 $1,073.50 S40.D0 $1,520.00 $90.00 $3,420.00 $42.00 $1,596.001 22 Removal and Replacement of Concrete Sidewalk 40 SY $48.00 $1,920.00 $49.00 $1,960.00 $38.00 $1,520.00 $50.00 $2,000.00 $150.00 $6,000.00 $60.00 $2,400.00 23 Hydrant Marker, Type 2B 6 EA $8.00 $48.00 .00 t48.00 $&DO $48.00 $8.00 $48.00 $22.00 $132.00 $20.00 $120.00 24 Detector Loops 7 EA $472.00 $3,3D4.00 $485.00 $3,395.00 $560.00 $3,920.00 $800.00 $4,200.00 $650.00 $4,550.00 $550.00 $3,850.00 25 Point Line 118 LF $1.00 $118.00 $1.00 $118.00 $1.25 $147.50 $1.00 $118.00 $2.20 $259.60 $1.75 $206.50 26 1 Plastic Traffic Arrow 1 EA $56.00 $56.00 $56.00 $56.00 $58.00 $56.00 $56.00 $56.00 $55.00 $55.00 $50.00 $50.00 27 Plastic Sic Line 75 LF $5.00 $375.00 $5.00 $375.00 $5.00 $375.00 $5.00 $375.00 $4.40 $330.00 $4.00 $300.00 28 Painted Wide Line 38 1 LF $2.001 $76.00 $2.00 $76.00 52.00 $76.00 $2.00 $76.001 $2.20 $83.60 $3.75 $142.50 29 Plastic Letter 5EA $45.00 $225.00 $45.00 5225.00 $50.00 250.00 $45.00 $225.00 $35.00 $175.00 $50.00 $250.00 30 Plastic Crosswalk Line 180 LF $2.25 $405.00 $2.25 $405.00 $2.25 $405.00 $2.25 $405.00 $2.20 $396.00 $2.00 $360.00 31 Speed Hump, Complete 3 1 EA 1 $1,100.001 $3,300.00 $2,000.00 8 000.00 $'002 $2,125.00 $6,37&00 $2,500.00 $7,500.00 $3,000.00 $9,000.00 52 400.00 $7.20 32 Sod 15 SY $60.00 $900.00 525.00 $375.00 50.00 $750.00 $5.00 $75.00 $50.00 $750.00 $40.001$600.00 Subtotal Schedule F $230,86909 $241 482.05 S24a 191.80 $282 712.64 5367 396.94 $234 929.34 Page 3 of 4 Vendor Name ---> Location ---> Bid 1 Tucci & Sons, Inc. Tacoma WA Bid 2 Lakeside Industries Covington, WA Bid 3 Woodworth & Company Pu allu WA Bid 4 ICON Materials Tukwila WA Bid 5 Watson Asphalt Paving Co., Inc. Redm Intl WA Engineers Estimate SCHEDULE G - 21ST AVE SW SW 339TH ST to SW 346TH ST 1 I Mobilization 1 LS $14,540.110 $14,540.00 $20,000.00$20,000.00 $29,00000 $29,000.00 $40,0000 $40,000-00 $60,000.00 $60,000.00 $18,905.34 $18.905. 2 Traffic Control Labor 870 HR $42.00 $38,540.00 $42.00 $36,540.00 $42.00 $36,540.00 $42.00 $36,540.00 $42.00 $36,540.00 $42.00 $36,540.0 3 Other Traffic Control Labor 100 HR $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.00 $42.00 $4,200.0 4 Off DutyUniformed Police Officer 96 HR $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5,928.00 $61.75 $5.928.00 5 Asphalt/Cement Concrete Sawcuttin 57 LF $0.01 $0.57 $0.01 $0.57 $1.50 $85.50 $0.01 $0.57 $0.01 $0.57 $0.05 $2.85 8 RoadwayExcavation Incl, Haul 3.5 CY $140.00 $490.00 $250.00 $875.00 $140.00 $490.00 $100.00 $350.00 $70.00 $245.00 $25.00 $87.50 7 Planingof Bituminous Pavement 5500 SY $3.60 $19,800.00 $2.59 $14,245.00 $2.80 $15,400.00 $2.45 $13.475.001 $6.00 $33,000.00 $3.50 $19,250.0 8 HMA Class 112" PG 64-22 2051 TN $60.80 $124,700.80 $61.00 $125,111.00 $73.15 $150,030.65 $88.00 $135,366.00 $80.00 $164,080.00 $64.00 $131,264.0 9 HMA Class 1/2" PG 64-22 for Pavement Re air & Roadway35 TN $150.00 $5,250.00 $100.00 $3.500.001 $105.00 $3,675.00 $75.00 $2,625.00 $110.00 $3,850.00 $110.00 $3,850.0 10 PavingFabric 4867 SY $2.90 $14,114.30 $3.60 $17.521.20 $3.15 $15.331.05 $3.55 $17,277.85 $3.50 $17,034.50 $2.50 $12,167.50 11 Ad ust Existing Monument Case & Cover 2 1 EA 1 $250.00 $500.00 $245.00 $490.00 $245.00 $490.00 $250.00 $500.00 $400.00 $800.00 $300.001 $600.00 12 Wheel Chair Ramp TV 2 Complete 6 EA $2,070.00 $12,420.00 $2,250.00 $13,500.00 $1,600.00 $9,600.00 $1,200.00 $7,200,00 $3,500.00 $21,000.00 $2,075.00 $12,450.00 13 Truncated Dome Retrofit 10 EA $500.00 $5 000.00 $890.00 $8,900.00 $1,300.00 $13,000.00 $700.00 $7,000.00 $600.00 $6,000.00 $500.00 $5.000.00 14 Removal and Replacement of Concrete Sidewalk 3 SY $30.00 $90.00 $49.00 $147.00 $38.00 $114.00 $100.00 $300.00 $250.00 $750.00 $60.00 $180.00 15 Raised Pavement Marker Type 2 3.4 HUND $365.00 $1241.00 $365.00 $1241.00 $365.00 $1241.00 $365.00 $1241.00 $385.00 $1,309.00 $350.00 $1,190.00 16 Hydrant Marker TVpe 2B 2 EA $8.00 $16.00 $8.00 $16.00 $8.00 $16.001 $8.00 $16.00 $22.00 $44.00 $20.00 $40.00 17 Detector Loops 22 EA $463.00 $10186.00 $492.00 $10,824.00 $560.00 $12,320.00 $550.00 $12.100.00 $650.00 $14,300.00 $550.00 $12,100.00 18 Plastic Line 10334 LF $1.23 $12,710.82 $1.23 $12,710.82 $1.25 $12,917.50 $1.23 $12,710,82 $1.50 $15,501.00 $1.75 $16 084.50 19 Plastic Traffic Arrow 16 E4 $56.00 $896.00 $56.00 $896.00 $56.00 $896.00 $56.00 $896.00 $55.00 $880.00 $50.00 $800.00 20 Plastic Sto Line 114 LF $5.00 $570.00 $5.00 $570.00 $5.00 $570.00 $5.00 $570.00 $4.40 $501.60 $4.00 $458.00 21 Plastic Crosswalk Line 700 LF $2.25 $1,575.00 $2.25 $1,575.00 $2.25 $1 575.00 $2.25 $1,575.0 $2.20 $1,540.00 $2.00 $1,400.00 22 Plastic Wide Line 324 LF $4.00 $1,296.00 $4.00 $1,290-00 $2.00 $648.00 $4.00 $1,296.00 $4.20 $1,360.80 $4.00 $1,296.00 23 Sod 16 SY $60.00 $960.00 $25.00 $400.00 $50.00 $800.00 $5.00 $80.00 $50.00 $800.00 $40.00 $640.00 24 Portable Changeable Message Sin EEE30 DAY $85.00 $1,950.00 $50.00 $1,500.00 $220.00 $6,600.00 $100.00 $3,000.00 $120.00 $3,600.00 $85.00 112,550.00 Subtotal Schedule G $274 974.49 $281 986.59 $321,467.70 $304,247.24 $393 264.47 $28:8;981.69 SCHEDULE H - 21ST AVE SW SW 346TH ST to SW 348TH ST 1 Mobilization 1 LS $11 900.00 $11,900.00 $10,500.00 $10,500.00N$140.00 $14,500.00 $35 000.00 $35.000.00 $38,000.00 $38,000.00 $9,053.47 $9,053.47 2 Traffic Control Labor 365 HR $42.00 $15,330.00 $42.00 $15,330.00 $15,330.00 $42.00 $15.50.00 $42.00 $15,330.00 $42.00 $15,330.00 3 Other Traffic Control Labor 50 HR $42.00 $2,100.00 2.00 $2,100.00 $2,100.00 $42.00 $2,100.00 $42.00 $2,100.00 $42.00 $2.100.00 4 Off DutyUniformed Police Officer 64 HR $61.75 $3,952.00 $61.75 $3,952.00 $3,952.00 $61.75 $3,952.00 $61.75 $3 952.00 $61.75 $3,952.00 5 As alt/Cement Concrete Sawcuttin 40 LF $0.01 $0.40 $0.01 $0.40 $60.00 $0.01 $0.40 $0.01 $0.40 $0.05 $2.00 6 RoadwayExcavation Incl. Haul 3 CY $140.00 $420.00 $250.00 $750.00 $420.00 $100.00 $300.00 $70.00 $210.00 $25.00 $75.00 7 Planin of Bituminous Pavement 2960 SY $3.85 $11 396.00 $2.67 $7903.20 $8,288.00 $2.90 $0 584.00 $7.00 $20720.00 $3.50 $10 360.0HMA Class 1/2" PG 64.22 875 TN $80.80 $53200.00 $61.00 $53 375.00 $64,006.25 $69.00 $60,375.00 $85.00 $74 375.00 $64.00 $56,000.00 9 HMA Class 1/2" PG 64-22 for Pavement Repair & Roadwav 35 TN 1 $150.001 $5,250.00 $100.00 $3.500.00. $105.00 $3,675.001 $81.00 $2,835.00 $110.00 $3,850.00 $110.00 $3,850.00 10 HMA Class 1/2" PG 64-22 for Preleveling 25 TN $60.80 $1,520.00 $61.00 $1,525.00 $73.15 $1.828.754$69.00,$1 725.00 $85.00 32 125.00 $64.00 $1 600.00 11 Pavin Fabric 2187 SY $2.90 $6 342.30 $3.60 $7,873.20 $3.15 $6,889.05 80 $8,310.60 $3.50 $7,654.50 $2.50 $5,467.5 12 Adjust Manholes 2 EA $300.00 $600.00 $345.00 $690.00 $345.00 $690.0000 $600.00 $500.00 $1,000.00 $400.00 $800.00 13 Adjust Catch Basins 2 EA $300.00 $600.00 $345.00 $690.00 $345.00 $690.0000 $600.00 $500.00 $1,000.00 $400.00 - $800.00 14 Adjust ExistingMonument Case & Cover 3 EA $250.00 $750.00 $245.00 $735.00 $245.00 $735.0000 $750.00 $450.00 $1,350.00 $300.00 $900.00 15 Wheel Chair Ram T 1 Complete 1 EA $2,000.00. $2,000.00 $2,250.00 $2,250.00 $1,900.00 $1,900.00 00 $1,200.00 $3,300.00 $3,300.00 $1,975.00 $1,975.00 16 Wheel Chair Ram T 2 Complete 2 EA $2,070.00 $4,140.00 S2,250.00 $4,500.00 $1,600.00 $3,200.00 00 $2,400.00 $3,500.00 $7,000.00 $2,075.00 $4,150.00 17 Truncated Dome Retrofit 9 EA $500.00 $4,500.00 $890.00 $8,010.00 $1,300.00 $11,700.00 00 $6,300.00 $600.00 $5.400.001 $500.00 $4,500.00 18 Removal and Replacement of Concrete Sidewalk 16 SY $33.00 $528.00 $49.00 $784.00 $38.00 $608.0000 $1,600.00 $250.00 $4.000.001 $60.00 $980.00 19 Raised Pavement Marker Type 2 1.6 HUND $365.00 $584.00 $365.001 $584.00 $365.00 $584.00 $365.00 $584.00 $385.00 $616.00 $350.00 $560.00 20 Hydrant Marker Type 2B 2 EA $8.00 $16.00 $8.00 $16.00 $8.00 $16.001 $8.00 $16.00 $22.00 $44.00 $20.00 $40.00 21 Detector Loops 8 EA $426.00 $3,408.00 $506.00 $4,048.00 $560.00 $4,480.00 $550.00 $4,400.00 $650.00 $5,200.00 $550.00 $4,400.50 22 Plastic Line 4505 LF $1.23 $5,541.15 $1.23 $5,541.15 $1.25 $5,631.25 $1.23 $5,541.15 $1.50 $8,757.50 $1.75 $7,883.75 23 Plastic Traffic Arrow 2 EA $56.00 $112.00 $56.00 $112.00 $56.00 $112.00 $56.00 $112.00 $55.00 $110.00 $50.00 $100.00 24 Plastic Stop Line 50 LF $5.00 $250.00 $5.00 $250.00 $5.00 $250.00 $5.00 $250.00 $4.40 $220.00 $4.00 $200.00 25 Plastic Crosswalk Line 360 LF $2.25 $810.00 $2.25 $810.00 $2.25 $810.00 $2.25 $810.00 $2.20 $792.00 $2.00 $720.00 26 Sod 10 SY $60.00 00.00 $25.00 50.00 $50.00 $500.00 $5.00 $50.00 $50.00 $500.00 $40.00 $400.00 27 Portable Cha able Me a Si n 26 DAY $85.00 $1,690.00 $50.00 $1,300.00 $220.00 S5,720.00 $100.00 $2 600.00 $120.00 >a 120.00 $85.00 $2,210.0 Subtotal Schedule H 1 $1137.539.851 $1371378.961 $158.675.30 $166.325.1E 1 1203,726.401$138,388.72 TOTAL Bid Signature Bid Bond References $2.122.351.651 YES YES YES YES YES YES 2196 926.07 $2.414.046.601 YES YES YES I $2.600.413.561 YES YES YES $3.070.1149.29 YES YES YES $2.214.235.37 Page 4 of 4 COUNCIL MEETING DATES: March 15, 2011 & April 5, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO FEDERAL WAY REVISED CODE (FWRC) 19.140 REGARDING REAL ESTATE SIGNS WITHIN RIGHTS-OF-WAY OF RESIDENTIAL ZONING DISTRICTS. POLICY QUESTION: Should the City of Federal Way approve amendments to Federal Way Revised Code (FWRC), Chapter 19, and add FWRC 19.140.095 which establishes a pilot program that allows real estate signs in the right-of-way of residential zoning districts, subject to specific standards? COMMITTEE: Land Use & Transportation Committee (LUTC) MEETING DATE: March 7, 2011 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Deb Barker, Senior Planner DEPT: Community & Economic Development. ----........_.._...................................._...._...._.........._..__......._._..............__..._._.._.......__._..........._..._.........._......_...................._.._...._............................................... - - .._........._._.__...._.. _... — ......_...._._ .. _ Background: On November 15, 2010, the LUTC 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, the City Council voted to return the sign code amendment to the LUTC for further evaluation due to concerns about potential adverse impacts. This amendment was pulled from the February 7, 2011 LUTC agenda and moved to the next meeting. 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; (4) Minutes from the January 4, 2011 City Council meeting (replacing the rescheduled December 21, 2010 City Council meeting); and (5) Minutes from the February 7, 2011 LUTC meeting. Options Considered: 1) Forward the Draft Adoption Ordinance with recommendation of approval; 2) Amend the Draft Adoption Ordinance and forward with recommendation of approval; or 3) Provide_ direction to staff.. _ MAYOR'S RECOMMENDATION: The Mayor recommends that the Council approve Option #1; and forward the Draft Adoption Ordinance with a recommendation of approval. MAYOR APPROVAL: /my DIRECTOR APPROVAL: I&1Z Committee Council om ee Council COMMITTEE RECOMMENDATION: I move to adopt the Draft Adoption Ordinance and forward the proposed adoption ordinance to First Reading on March 15, 2011. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (MARCH 15,2011): "I move to forward the adoption ordinance to Second Reading for enactment on the April 5, 2011 consent agenda. " 2" READING OF ORDINANCE (APRIL 5, 2011): "1 move to approve the code amendment, contained in the Adoption Ordinance. " (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 — 08/12/2010 RESOLUTION # 100 Attachment 41 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to implementation of a pilot program that permits real estate signs in the right-of-way of residential zoning districts; adding a new section FWRC 19.140.095. 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, portable signs are permitted outright in the public right-of-way throughout the City, subject to standards, but prohibited from street medians and street side planter strips pursuant to FWRC 19.140.060(29)(h); and WHEREAS, it has been noted that in some residential areas of the City those portions of the public right-of-way not used for vehicle, bike or pedestrian travel are the only locations to safely locate real estate signs that advertise and direct traffic to residences that are for sale, lease or rent; and WHEREAS, it is in the public interest for the City Council to adopt new language which clarifies and/or establishes development regulations for portable signs, including real estate signs, within the City of Federal Way; and Ordinance No. 11 - 101 Page 1 of 7 Rev 1/10 LU WHEREAS, an overall housing goal for the City's comprehensive plan is to preserve and protect the City's high quality residential neighborhoods, and one of the factors of neighborhood preservation is the ability to sell, lease or rent residences as opposed to allowing the residences to become abandoned or go into foreclosure; and WHEREAS, the Federal government has identified certain areas of the City that are eligible for Neighborhood Stabilization Program funding to stabilize housing in those areas; and WHEREAS, the inability to advertise and direct traffic to residences that are for sale, lease or rent, combined with the current housing crisis, is adverse to the City's goal of neighborhood preservation and stabilization; and WHEREAS, allowing real estate signs in certain areas of the public right-of-way of residential zoning districts is identified as one option to encourage the sale, lease or rent of residences; and WHEREAS, the City Council has determined that a pilot program should be implemented that would allow real estate signs to be located within the public right-of-way of residential zoning districts, subject to specific standards, in order to assess its effectiveness at addressing the City's goal of neighborhood stabilization; and WHEREAS, this pilot program has taken into consideration impacts to drivers and the general public by limiting the height and size of real estate signs and prohibiting features that distract or impede traffic; and WHEREAS, on October 26, 2010, the City properly issued an addendum to the Environmental Determination of Nonsignificance (DNS), previously issued on August 20, 2008, noting that under certain conditions, signs could be permitted within the right-of-way; and Ordinance No. I I - 102 Page 2 of 7 Rev 1/10 LU 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 March 7, 2011, and recommended adoption of the text amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings. 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 real estate signs to be located outright within the right-of-way of residential zoning districts only. (b) This code amendment complies with Chapter 36.70A RCW, Growth Management. Ordinance No. I I - 103 Page 3 of 7 Rev 1/10 LU (c) This code amendment is consistent with the intent and purpose of Title 19 FWRC and is consistent with and will substantially implement applicable provisions of the Federal Way Comprehensive Plan. (d) This code amendment bears a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) This code amendment follows 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 inSection1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendment is consistent with, and will substantially implement, the following Federal Way Comprehensive Plan goals and policies: Overall Housing Goal - Preserve and protect Federal Way's existing high quality residential neighborhoods and promote a variety of opportunities to meet the housing needs of all residents of the community and region. LUG -1. Improve the appearance and function of the built environment. LUG -3. Preserve and protect Federal Way's single-family neighborhoods. LUP -11. Support the continuation of a strong residential community. LUP -14. Maintain and protect the character of existing and future single-family neighborhoods through strict enforcement of the City's land use regulations. EDP -2. The City will continue to seek high-quality urban design and infrastructure standards for these areas. Ordinance No. 11 - 104 Page 4 of 7 Rev 1/10 LU 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 the recommended height of real estate signs in residential zoning districts communicates useful information but does not detract from traffic safety; (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it promotes an increase in the occupancy of residential zoning districts and supports the economic vitality of the city; Section 3. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a new section 19.140.095 to read as follows: 19.140.095 Residential zone signs - Real estate signs within rights-of-way. (1) Purpose. The purpose of this section is to: (1) acknowledge that adverse impacts of the current housing crisis have resulted in numerous home foreclosures as well as houses remaining_ unsold for extended periods of time; (2) make it easier for owners to sell their property by increasing Mortunities for placement of real estate signs within residential zoning districts; (3) create a pilot program that permits real estate signs to be located within the public right-of- way, subject to specific standards and evaluate its effectiveness; (4) promote pedestrian and vehicular safety through design standards; (5) ensure compatibility with neighboring uses; and (6) set a sunset date for the pilot program. (2) Standards. Real estate signs in residential zoning districts are exempt from other provisions of this Chapter and may be located within the public right-of-way subject to the following standards: (a) Real estate signs are limited to signs advertising and/or directing traffic to residences that are for -sale, lease or rent; (b) Signs shall not block or impede the traveled portion of a roadway; parking lanes; driveways, sidewalks; transit stops; bicycle lanes; or areas used for travel by bicycles, wheelchairs; or pedestrians; (c) Signs shall not be placed in street medians; in traffic circles; or in similar traffic separation features; (d) No more than 10 real estate signs are allowed per residence; Ordinance No. I1 - 105 Page 5 of 7 Rev 1/10 LU (e) Signs shall not be affixed to the ground includingthrough the use of stakes or other means that may damage property (f) Signs shall neither exceed six square feet per sign face nor 30 inches in height; 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; (h) Signs shall 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; and balloons paper, cardboard plastic or perishable flexible or temporary materials of any kind shall not be taped stapled tacked nailed glued or otherwise affixed to the sib (i) Signs shall have a name and contact phone number or other contact information on them. (3) Expiration This section shall automatically expire and no longer be in effect on January 1, 2014. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ordinance No. I1 - 106 Page 6 of 7 Rev 1/10 LU 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- 107 Page 7 of 7 Rev 1/10 LU Attachment #2 4k CITY OF OZ�=P Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendment to Federal Kray Revised Code (FWRC) Chapter 19.140, "Signs" File No. 10 -104254 -00 -UP Planning Commission Meeting of November 3, 2010 BACKGROUND 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 to the conditions of FWRC 19.140.060(29xa) 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 located 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 -0f- 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 str-ikeeu and any proposed new language would be shown as underline. Under this amendment to 19.140.060(29), portable signs would be allowed in the street side planter strips of the right-of-way as follows: 108 (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; (f) 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 anght-distance triangle reserve area of any street side planter strips: asdepicted in the following�drawina; Face of curb, or if none exists, edge of'pav--L - a Sight distance triangle +y reserve areas. a 16 o • 1 d J T/j I(r Street siert d %MW triangle reserve areas. Face orcurb, or if aoae exists, edge of pavement FWRC 19140 060 (29) (g.1) 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. M. STAFF RECOMMENDATION 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. IV. REASON FOR PLANNING COMMISSION 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: 1. 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). 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. StWRVW to the Plwi M C0ffMisraa A.. debd to MRC 19.140. TWs 109 Dm t0.56153 IV, 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, FWRC. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goal: EDG-6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The comprehensive plan 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 relationship 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. V1. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text 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 FWRC text amendment not be adopted; or 4. Forward the proposed FWRC text amendment to City Council without a recommendation. Exhibit A — Amendment to Federal Way Revised Code Chapter 19.140-060, "Signs," with Proposed Language Changes. ShffRep d1.dwrANIU19C0=t$S= Ameupmpr 10 FWRC 19.140, SSm 110 Doc, LD. 56158 Page 3 ExHiBTT A - AMENDMENT TO FEDERAL WA YREVISED CODE (FW RC) CHAPTER 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 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. (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. 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) Fuel price signs. 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) Historical 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 stricture 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) 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. (2 1) Private advertising 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) Private 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 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. (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) Signs are allowed only between the hours of 9:00 am. 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; (f) 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; E%hibk A m Staff Reportto the Muming Coemiislion Revised FWRC 19.140.060. Signs 112 Doc. LD. 56159 Page 2 (g) Signs shall not be placed in street medians or within any sight -distance trianele reserve area of any street side planter strips as depicted in the following; drawing; Face of curb, or if now exists. edge of pavement Sigh distance triangle reserve areas. 4 � o J � I '30' Street Sight distance triangle reserve areas. t L r 3(r Face of curb. or if none exists, edge of pavement FWRC 19140 060 (29) la.1) 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. 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. 05-487, § 3,4-19-05; Ord No. 05486, § 3,4-19-05; Ord No. 99-357, § 5, 12-7-99; Ord No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(dx2).) EixWA A to StatrRapM W dro PLIMIAg CoMWbsiun Doe. LD. 56154 R4M=dFWRC19.140.06kSigns P 5 3 113 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 Barker, City Traffic Engineer Rick Perez, Associate Planner Matt Herrera, Assistant City Attorney Peter Beckwith, and Administrative Assistant Darlene LeMaster. CALL TO ORDER Vice -Chair Elder called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Elder, Medhurst, Bronson and Long present. Commissioners Pfeifer, O'Neil and Carlson were excused. APPROVAL OF MINUTES The minutes of October 20, 2010 were approved as written. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None PUBLIC HEARING — Amendment to the Federal Way Revised Code (FNVRC) 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, 29839 1 54`k 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 buyers, especially first 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. Commissioner Long moved to recommend adoptionf the Federal Way Revised Code (FWRC) 19.140.060 (29) text amendment, in regard to Portable Signs as pressed by staff. Commissioner Bronson second. Motion Planning Commission Minutes Page 2 November 3, 2010 carried, 4 -0 - Vice -Chair Elder closed the public hearing. PUBLIC HEAIUNG — Zoning and Development Code Amendments Related to the Keeping of Fowl and Rabbits Vice -Chair Elder explained the guidelines for the Public Hearing. 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. Mr. Herrera presented the staff recommendation: • Ban roosters in all areas of the city with the exception of Suburban Estate (SE) zoned lots. • 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 current policy of four rabbits for lots less than 35,000 s.f. There were two public comments: Alissa Hansen, 356 S 304' Place, Federal Way — Ms_ Hansen asked 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 ]Vh Place SFV Federal Way — Mr. Bartholomew was very happy with staffs recommendations. He asked the Commission to consider reducing the period of time for residents to comply with no roosters from two years to one. 11r_ Bartholomew asked if a chicken coop must be fully 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 nm wild outside of their own yard. Mr. Bartholomew hopes that allowing chickens to roam outside of their coops will not create code compliance issues. As for rabbits, Mr. Bartholomew supports a ten foot setback for rabbit hutches as well Vice -Chair Elder asked for questions or comments from the Commissioners. Commissioner 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-family 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 clarification on the allowed amount of chickens and/or ducks. Mr. Herrera confirmed 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 that 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 Commissioner 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 familjj§)re than enough egg production. Commissioner Bronson wanted to clarify what was meant in his earlier comment regarding chicken coops. Planning 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. Herrera 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 residential 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 problems 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 carried, 4-0. Vice -Chair Elder closed the public hearing ADDITIONAL BUSINESS/PUBLIC COMMENT None ADJOURN The meeting was adjourned at 7:47 p.m. 116 Attachment 94 Cl" of Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council 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, Deputy Mayor Dini Dudos, 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 ALLEGIANCE Councilmember Ferrell led the pledge of allegiance. 3. PRESENTATIONS a. Proclamation: National Mentoring Month Councilmember Freeman read the proclamation into the record and presented it to Doug Baxter from Communities in Schools Federal Way. Mr. Baxter thanked the Council for recognizing National Mentoring Month and spoke to the importance of mentoring in the community. b. Kind County Solid Waste Interlocal Agreement — Information only 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 potential revisions to the agreements such as extending the terms so King County can obtain bond financing for transfer system reconstruction. The Council 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 Council Minutes —January 4, 2011 Regular Meeting 117 Page l of 6 c. Mayor Emerging Issues f Introduction of New Employees Mayor Priest stated there were no emerging issues or new employee introductions. 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE f3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Nancy Combs spoke regarding missed garbage collection dates last week. She also 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`x' Place South. He would like the Councils assistance in negotiating alternate routes for the buses. Donald Barovic thanked staff for their assistance in keeping storm drains on his property clean. He spoke regarding Waste Management's level of service and the proposed chickenlduck ordinance. Molly McGruder voiced her concerns with buses being routed on 130' Place South. Jackie Muth shared her concerns regarding routing buses on 13th Place South Sam Pace spoke regarding item 7d. He feels there are simple solutions to address the Council's concerns 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 Items listed below have been previously reviewed in their entirely by a Council Committee of three members and brought before full Council for approval, all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: December 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 Inc., 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, 2011 Regular Meeting 118 Page 2 of 6 MOTION: Deputy Mayor Duclos moved approval of items 5a through 5c. Councilmember Dovey 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 through Council Committee approval. The vouchers, are items paid between November 16, 2010 and December 15, 2010 totaling $3,355,361.29 MOTION: Councilmember Park moved approval of the vouchers. Councilmember Burbidge second. VOTE: Motion carried 7-0. b. Monthly 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. Major revenues below year-to-date budget include gambling and utility tax. The Federal 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 Dovey second. VOTE: Motion carried 7-0. c. Legislative Agenda 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. The revised Legislative Agenda before Council takes into consideration the State's financial challenges and does not request new funding. In 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 carred 7-0. 7. ORDINANCES FIRST READING: a. CB 563. 2010 Comprehensive Plan Amendments Related to the Performing Arts Center and Competitive Sports Center An ordinance of the City of Federal Way, Washington, relating to amendments to the City's Comprehensive Plan City Council Minutes — January 4. 2011 Regular Meeting 119 Page 3 of 6 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 Housekeeping References to City Manager An ordinance of the City of Federal Way, Washington, relating to reflecting the change of government 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; 9.18.120; 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 Attorney 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 objections. 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 option to vote to incorporate the Mayor's objections, or override the veto with a majority plus one vote. The Council discussed the veto process and deferred the issue to the January 25, 2010 FEDRAC meeting for further discussion. SECOND READING: c. CB 560• Zoning and Development Code Text Amendments Related to Keeoinq Chicken and Ducks An ordinance of the City of Federal 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 Signs 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 19.140.060. City Council Minutes — January' 4, 2011 Regular Meeting 120 Page 4 of 6 MOTION: Deputy Mayor 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 fully address the issue. Councilmember Kochmar second. Vote: Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Ferrell 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 Dovey reported on the upcoming Lodging Tax Advisory Committee retreat that will be held on January 18, 2011. Councilmember Burbidge reported the next PRHSPS meeting 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 upcoming 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 following 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 Development Director and will oversee the Building Official and the Planning Manager. Patrick Doherty will fill this position. • The Administrative Services Director will oversee Government Affairs, Civic Center, the Human Services Manager, the Information Technology Manager and City Council Minutes —January 4, 2011 Regular Meeting Page S of 6 121 the Human Resources Director. • Jean Stanley will fill 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 adjourned the meeting at 8:55 p.m. ATTEST: _�Iawdf 002IJ 1 Carol McNeilly, CMCI City Cl Approved by Council: January 18, 2011 City Council Minutes —January 4. 2011 Regular Meeting 122 Page 6 of 6 City of Federal Way Attachment #5 City Council Land Use/Transportation Committee February 7, 2011 City Hall 6:00 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Linda Kochmar, and Committee Member Jack Dovey (Committee Member Jim Ferrell was excused). Council Members in Attendance: Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Senior Traffic Engineer Jesse Hannahs, Planning Manager Isaac Conlen, Senior Planner Deb Barker, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. 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 24. 2011 LUTC Minutes N/A Committee approved January 24, 2011, LUTC minutes as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 B. Portable Signs in the Right of Way Code Amendment Feb. 15, 2011 Ordinance Committee pulled item to next scheduled meeting. V Reading Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 C. S 320th Street Overlay Reimbursement Contract with Quadrant Corporation Feb. 15, 2011 Consent Deputy Public Works Director Salloum presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 D. Enterprise NTS —18th Ave SW & 201h Ave SW (South of SW 356th St to County Line) Feb. 15, 2011 Consent Senior Traffic Engineer Hannahs presented information on this item. Ed Sedlak spoke in favor of installation of speed humps. He has lived on 18th Avenue for some 10 years. There are approximately 70 houses in the area with lots of children and adults walking, biking, and playing in the area. Tacoma residents use the street to access the freeway. Many speed the straight away just before a blind curve. He and others have tried at least three times to haw Speed humps installed. Land Use/Transportation Committee Page 2 February 7, 201 U E. 4. OTHER None Sandy Ulr spoke in favor of installation of speed humps. She is the petitioner for 20th Avenue SW. She will not allow her children play out front because of the speeding traffic. Larry A. Gates spoke in favor of installation of speed humps. He has lived in the area 18 years and stated new homes in the area have contributed to the problem. Karen Ostrand spoke in favor of installation of speed humps. She is a long time resident and typically sees traffic traveling at a high rate of speed. She would love to see 20th Avenue blocked at the Pierce County line (as it once was). She knows it is not blocked for emergency access, but since the boundary for different emergency districts, why not block it? Laura Boyce spoke in favor of installation of speed humps. She is also a petitioner for 20"' Avenue SW. When he was young, she would not allow her son to play in the front because of the traffic. The neighborhood tried to have speed humps installed six or seven years ago, but did not meet the city's requirements. The situation has only grown worse. Councilmember Dovey asked why Tacoma residents were included in the voting. Mr. Hannahs replied that city policy calls for the .voting to be done within 600 feet of the proposed traffic calming device locations. Since there are Tacoma residents within the 600 feet and residents from outside of the city are not precluded from voting by the policy, staff decided to include them. Councilmember Dovey expressed concern that Federal Way citizens may be denied an action because residents outside of the city vote against it. Mr. Perez commented that staff delineated the results by city for this reason. Chair Kochmar requested that staff provide the Committee with the policy for discussion of this issue. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Nautilus NTS — S 308th St (1st Ave S to 4th PI S) Passed: Unanimously, 2-0 Senior Traffic Engineer Hannahs presented information on this item. Councilmember Dovey commented with placing speed humps on 304th last year and now on 308th, the city may be "herding" drivers to create a new cut -through. He encouraged staff to be pro -active on this issue. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 Feb. 15, 2011 Consent 5. FUTURE MEETING The February 21, 2010, LUTC meeting is cancelled in observance of President's Day. Depending upon work load, the next LUTC meeting will either be held Monday, February 28, 2011, or Monday, March 7, 2011, at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:30 PM. COMMITTEE APPROVAL: Linda Kochmar, Chair G:\LUTC\LUTC Agendas and Summaries 2011\2-7-11 Minutes.doc Attest: Tina Piety, Administrative Assistant II Jim F jy4l, Member Jack Dovey, Member COUNCIL MEETING DATE: April 5, 2011ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Selection Process — 2011 Amendments to the Federal Way Comprehensive Plan POLICY QUESTION: Which of the citizen -initiated site-specific requests for comprehensive plan amendments should City of Federal Way staff research further? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: March 7, 2011 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret Clark, Principal Planner DEPT: Community & Economic Development Attachments: February 23, 2011, Staff Report to the LUTC with Exhibits A — E. Background: The Federal Way Revised Code (FWRC) requires the City to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. The City received two citizen -initiated requests for site-specific comprehensive plan amendments in September 2010. Site -Specific Request #1 — Request from Melvin Hansen (Emerald Heights) for a comprehensive plan amendment and rezone of 4.73 acres (parcel 302104-9041) located at 36606 6t1 Avenue SW, from Single Family — Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family — High Density Residential (RS 9.6, one unit per 9,600 square feet or RS 7.2, one unit per 7,200 square feet). Site -Specific Request #2 — Request from Joe Kunkel of The Healthcare Collaborative Group on behalf of St. Francis Hospital for a comprehensive plan amendment to remove the planned principal collector shown on Map III -5 of the FWCP. Please see the attached staff report for further details. Pursuant to FWRC 19.80.080, after the deadline for accepting applications and following an LUTC recommendation, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. Options Considered_1) Approve the Mayor's recommendation -..2 Modify the Mayor's. recommendation. _ __ _ MAYOR'S RECOMMENDATION: That Site -Specific Request #1 not be considered at this time due to the potential of spot zoning. That Site -Specific Request #2 go forward for further consideration based on the following: (i) determination as to whether the City will be able to obtain an additional 30 feet from the federal government, the owner of the Bulk Mail Center to the north; (ii) the effect on the transportation network if this road is eliminated; (iii) whether the road can be feasibly designed to City standards given the topographical and physical constraints; and (iv) the impact of construction of this road on the St Francis Hospital Master Plan. MAYOR APPROVAL: �e_ DIRECTOR APPROVAL: mmtttee Council - I/om'nWee Council COMMITTEE RECOMMENDATION: I move to forward the two citizen -initiated requests to the April 5, 2011, City Council meeting for a public hearing. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move approval of the L UTC recommendation. " (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 — 08/12/2010 RESOLUTION # 125 K:\Comprehensive Plan\201 I Comprehensive Plan Update\Selection Process\LUTC\Agenda Bil.doc 44k CITY OF Federal Way DATE: February 23, 2011 TO: Linda Kochmar, Chair Land Use/Transportation Committee (LUTC) FROM: rick KDoherty, Director of Community and Economic Development argaret H. Clark, Principal Planner SUBJECT: Selection Process — 2011 Comprehensive Plan Amendments MEETING DATE: March 7, 2011 I. POLICY QUESTION Which of the citizen -initiated site-specific requests for comprehensive plan amendments should City of Federal Way staff research further? II. BACKGROUND The Federal Way Revised Code (FWRC) requires the City to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. The City received two requests in September 2011. Pursuant to FWRC 19.80.080, after the September 30`h deadline for accepting applications and following an LUTC recommendation, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. III. COMPREHENSIVE PLAN AMENDMENTS Changes and updates to the comprehensive plan are divided into text changes to chapters of the comprehensive plan and requests for changes to comprehensive plan designations and zoning for specific parcels, which would result in changes to the Comprehensive Plan Map and Official Zoning Map. Following is a list of citizen -initiated comprehensive plan amendments received in September 2010 (2011 Comprehensive Plan Update) A. 2011 COMPREHENSIVE PLAN AMENDMENTS 1. Citizen Initiated (Exhibit A —Composite Map): Land Use/Transportation Committee (LUTC) 126 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 1 of 9 (i) File 10 -103935 -UP – Request from Melvin Hansen (Emerald Heights) for a comprehensive plan amendment and rezone of 4.73 acres (parcel 302104-9041) located at 36606 6th Avenue SW, from Single Family – Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family – High Density Residential (RS 9.6, one unit per 9,600 square feet or RS 7.2, one unit per 7,200 square feet) (Exhibits B and B-1). (ii) File 10-104109- UP – Request from Joe Kunkel of The Healthcare Collaborative Group on behalf of St. Francis Hospital for a comprehensive plan amendment to remove the planned principal collector shown on Map III -5 of the FWCP (Exhibits C and C-1). This planned street extends from 9th Avenue South on the east along the north boundary of the hospital campus to connect to 1St Way South on the west, just north of the Federal Way Regional Library. B. MAJOR COMPREHENSIVE PLAN UPDATE Pursuant to RCW 36.70A.130(4)(a), "Comprehensive plans —Review procedures and schedules — Amendments," the City of Federal Way, along with King County and its cities, must take action every seven years to review and if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the Growth Management Act (GMA). In 2010, a bill was passed to extend the deadline for the updates to December 1, 2014. Staff will be initiating work on the major comprehensive plan update during this calendar year and will be coming back to you with a time line in the near future. IV. REASON FOR COUNCIL ACTION Pursuant to FWRC 19.08.050, Process VI, "Council Rezones," the City Council is required to review all requests concurrently. The first step in the process is a public hearing by the council, at which time the council selects those amendment requests it wishes staff to research further. Because staff -proposed changes to the chapters of the comprehensive plan are intended to either update existing information or to comply with the GMA, they are not evaluated based on the eight selection criteria. V. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT PROCESS March 7, 2011 LUTC Meeting — A summary of all requests will be presented to the LUTC for a recommendation on which requests should be considered further. April 5, 2011 City Council Public Hearing – the City Council shall determine which requests should be considered further. VI. BACKGROUND AND STAFF ANALYSIS — SITE-SPECIFIC REQUESTS A composite map showing the location of the site-specific requests to be presented for selection is attached as Exhibit A. Land Use/Transportation Committee (LUTC) 127 Meeting nate: Marcn i, wi i Selection Process — Comprehensive Plan Amendments Page 2 of 9 A. Site -Specific Request #1— Hansen 1. Summary File Number: Parcel No.: Address; Location: Size: Existing Land Use: Applicant: Agent: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Background 10 -103935 -UP 302104-9041 36606 6th Avenue SW East of 6th Avenue SW between SW 363rd Place to the north and SW 368`h Street to the south (Exhibits B and B-1) 4.73acres Vacant Melvin Hansen John Fox Single Family — Medium Density Residential Single Family — RS 15.0, one unit per 15,000 square feet Single Family — High Density Residential Single Family — RS 9.6, one unit per 9,600 square feet or RS 7.2, one unit per 7,200 square feet The applicant requests a change to higher density in order to subdivide the lot and create additional housing within the city limits. He states that this would allow individuals to live closer to where they work and would have other benefits such as reducing the need to commute. Surrounding Zoning & Land Use B. Site -Specific Request #2 — St. Francis Hospital 1. Summary File Number: 10 -104109 -UP Parcel No.: Tracts Y and Z of St. Francis Hospital Binding Site Plan, Amendment No. 3 (Exhibit C) Address: 34515 9th Avenue South Location: West of 9th Avenue South and north of South 348th Street, just south of the Bulk Mail Center (Exhibits D and D-1) Land Use/Transportation Committee (LUTC) 128 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 3 of 9 Zoning Land Use North Single Family — RS 15.0, one unit Single family dwellings per 15,000 sq. ft. South Single Family — RS 15.0, one unit Single family dwellings per 15,000 sq. ft. East Single Family — RS 15.01 one unit Single family dwellings per 15,000 sq. ft. Single Family — RS 15.0, one unit Single family dwellings across 6`h West per 15,000 sq. ft I Avenue SW B. Site -Specific Request #2 — St. Francis Hospital 1. Summary File Number: 10 -104109 -UP Parcel No.: Tracts Y and Z of St. Francis Hospital Binding Site Plan, Amendment No. 3 (Exhibit C) Address: 34515 9th Avenue South Location: West of 9th Avenue South and north of South 348th Street, just south of the Bulk Mail Center (Exhibits D and D-1) Land Use/Transportation Committee (LUTC) 128 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 3 of 9 Size: Applicant: Agent: Owner: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Requested Comprehensive Plan Amendment: 2. Background 0.933 acres Joe Kunkel Same Franciscan Health System Office Park Office Park (OP) N/A N/A To remove the planned principal collector shown on Map III -5 of the FWCP (Exhibits D and D-1). This road has been shown in the comprehensive plan since 1995; however, it has been contemplated as part of the transportation system since 1992 when the St. Francis Hospital Binding Site Plan was first approved. As part of the approval of the St. Francis Hospital Binding Site Plan, which was approved in March 1992, St Francis Hospital agreed to dedicate at most 30 feet of right-of-way to build South 344th Street to city standards. The remainder of the right-of-way would be dedicated by the U.S. government who owns the Bulk Mail Facility to the north. At that time, the St. Francis Hospital Binding Site Plan showed an underlying 60 -foot ingress, egress, and access easement. Amendment No. I to the St. Francis Hospital Binding Site Plan approved in March 1996 also showed a 60 -foot ingress, egress, and access easement. Thereafter, as part of the approval of the second amendment to the binding site plan approved in July 2001, the City of Federal Way and Franciscan Health System -West entered into a voluntary agreement for the dedication by Franciscan Health System -West to the City of Federal Way of the north 30 feet of the campus property for an extension of South 344th Street westwards to lst Avenue West from 9th Avenue West and for Franciscan Health System - West to pay to the city its pro rata share of the city's costs incurred in building the road extension. Language on St. Francis Hospital Binding Site Plan Amendment No. 2 states that, "Tract Z is reserved for future dedication to the City of Federal Way for road purposes, as defined under Memorandum of Voluntary Agreement, recorded under King County Fee 20010716000500 (Exhibit E). Tract Z is 30 feet wide." A third amendment to the St Francis Hospital Binding Site Plan was approved in April 2008. This amendment added Lot 10 to the Campus and shows a 30 foot Tract (Tract Y) as a westerly extension of Tract Z. Tract Y is also 30 feet wide and language on the face of the plan states "Tract Y is reserved for future dedication to the City of Federal Way for public road purposes." Surrounding Zoning & Land Use Land Use/Transportation Committee (LUTC) 129 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 4 of 9 Zoning Land Use North Office Park Unites States Bulk Mail Center South Office Park St Francis Hospital medical offices and parking Land Use/Transportation Committee (LUTC) 129 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 4 of 9 East Commercial Enterprise Vacant across 9U' Avenue South West Office Park Vacant VII. SELECTION CRITERIA FWRC 19.80.080 contains criteria for selecting amendments for further consideration. A. Criterion #1— Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion 91— Request Response Site Specific Request #1— This parcel is part of a larger area south of South 356' and west Hansen of 1St Avenue, which is zoned Single Family — RS 15.0, one unit per 15,000 square feet, that was studied in early 2008 for a comprehensive plan amendment to increase density. Based on initial findings and input from the public, staff found that although the proposal met the selection criteria for further study, there were obstacles associated with providing services to support increased density and there was a lack of support for higher density from the residents. On May 6, 2008, the City Council elected to direct staff not to study the proposed change any further. Site Specific Request # 2 — St This issue has not been studied in a previous amendment process. Francis The Hansen parcel is located west of 1St Avenue South in an area that has B. Criterion #2 — The proposed amendment is consistent with the overall vision of the comprehensive plan. Response to Criterion #2 — Request Response Site Specific Request #1— The FWCP states that there is an area designated Single Family — Medium Hansen Density located south of South 356' on both the east and west sides of 1St Avenue South. This area is located in the West Branch Hylebos Creek Sub -Basin. The comprehensive plan further states that there are major environmental and ownership differences between the two areas. The area east of 1St Avenue South is characterized by the Hylebos Wetlands and associated streams. In addition, there are many parcels that are either publicly owned or are intended as wetland mitigation for development elsewhere in the drainage basin. On the other hand, the parcels located west of 1St Avenue have relatively few environmental constraints and there is future availability of public service; therefore, an increase in density may be warranted. The Hansen parcel is located west of 1St Avenue South in an area that has a potential for higher density. However, changing the comprehensive plan Land Use/Transportation Committee (LUTC) 130 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 5 of 9 Request Response designation and zoning of just one isolated parcel may be considered spot zoning, which is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is at odds with the comprehensive plan and current zoning restrictions. Since such rezoning may be perceived to benefit one particular owner, and at odds with existing adjacent property owners, the requested amendment would not comply with the overall vision of the comprehensive plan for this area. Site Specific Request # 2 — This road has been shown in the comprehensive plan since 1995; St. Francis however, it has been contemplated as part of the transportation system since 1992 when the St. Francis Hospital Binding Site Plan was approved. The removal of this planned collector may be inconsistent with the comprehensive plan because no alternative location(s) of an equivalently functioning roadway network has been proposed. C. Criterion #3 — Whether the proposed amendment meets the existing state and local laws, including the GMA. Response to Criterion #3 — Site -Specific Request No. 1, Hansen — This request is consistent with the following GMA goals: Urban Growth — Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Housing — Encourage the availability of affordable housing to all economic segments of the population of the state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. However, approval of the request may be considered spot zoning and may be subject to legal challenge. Site -Specific Request No. 2, St. Francis — This request is not consistent with FWRC 19.135.251, which states that streets shall be provided to develop a street network with a block perimeter of no greater than 2,640 feet, as measured on centerlines. However, the code does allow modifications if connections cannot be made due to topographical constraints, environmentally sensitive areas, or adjacent development not being conducive. The likelihood of this road being constructed in the future depends in large part on the City being able to obtain an additional 30 feet from the federal government, the owner of the Bulk Mail Center to the north. D. Criterion 94 — In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Response to Criterion #4 — Not applicable. The requests are site-specific requests and not requests for text amendments. Land Use/Transportation Committee (LUTC) 131 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 6 of 9 If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: E. Criterion #1— Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #1— If the City Council determines that these requests should be analyzed further, they can be incorporated into the 2011 Planning Commission Work Program. F. Criterion #2 — Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workload, staffing levels, etc. Response to Criterion #2 —Request #1 does not require a large-scale study. Request #2 may require a Traffic Impact Analysis and Traffic Modeling to demonstrate that the transportation network will not be negatively impacted by the removal of this road. G. Criterion 43 — Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 — Only two requests were received. H. Criterion #4 — Order of requests received. Response to Criterion #4 — The requests were received in the following order: 1. Hansen; and 2. St. Francis Hospital. VIII. COUNCIL ACTION Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in Section VII of this staff report, the City Council shall determine which requests shall be further considered for adoption and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add an amendment for consideration. IX. STAFF RECOMMENDATION A. Site -Specific Request #1— Request from Melvin Hansen (Emerald Heights) for a comprehensive plan amendment and rezone of 4.73 acres (parcel 302104-9041) located at 36606 6`h Avenue SW, from Single Family — Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family — High Density Residential (RS 9.6, one unit per 9,600 square feet or RS 7.2, one unit per 7,200 square feet). Staff Recommendation — Staff recommends that this request not be considered at this time due to the potential of spot zoning. Land Use/Transportation Committee (LUTC) 132 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 7 of 9 B. Site -Specific Request #2 — Request from Joe Kunkel of The Healthcare Collaborative Group on behalf of St. Francis Hospital for a comprehensive plan amendment to remove the planned principal collector shown on Map III -5 of the FWCP. Staff Recommendation — Staff recommends that the request go forward for further consideration based on the following: (1) Determination as to whether the City will be able to obtain an additional 30 feet from the federal government, the owner of the Bulk Mail Center to the north. (ii) The effect on the transportation network if this road is eliminated. (iii) Whether the road can be feasibly designed to City standards given the topographical and physical constraints. (iv) The impact of construction of this road on the St Francis Hospital Master Plan. X. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the recommendation to the full Council as follows: 1. Hansen Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration as recommended by staff. AFPI��?vAL°�F CUM ITTEE REPORT t Lerida Kochrnar, Chair Jim Derrell, Member Jack Dovey, Member 2. St. Francis Hospital Request a) That the request go forward for further consideration as recommended by staff. b) That the request not go forward for further consideration. AP#'ROVAL OF CUMMITT'EE REPORT: Linda K.ochmar, Chair Jirn Ferrell,. Member Jack, Davey, Member Land Use/Transportation Committee (LUTC) 133 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 8 of 9 XI. LIST OF EXHIBITS Exhibit A Composite Map Exhibit B Vicinity Map of Site -Specific Request #1 — Hansen Exhibit B-1 Aerial Map of Site -Specific Request #1 — Hansen Exhibit C Page 3 of 5 of St. Francis Hospital Binding Site Plan, Amendment No. 3 Exhibit D Vicinity Map of Site -Specific Request #2 — St Francis Exhibit D-1 Aerial Photo of Site -Specific Request #2 —St Francis Exhibit E Memorandum of Voluntary Agreement, recorded under King County Fee 20010716000500 K:\Comprehensive Plan\2011 Comprehensive Plan Update\Selection Process\LUTC\030711 Report to the LUTC.doc Land Use/Transportation Committee (LUTC) 134 Meeting Date: March 7, 2011 Selection Process — Comprehensive Plan Amendments Page 9 of 9 r LI) Ln 0��� RD O Q Xv O ¢ Raster Steel DollojLake w In Lake Lake �w ¢ S 312th ST y Ifirror tiw Lake SW 320th ST S 320th ST w r North O w i Laker p a NWY 1 NORTySHORE PK`N ( O "fy SW 336th ST S 336th ST a U1\—ZO : N m S 348th ST N Luke LU Geneva �¢ > _J SW 356th ST LU h fn > Five m Lake RrN Z� trout .^ Flyer 'Lake, 0 q City of Federal Way 2011 Comprehensive Plan Amendments Composite Map EXHIBIT. _---&_-- - Site Specific Requests Legend Request Sites Federal Way City Limits Request Key 1. - Hansen 2. - St. Francis Hospital N o 0.5 1 %i� Mile This map is accompanied by no warranties, and is simply a graphic representation. �.o S 272nd ST Star Lake Puget Sound 5 �o S 288th ST x U W U a 0��� RD O Q Xv O ¢ Raster Steel DollojLake w In Lake Lake �w ¢ S 312th ST y Ifirror tiw Lake SW 320th ST S 320th ST w r North O w i Laker p a NWY 1 NORTySHORE PK`N ( O "fy SW 336th ST S 336th ST a U1\—ZO : N m S 348th ST N Luke LU Geneva �¢ > _J SW 356th ST LU h fn > Five m Lake RrN Z� trout .^ Flyer 'Lake, 0 q City of Federal Way 2011 Comprehensive Plan Amendments Composite Map EXHIBIT. _---&_-- - Site Specific Requests Legend Request Sites Federal Way City Limits Request Key 1. - Hansen 2. - St. Francis Hospital N o 0.5 1 %i� Mile This map is accompanied by no warranties, and is simply a graphic representation. Illahee Ci(�f Federal Way — - City Fede ay osr ( i ___ _ Existing Designations 2011 �._ 363ROC Comprehensive Plan: Single Family, Medium Density Zoning:Single Family (RS15.0) Site Specific Requests z for Comprehensive Plan and - I Requested Designations Zoning Designation Changes N Comprehensive Plan: Single Family, High Density Zoning: Single Family (RS9.6 or RS7.2) 5W 363R PL i R S15.0 - Ns Q B Hansen s15.0 -- Site Specific Request #1 7 e Exhibit I y I ! f_a�.6_ Legend 5 SSpecific Site 5pe .. Request RS 15.0 I RS16. i i 1 IRS 6 5 Buildings RS15.0 _.M .. Streets i -- -'Streams (City Survey) 3 R315Q Wetlands (1998 City Survey) Y � Zoning Boundary* SW 7687N 37' sW atlein 7 --- -- r y Note: An asterix (*) next to a zoning 5.0 o T _ ' designation indicates the property is y a - - governed by a development agreement. o S1St .... •' �, RS 5.0 ! RS 5.0- ac -�S�bal --RSI 6.0 _n _ 0 250 500 N IX, o nFeet z CITY OF SW371STSr Federal Way �NO7 OPEN) This map is accompanied by no warranties, and is simply a graphic representation. ee Existing Designations Comprehensive Plan: Single Family, Medium Density Zoning: Single Family (RS15.0) li�TRequested Designations 77,.Pomprehensive Plan: Single Density jilt ifr.:.:..r.Z City of Federal Way 2011 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Hansen Site Specific Request #1 Exhibit 3.1 Legend Site Specific Request Streams (City Survey) Wetlands (1998 City Survey) ® Zoning Boundary* Note: An asterix (*) next to a zoning designation indicates the property is governed by a development agreement. �\ N 0 250 500 Feet CITY OF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. EXHIBIT C ST. FRANCIS HOSPITAL VOLUME/PAGE A BINDING SITE PLAN - AMENDMENT NO. 3 AN ALTERATION OF ST. FRANCIS HOSPITAL, A BINDING SITE PLAN - AMENDMENT NO.2 RECORDED UNDER RECORDING NO. 20010726001843, RECORDS OF KING COUNTY, WASHINGTON A PORTION OF THE NE 1/4 OF THE SW 1/4 AND A PORTION OF THE NW 1/4 OF THE SE 1/4 OF SEC. 20, T. 21 N., R 4 E., W.M IN KING COUNTY, WASHINGTON ZONE OF '...=aN'E OF tr------- 1 -- `- — I f I ZONE OP 0.04 ACRES L202 ACRES e .._ rN ^' J ZONE'OP L '207 ACRE5 I I 1RALT Y a RE4/1N31 iq ^T c 1 1 :T .LOT I PURIC FWRIhAN'0� e' 1413FUMINE ACRES NE OF L26O1 ACRES OF/ UP O.O NACRES 3.024 ACRES / ZONE OF I �I LOT 10 I a nr. py.. _..r.. fSC aI rT .. o I ZONE OF, I 4.263 ACRES I I Ztlm -my OF OlD PIdiLEL '3' _ u ZONE OF ZONE OF 1.256 ACRES - - L6% ACRES 2 wars. may g ILO ; 'S y W I W ARK Q • ,ZGH/��5 X36 • SOUTH 348TH STREET 'WEST CAMPUS AF-- PARK 'jol.. Ff ! T 130 0 6' 110 SCALE 1' – 120– 120' SECTION BREAKDOWN - N.T.S. LEGEND � 3o n N!!'IS'SY 16;O.ST M MM'.IIS6Yx 26,106' 29T70 EYJSTING BOUNDARY OF PROJECT THE SUBDIVISIONAL CORNERS CALCULATED FOR THIS HE PLAT OF ETCAMP BUSINESS PARK MONUMENT TABLE I INTERIOR LOT UNE AS DETAILED BELOW. t – CENTERLINE O A SET 5/8' REB./CAP LS / 32437 ® FOUND 5/8' REB./CAP CALCULATED CENTER OF SECTION ® FOUND 5/9" RES. /CAP LS / 15639 Ls f 32437/35154 ---------- EASEMENT UNE 0 ® FOUND 5/87 REB./CAP LS / 21571 ® FOUND 5/8' REB./CAP LS j ILLEGIBLE CALCULATED SECTKON CORNER m FOUND 5/8- REB./CAP LS / 15661 ® FOUND 5/8' REB./CAP LS i 12399 ----- SECTION UNE ' BUILDING SETBACK 0'O -N CALCULATED N/S QUARTER CORNER CRY FILE NO.O&IM3"U ----- ,� CALCULATED E/WQUARTER CORNER S_P d DOWL ADJACENT PROPERTY UNE 4d.. r LOT 7 (TYPI lffSTaPJC OR ADJACENT LOT MAKE EKIS ONCONT. MON.. AS REFERENCED B PLAT OFF WEST CAMPUS BUSINESS PARK.. � .6. C, --W pOWL. LLC SHEET 2 OF 5, WKLSEY AND HAM, INC., JULY 1974. �,� �NE Raypy,, y6l6p0ya EASEMENT DESCRIPTION NUMBERS VISITED 02/04/98, iB:l/131666aa>a wu:F�leszal6 O SHOWN REFER TO AND MATCH NUMBERS ,e< D mCONTAINED IN TITLE REPORT BY CHICAGO • SET 5/8- REBAR/CAP (SEE MONUMENT TABLE) 9y,,'Wp DOW,L FILE NO, SHEEP3- 5 U7 Z TITLE INSURANCE COMPANY, ORDER Na 597985, 0 FOUND 5/8" RESAR/CAP (SEE MONUMENT TABLE) sns eoT J m .( OATED MAY 17, 2001 (SEE SHEET 2). 138 1 LN ; ZONE OP L774 ACRES I f I ZONE OP 0.04 ACRES e 'WEST CAMPUS AF-- PARK 'jol.. Ff ! T 130 0 6' 110 SCALE 1' – 120– 120' SECTION BREAKDOWN - N.T.S. LEGEND � 3o n N!!'IS'SY 16;O.ST M MM'.IIS6Yx 26,106' 29T70 EYJSTING BOUNDARY OF PROJECT THE SUBDIVISIONAL CORNERS CALCULATED FOR THIS HE PLAT OF ETCAMP BUSINESS PARK MONUMENT TABLE I INTERIOR LOT UNE AS DETAILED BELOW. t – CENTERLINE O A SET 5/8' REB./CAP LS / 32437 ® FOUND 5/8' REB./CAP CALCULATED CENTER OF SECTION ® FOUND 5/9" RES. /CAP LS / 15639 Ls f 32437/35154 ---------- EASEMENT UNE 0 ® FOUND 5/87 REB./CAP LS / 21571 ® FOUND 5/8' REB./CAP LS j ILLEGIBLE CALCULATED SECTKON CORNER m FOUND 5/8- REB./CAP LS / 15661 ® FOUND 5/8' REB./CAP LS i 12399 ----- SECTION UNE ' BUILDING SETBACK 0'O -N CALCULATED N/S QUARTER CORNER CRY FILE NO.O&IM3"U ----- ,� CALCULATED E/WQUARTER CORNER S_P d DOWL ADJACENT PROPERTY UNE 4d.. r LOT 7 (TYPI lffSTaPJC OR ADJACENT LOT MAKE EKIS ONCONT. MON.. AS REFERENCED B PLAT OFF WEST CAMPUS BUSINESS PARK.. � .6. C, --W pOWL. LLC SHEET 2 OF 5, WKLSEY AND HAM, INC., JULY 1974. �,� �NE Raypy,, y6l6p0ya EASEMENT DESCRIPTION NUMBERS VISITED 02/04/98, iB:l/131666aa>a wu:F�leszal6 O SHOWN REFER TO AND MATCH NUMBERS ,e< D mCONTAINED IN TITLE REPORT BY CHICAGO • SET 5/8- REBAR/CAP (SEE MONUMENT TABLE) 9y,,'Wp DOW,L FILE NO, SHEEP3- 5 U7 Z TITLE INSURANCE COMPANY, ORDER Na 597985, 0 FOUND 5/8" RESAR/CAP (SEE MONUMENT TABLE) sns eoT J m .( OATED MAY 17, 2001 (SEE SHEET 2). 138 l Prof. Centel N 0 250 500 _._. lop __ '�Zr� Feet R$5.0 South Federal WayI Cl� BC Parka�,nCRide i _ __ 1` `Federal Way RS35.0 GG This map is accompanied by no warranties, and is simply a graphic representation. ects\SSR Complan\201 1 \Maps\ssr2 2011 mxd City of Federal Way Washington Park 24Ub !Garden /! BN Terrace J Y . Q plewood ....- f1[l I 2011 Building Site Specific Requests O �� � ,__ OP �� � or,o� J for Comprehensive Plan and 1 t . RM400 _.._... _. Zoning Designation Changes o C Rnn240.0 Existing Designations . Comprehensive PIan:Principal Collector c RM2oo OP u.S.P.s. St. Francis Hospital s Bulk Mail CE R�. 4� Facility �' Site Specific Request #2 _JI Requested Designations Comprehensive Plan: Remove Principal Collector Exhibit Rz4o OP _ _ _ _ . CE Legend Federal Way Regional Library ampe Site Specific Request _ OP ! Parh Comp. Plan Street Designations ]5045101 30 ,5045101,10` F cE Principal Arterial Panther LakeMe Elementary �� Minor Arterial nieai St. Francis OBldg- HospitalOP ��� Principal Collector OPEe. _ __. i> yMinor Collector - - CE Center ® Zoning Boundary* RM1800 Op Buildings ' Rauner Public w BN ser9+gal t° Canter Academy Streets OP ._op P0, D.S.H. S. wens s1 Fargo Emerald I i l Prof. Centel N 0 250 500 _._. lop __ '�Zr� Feet R$5.0 South Federal WayI Cl� BC Parka�,nCRide i _ __ 1` `Federal Way RS35.0 GG This map is accompanied by no warranties, and is simply a graphic representation. ects\SSR Complan\201 1 \Maps\ssr2 2011 mxd { deg a s I 1{ ,ry , . - y 44 Lf I WMAltiv- }3§(Rr k �, ec, to � .r„�+ta � � � s^x _� �'•` t. _ D s"r r,.a "` ;gyp. Mr - n � i !� +may it a. After Recording Return To: City of Federal Way Attn: Karen Kirkpatrick PO Box 9718 Federal Way, WA 98063-9718 MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT Complete Legal. Description on Exhibit A Abbreviated Legal Description: Parcel C-1, St. Francis Binding Site Plan as recorded in Vol. 160 of Plats, pages 44 - 48, corrected under Recording No. 9505221043; Tract D-2, St. Francis Binding Site Plan as recorded in Vol. 176 of Plats, pages 71 - 75; and The N '/Z of the W '/i of the NE '/4 of the SW '/4 of Section 20 TWN 21 N, Range 4 E, W.M., King Co., Washington. o .-;Tax Parcel No.: 750451-0020-00; 750451-0060-01; 202104-9038-04 KNOW ALL PERSONS BY THESE PRESENTS, that the City of Federal Way, •`- Washington, a municipal corporation ("City") and Franciscan Health System -West, a Washington nonprofit corporation ("FHS") have entered into a Voluntary Development Agreement dated r- CkA" , 2001 (the "Agreement') as authorized by RCW 36.70B.170-.210 with respect ev to the real property located in the City of Federal Way, County of King, State of Washington, and more fully described in Exhibit A attached hereto. Th: Agrczment provides, among other things, for the dedication by NHS to the City of the north thirty (30) feet of Parcels A, B, and C, as described in Exhibit A attached hereto, for an extension of South 344`' Street in Federal Way, Washington, from 9' Avenue South on the east to 1' Avenue South on the west (the "Road Extension") and for FHS to pay to the City its Pro Rata Share of the City's costs incurred in building the Road Extension. A copy of the Agreement may be found on file with the City of Federal Way in File No. RGA# (� 1 - CM The Agreement became effective upon execution by the parties and it shall terminate without further action of either party upon completion of construction of the Road Extension and the performance by the parties of all their duties as set forth in the Agreement. Following termination, the 1 141 EXHIBIT" E PAGE z C)� City will, upon demand of FHS, execute and record an acknowledgment that the Agreement has terminated and that this Memorandum of Voluntary Development Agreement ("Memorandum") should be released as a matter of record. The Agreement is incorporated by reference herein as though written at length herein, and the Agreement and this Memorandum shall be deemed to constitute but a single document, and in the event of conflict between this Memorandum and the Agreement, the terms of the Agreement shall control. Capitalized terms used in this Memorandum shall have the same meaning ascribed to them in the Agreement. This Memorandum shall inure to the benefit of, and binding upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 2001. t CITY OF FEDERAL WAY, a Was Kington municipal corporation BY: ems., cnp FRANCISCAN HEALTH SYSTEM -WEST, a Washington nonprofit corporation Q — J/A BY: e- � vid H.ose ey, City Mana ZA-Ly-e, el it) , c h o is (print name and title) c=� O O Date: - -4:-� � ] Date: le z l ATT EST: This '_5 day of u- .k 2001. 1 1 stine Gre , CMC deral Way City Clerk Approved as to Form for City of Federal Way: City Attorney, Bob C. Sterbank 2 142 Approved as to Form xforFrc' can Health System -West: H. Frank Crawford X H ! B FLAG E E 8 - STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation 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 was authorized to execute the said instrument. Given under my hand and official seal this 5 day o • L 2001 4nu:�' nr� 2113 et jary si ature 0 ' . r" (typed/printed name of notary) _ Notary Public in and for the State of Washington. My commission expires: -5-05 Its ��♦ �� o STATE OF WASHINGTON ) ` ) ss. COUNTY OF PIERCE } r— On this c D' day of Su.,,�e� , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the SP. ,�o-rof FRANCISCAN HEALTH SYSTEM -WEST, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged 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 is authorized to execute said instrument on behalf of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. 1921.66\agrecments\hfcr40e - 04302001 (nota f� signature) ` (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: =,�2 0 - 0,3 143 EXHIBITEF .__ PAGES F d?8 EXHIBIT A TO MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT PROPERTY OWNED BY FHS PARCEL A (Main Hospital): Parcel C-1, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington, as corrected by Affidavit of Correction recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No. 750451-0020-00 PARCEL B (Emergency Room Access): W Tract D-2, as described in St. Francis Hospital, a Binding Site Plan -Amendment No. 1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. ..v Tax Parcel No. 750451-0060-01 c-� PARCEL C (Undeveloped Parcel): c The North half of the West half of the Northeast quarter of the Southwest quarter of Section 20, ``` Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; EXCEPT that portion of said subdivision described as follows: Commencing at the northwest comer of said subdivision; Thence along the North line thereof South 88°46'40" East 295.00 feet to the true point of beginning; Thence continuing along said North line South 88°46'40" East 359.08 feet to the Northeast corner of said subdivision (said Northeast comer also being the Northwest corner of Lot 3 of West Campus Business Park, according to the plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington); Thence along the east line of said subdivision south 01°14'49" West 659.58 feet to the Southeast corner of said subdivision; Thence along the South line of said subdivision North 88°45'46" West 358.70 feet; Thence parallel with the West line of said subdivision North 01°12'52" East 659.49 feet to the true point of beginning. Tax Parcel No. 202104-9038-04 4 144 ExHieiT— PAGE S C)F-M- VOLUNTARY DEVELOPMENT AGREEMENT REGARDING THE EXTENSION OF SOUTH 344TH STREET This Agreement ("Agreement') is made and entered into this 5 day ok,�, 2001, by and between Franciscan Health System -West, a Washington nonprofit corporation ("FHS"), and the City of Federal Way, Washington, a municipal corporation ("City") RECITALS A. FHS owns and operates St. Francis Hospital located at 34515 9' Avenue South, Federal Way, Washington. The building in which the hospital is situated and two nearby medical office buildings make up an integrated medical complex. The properties included in the medical complex, all of which are owned by FHS, are referred to herein as the "Campus Property." (The two medical office buildings in the medical complex are subject to ground leases wherein FHS is the ground lessor.) The Campus Property is described in Exhibit "A" attached hereto. FHS also owns the undeveloped five -acre parcel that abuts the western boundary of the Campus Property and that is described in Exhibit B attached hereto (the "Undeveloped Parcel"). B. On January 22, 1992, the Hearing Examiner issued his Recommendation for Approval of the Binding Site Plan in file # UP3-91-0002 for a 13,400 square foot expansion of the 113,206 square foot hospital building. The Hearing Examiner recommended that before recording the binding site plan then proposed ("1992 Binding Site Plan") FHS should enter into "a written agreement with the City to contribute a pro rata share to the cost of constructing South 344' Street between ls` Avenue South and 9"' Avenue South" and "committing to dedicate at the time of the actual final design of South 344' Street up to thirty feet of public street right-of-way and appropriate intersection radii along the north boundary of the site" depicted in the 1992 Binding Site Plan. The Hearing Examiner further recommended that the "actual extent of the 1 145 ORIGINAL EXHIBIT PAGE needed right-of-way" be determined by a traffic study and street design approved by the City with input from FHS. C. FHS appealed the determination of the Hearing Examiner, and on March 17, 1992, the Federal Way City Council enacted Resolution No. 92-101, that adopted the findings, conclusions and recommendations of the Hearing Examiner, added three findings of the Council, and approved with conditions the 1992 Binding Site Plan. The conditions imposed by the Council in Resolution 92-101 are: (1) FHS agrees to dedicate to the City of Federal Way right- of-way to build 3440` Street to City standards, with standard width of a street under City standards at that time being sixty feet in width; (2) FHS will dedicate at most thirty feet of right- of-way to the City to build 34401 Street to City standards; (3) any dedication by FHS may be less than thirty feet depending upon how much land the U.S. Government (the owner of the property to the north of the Campus Property) dedicates to street construction; (4) FHS will not be required to dedicate right-of-way unless or until such time as the commitment by the U.S. Government to dedicate such right-of-way; and (5) the level of FHS's financial participation in the roadway construction will be deferred and combined with the SEPA review for the next development application for the Campus Property. There was no appeal Resolution 92-101, the 1992 Binding Site Plan was recorded, and the proposed expansion of the hospital building was constructed by FHS in 1992. D. On January 19, 1994, the Hearing Examiner issued his Recommendation for Approval of a modification of the 1992 Binding Site Plan in file #92-00050PR, 92-0006SEP, and 92-0004SPR. The project proposed by FHS for the Campus Property was the construction of a 51,353 square foot medical office building at the northeast corner of the Campus Property. At that time the U.S. Government was not prepared to dedicate any land for a street right-of-way and there was no final design of an extension of South 344' Street, and as a result, the City at that time did not require FHS to dedicate any land for such an extension. There was no appeal of the Recommendation, and the medical office building was constructed in 1995. 2 146 EXH I --- - PAGE 1 F - - E. FHS is currently proposing to construct on the Campus Property a 62,000 square - foot Ambulatory Services Center with related parking ("the Project'). At this time the U.S. Government is still not prepared to dedicated any land for a street right-of-way, no traffic study has been performed to determine the actual extent of the needed right-of-way for an extension of South 344` Street, and there is no final design of such an extension. F. The City desires that as part of the Project and in addition to those conditions that may be administratively imposed as permit conditions, FHS enter into a development agreement that provides for the dedication of the north thirty (30) feet of the Campus Property and the Undeveloped Parcel and that establishes the terms and conditions under which FHS will participate in the construction of an extension of South 3440, Street between Is' Avenue South on the west and 9" Avenue South on the east over the property to be dedicated by FHS. G. In order to accommodate the desire of the City and to expedite the approval of the Project, FHS is willing to enter into a development agreement as proposed by the City provided that Resolution No. 92-101 is rescinded. H. Review of the Project under the State Environmental Policy Act (" SEPX) is under way. I. The City has authority under SEPA, RCW 82.02.020, and Federal Way City Code Section 19-46 to require the dedication of land where reasonably necessary as a direct result of a proposed development application, and to enter into a voluntary agreement with an applicant to provide for payment by the applicant to mitigate the direct impact that has been identified as a consequence of a proposed development. J. The City has authority under RCW 36.70B.170-.210 to enter into a development agreement to delineate mitigation that will be required as part of the Project. 3 147 Cot EXHIB r A -11• NOW, THEREFORE, in order to avoid conflict over the extent of the dedication or mitigation requirements of Resolution 92-101, to avoid the necessity to construct street improvements at this time on South 344`h Street, to provide for the mitigation of any direct, indirect, or cumulative traffic impacts arising from the Project as well as future projects to be constructed on the Campus Property and the Undeveloped Parcel, and to facilitate use and development of the Campus Property and the Undeveloped Parcel, the parties agree as follows: 1. Dedication of Property For Road Purposes. 1.1 Property to be Dedicated; Timing. FHS hereby agrees to designate the north thirty (30) feet of its Campus Property as Tract "Z" on a binding site plan to be presented to the City for review and approval as a part of the Project. Once the Project has received all necessary development approvals and permits and once the binding site plan has been approved by the City and recorded, then any time thereafter, following ninety (90) days prior written notice from the City requesting such dedication, FHS will dedicate Tract Z and the north thirty (30) feet of the Undeveloped Parcel to the City for the purpose of building a road that extends South 3441' Street from 90' Avenue South on the east to V Avenue South on the west (the "Road Extension"). The dedication shall be free and clear of all liens, encumbrances, covenants, restrictions, easements and any other title defects. 1.2 No Dedication of Additional Property. The City agrees not to impose as a condition of FHS's obtaining any development permit or approval necessary for the Project or any future project to be constructed on the Campus Property or the Undeveloped Parcel that FHS dedicate any other property for an extension of South 34411 Street. The City further agrees that it will not request that the Hearing Examiner impose any such condition. 1.3 Right to Terminate. If the Hearing Examiner requires FHS to dedicate any property for an extension of South 34411 Street in addition to Tract Z and the north thirty (30) feet 4 148 EX H 'I ''i , _— - ---- PAGEA d of the Undeveloped Parcel as a condition of obtaining any development permit or approval necessary for the Project or if the City, by appropriate action of its City Council, fails to rescind Council Resolution No. 92-101 as a part of the City's approval of this Agreement, then FHS may terminate this Agreement by written notice to City. 2.1 Pro Rata Share and Road Extension. FHS agrees to pay and reimburse to the City (or to any third party actually constructing the Road Extension at the direction of the City and to whom the City is obligated for reimbursement) its pro rata share ("Pro Rata Share') of the cost of building the Road Extension to City standards. The Road Extension is hereby defined as the street to be constructed between 9"' Avenue South on the east and I` Avenue South on the west, the improvements to be made to the intersections at 9' Avenue South and ls` Avenue South, and all roadway alterations and improvements to be constructed on the Campus Property and the Undeveloped Parcel that are made necessary by the design and construction of the street. FHS's Pro Rata Share of the cost of building the Road Extension shall be determined and payable at such time as the City, by appropriate action of its City Council has approved the final design of the Road Extension and authorized a call for bids. 2.2 Calculation of Pro Rata Share. FHS's Pro Rata Share of the cost of building the Road Extension shall be in the same ratio as the number of estimated motor vehicle trips generated by the Campus Property and the Undeveloped Parcel that will use the Road Extension compared to the number of all estimated motor vehicle trips that will use the Road Extension regardless of source or destination. The calculation of FHS's Pro Rata Share shall be determined by a traffic impact analysis conducted by a traffic engineer, which engineer shall be acceptable to both the City and FHS. In establishing the number of estimated motor vehicle trips generated by the Campus Property and the Undeveloped Parcel (to be estimated at the time of the traffic impact analysis) that will use the Road Extension, the traffic engineer shall consider all trips generated by projects constructed on the Campus Property (including Parcel C as described in 5 149 EX1H 17"" ---- PAGE-LO-QF-A-8- Exhibit PAGE LO CSF A-8 - -- �- Exhibit A) and the Undeveloped Property after but not before March 17, 1992, or proposed for construction by FHS at the time of the traffic impact analysis; provided, however, that trips generated by projects constructed after the date of this Agreement on Parcels B and C, as described, in Exhibit A attached hereto, shall not be included in establishing the number of estimated trips generated by the Campus Property and the Undeveloped Parcel. In establishing the number of all estimated trips from all sources (to be estimated at the time of the traffic impact analysis) that will use the Road Extension at the time of its construction, the traffic engineer shall include all trips generated by all projects on the Campus Property regardless of when they were constructed. 2.3 Costs to Which Pro Rata Share Applies. The costs of building the Road Extension for which FHS must pay its Pro Rata Share shall be limited to all of the direct costs of the design and construction of the Road Extension (including the cost of labor and materials and the fees of architects, engineers, contractors and a construction manager) which are incurred and paid by the City, or for which the City is obligated to reimburse to a third party who constructs the Road Extension at the direction of the City, and the cost of the traffic impact analysis described in Section 2.2 hereof. The costs subject to reimbursement by FHS shall not include (a) the cost of installation of utilities in the Road Extension's right-of-way except for utilities such as electrical lines, storm drains, fire hydrants, and water mains to the extent that they are necessary for the proper lighting, drainage and fire protection of the Road Extension, (b) the cost to the City of acquiring any property included in the Road Extension's right-of-way, (c) the value of any property conveyed or dedicated by any other party to the City and included in the Road Extension's right-of-way, and (d) the cost of any improvements that would otherwise be a part of the Road Extension but that are required to be made by any other party or property owner as a condition of obtaining a development permit or approval necessary for the development of its property - 3i 150 EXHIBIT -- PAGE-LI - P GE iI 3. Off -Site Mitigation for Proiect and Future Proiects. 3.1 Off -Site Impacts of Project. As part of the mitigation of off-site traffic impacts resulting from the Project, FHS shall pay a pro rata share of the cost of all proposed transportation improvement projects other than the Road Extension that are described in the SEPA threshold determination to be issued for the Project. The calculation of FHS's pro rata share shall be based upon the ratio of the number of estimated trips generated solely by the Project that use each proposed transportation improvement project compared to the number of all trips estimated to use each proposed transportation improvement project. The calculation of the FHS's pro rata share for those projects shall be determined by the City of Federal Way Public Works Director based upon the traffic impact analysis dated November 20, 2000, conducted by the Transpo Group Incorporated. FHS shall pay its pro rata share due under this Section prior to and as a condition of issuance of the building permit for the Project. 3.2 Off -Site Impacts of Future Projects. As part of the mitigation of the off-site traffic impacts of any future project proposed prior to construction of the Road Extension for the Undeveloped Property and the Campus Property, other than Parcels B and C as described in Exhibit A, FHS shall pay a pro rata share of the costs of the then proposed off-site transportation improvement projects other than the Road Extension, as determined by the Federal Way Public Works Director in accordance with the applicable Federal Way City Code provisions or other City ordinances in effect at the time of the proposed future project. In addition, FHS shall pay its Pro Rata Share of the cost of the Road Extension attributable to the proposed future project determined and payable in accordance with Section 2 of this Agreement. If the City adopts a system of traffic impact fees applicable to future projects in order to pay for the cost of proposed road improvements that includes the Road Extension, then FHS shall not be required to pay that portion of the traffic impact fee attributable to the cost of the Road Extension. Future projects on Parcels B and C as described in Exhibit A are excluded from the rights and obligations of FHS under this Section 3.2 since those two parcels are ground leased by FHS to others, and the ground lessees rather than FHS shall be responsible for the payment of any off-site traffic impacts, 7 151 including impacts to the Road Extension, attributable to any proposed future development of those two parcels. For future projects constructed thereon, Parcels B and C as described in Exhibit A shall be subject to all requirements for mitigation of off-site traffic impacts imposed under the Federal Way City Code or as conditions of development approval at the time of the development approval. 3.3 Future Development of Undeveloped Parcel. As a part of any proposed future development of the Undeveloped Parcel prior to the construction of the Road Extension, FHS shall prepare a binding site plan for the Undeveloped Parcel that shows the proposed development and establishes the north thirty (30) feet thereof as a separate parcel subject to the requirements of Section 1.1 hereof. 4. Local Improvement District. In the event a local improvement district is created for the purpose of constructing the Road Extension, then the City shall exclude from the district the Undeveloped Parcel and the Campus Property other than Parcels B and C as described in Exhibit A attached hereto. If those parcels may not be lawfully excluded from the district, then this Agreement shall terminate, provided that if FHS has dedicated Tract Z and/or the north thirty (30) feet of the Undeveloped Parcel and/or paid its Pro Rata Share of the cost of the Road Extension pursuant to the terms of this Agreement, then any Pro Rata Share amount paid by FHS, plus interest thereon at the legal rate from the date of payment, and the value of any property dedicated as determined by an MAI appraisal, shall be allowed as a credit upon any assessment imposed by the district upon the Undeveloped Parcel and Campus Property other than Parcels B and C as described in Exhibit A attached hereto. The appraisal shall be performed by an appraiser selected by FHS subject to the reasonable approval of City. FHS shall pay the cost of the appraisal which shall be allowed as a credit upon any assessment by the district. 152 i 71 it:e 5. Effective Date; Term. PAGiEJS--L�;F-4t-1F This Agreement shall be effective on the date of execution of this Agreement by duly authorized representatives of each party. This Agreement shall terminate without further action of either party upon completion of construction of the Road Extension and the performance by the parties of all their duties set forth in this Agreement. 6. Indemnification and Waiver and Release of Claims. 6.1 Indemnification. FHS shall indemnify, defend and hold the City harmless from any and all claims, liabilities and costs incurred, including a reasonable attorneys' fee, arising out of FHS's ownership of Tract Z and the north thirty (30) feet of the Undeveloped Parcel including without limitation any claim respecting the title of FHS to such property and any claim that prior to its dedication such property contained or released a hazardous substance that is in violation of any state or federal law or regulation dealing with hazardous substances and/or the protection of the environment. Indemnification under this Section 6.1 shall be conditioned upon the City's prompt tender of any such claim to FHS for indemnification and defense. 6.2 Waiver and Release of Claims. FHS hereby waives and releases any and all claims it might have against the City arising out of the execution of this Agreement, including without limitation any claim that the Agreement is illegal or invalid or that the participation by FHS is other than voluntary. 7. General Provisions. 7.1 Binding on Successors. This Agreement is intended to protect the value of, and facilitate the use and development of, the Campus Property and the Undeveloped Parcel, and to protect the public health, safety, and welfare of the City of Federal Way. Therefore, the covenants set forth herein shall be construed to and do touch and concern the Campus Property 9 153 and the Undeveloped Parcel (other than Parcels B and C as described in Exhibit A hereto) and the benefits and burdens inuring to FHS and to the City from this Agreement shall run with the land and shall be binding upon FHS, its heirs, successors, and assigns, and upon the City. A Memorandum of Agreement, in the form attached hereto as Exhibit C, shall be executed by the parties concurrently with the execution of this Agreement and recorded with the King County Recorder's office. 7.2 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 7.3 Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 7.4 Authority. The City and FHS each represents and warrants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. FHS further represents and warrants that it is the fee owner of the Undeveloped Parcel and the Campus Property, that it has authority to agree to the covenants contained herein, and that there are no other persons, entities, or parties with any fee interest in the Undeveloped Parcel and the Campus Property. 7.5 Amendment. This Agreement may be modified only by a written instrument duly executed by all parties. This Agreement and the Project shall not be subject to a new zoning ordinance or development standard or regulation or any amendment thereto concerning traffic impact mitigation that is adopted after the date of this Agreement; provided, however, that the City reserves the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 10 154 7.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 7.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 7.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof, which is the provision of mitigation of on- and off-site traffic impacts from the development of the Project and other future development of the Undeveloped Parcel and Campus Property other than Parcels B and C as described in Exhibit A attached hereto. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 7.9 Enforcement. In the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by FHS, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement. 7.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages resulting from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 11 155 7.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 36.70B.170-.210. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a Washington municipal cors BY; Moseley, Cit Manager Date: `,,a 000 FRANCISCAN HEALTH SYSTEM -WEST, a Washington nonprofit corporation L •4 � c. �3, c1,o f.3 � S'cn . �/. P . (print name and title) Date: g-Zo- to/ ATTEST: This 5 day o wl: , 2001. 0deral stineG e , CMC (j V Way City Clerk Approved as to Form for City of Federal Way: ...... z9K �. City Attorney, Bob C. Sterbank 12 156 Approved as to Form for Franciscan Health System -West: H. Frank Crawford STATE OF WASHINGTON ) ss. COUNTY OF KING ) EXHIB! PAGE On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation 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 was authorized to execute the said instrument. Given under mY hand and official seal this _ day o , 2001. h �I� rs, Zary signatur (typed/printed name of notary) �j Notary Public in and for the State of Washington. My commission expires: 5-5-C6 STATE OF WASHINGTON ss. COUNTY OF PIERCE On this day of 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the Sc -v z or J «e- -k-3r,% A,—* of FRANCISCAN HEALTH SYSTEM -WEST, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged 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 is authorized to execute said instrument on behalf of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. hfcrdev-agr-7.doc 01921-00066 04302001 (notary signature A"Arra. twrl(�5 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: 6--.Z0 - e3, 13 157 PAG E._ L � A _ -- --- EXHIBIT A TO VOLUNTARY DEVELOPMENT AGREEMENT DESCRIPTION OF CAMPUS PROPERTY PARCEL A (Main Hospital): Parcel C-1, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington, as corrected by Affidavit of Correction recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No. 750451-0020-00 PARCEL B (Medical Office Building): Lot 1-A, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington as corrected by Affidavit of Correction recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No. 750451-0010-02 PARCEL C (Medical Office Pavilion): Tract C-1, as described in St. Francis Hospital, a Binding Site Plan -Amendment No. 1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. Tax Parcel No. 750451-0050-03 PARCEL D (Emergency Room Access): Tract D-2, as described in St. Francis Hospital, a Binding Site Plan -Amendment No. 1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. Tax Parcel No. 750451-0060-01 14 158 E. PAEJ-q-0F PARCEL E (Access Road and Parking): Tracts A, B, E, F and X of King County Short Plat no. 386052 recorded under recording no. 8805020103, said short plat being a subdivision of Lot 3 and a portion of Lot 2, West Campus Business Park, according to plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington. Tax Parcel Nos.: 750451-0020-08, 750451-0040-06,750451-0070-09, 750451-0080-07, and 750451-0090-05 PARCEL F (South Parking Lot): The West half of the East half of the Southwest quarter of the Northeast quarter of the Southwest quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; EXCEPT the East 40 feet of the South 200 feet of the North 300 feet; and EXCEPT the South 375 feet of the Remainder; and The North 100 feet of the East half of the South half of the East half of the West half of the Northeast quarter of the Southwest quarter of said Section 20; TOGETHER WITH an easement for ingress, egress and utilities purposes over, under and across the West 20 feet of the South half of the West half of the East half of the Northeast Quarter of the Southwest Quarter of said Section 20; EXCEPT COUNTY ROAD. Tax Parcel No. 202104-9113-02 15 159 EXH 1 EXHIBIT B TO VOLUNTARY DEVELOPMENT AGREEMENT DESCRIPTION OF UNDEVELOPED PARCEL The North half of the West half of the Northeast quarter of the Southwest quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; EXCEPT that portion of said subdivision described as follows: Commencing at the northwest corner of said subdivision; Thence along the North line thereof South 88°46'40" East 295.00 feet to the true point of beginning; Thence continuing along said North line South 88°46'40" East 359.08 feet to the Northeast corner of said subdivision (said Northeast corner also being the Northwest corner of Lot 3 of West Campus Business Park, according to the plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington); Thence along the east line of said subdivision south 01°14'49" West 659.58 feet to the Southeast corner of said subdivision; Thence along the South line of said subdivision North 88°45'46" West 358.70 feet; Thence parallel with the West line of said subdivision North 01°12'52" East 659.49 feet to the true point of beginning. Tax Parcel No. 202104-9038-04 16 160 PAGE -4-1-,F EXHIBIT C TO VOLUNTARY DEVELOPMENT AGREEMENT After Recording Return To: City of Federal Way Attn: Karen Kirkpatrick PO Box 9718 Federal Way, WA 98063-9718 MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT Complete Legal Description on Exhibit A Abbreviated Legal Description: Parcel C-1, St. Francis Binding Site Plan as recorded in Vol. 160 of Plats, pages 44 - 48, corrected under Recording No. 9505221043; Tract D-2, St. Francis Binding Site Plan as recorded in Vol. 176 of Plats, pages 71 - 75; and The N % of the W '/2 of the NE '/4 of the SW 3/4 of Section 20 TWN 21 N, Range 4 E, W.M., King Co., Washington. Tax Parcel No.: 750451-0020-00; 750451-0060-01; 202104-9038-04 KNOW ALL PERSONS BY THESE PRESENTS, that the City of Federal Way, Washington, a municipal corporation ("City") and Franciscan Health System -West, a Washington nonprofit corporation ("FHS") have entered into a Voluntary Development Agreement dated 2001 (the "Agreement') as authorized by RCW 36.70B.170-.210 with respect to the real property located in the City of Federal Way, County of King, State of Washington, and more fully described in Exhibit A attached hereto. The Agreement provides, among other things, for the dedication by FHS to the City of the north thirty (30) feet of Parcels A, B, and C, as described in Exhibit A attached hereto, for an extension of South 344' Street in Federal Way, Washington, from 90' Avenue South on the east to 1" Avenue South on the west (the "Road Extension") and for FHS to pay to the City its Pro Rata Share of the City's costs incurred in building the Road Extension. A copy of the Agreement may be found on file with the City of Federal Way in File No. The Agreement became effective upon execution by the parties and it shall terminate without further action of either party upon completion of construction of the Road Extension and the performance by the parties of all their duties as set forth in the Agreement. Following termination, the 17 161 fl PAG E— _.� .Z �a..._ City will, upon demand of FHS, execute and record an acknowledgment that the Agreement has terminated and that this Memorandum of Voluntary Development Agreement ("Memorandum") should be released as a matter of record. The Agreement is incorporated by reference herein as though written at length herein, and the Agreement and this Memorandum shall be deemed to constitute but a single document, and in the event of conflict between this Memorandum and the Agreement, the terms of the Agreement shall control. Capitalized terms used in this Memorandum shall have the same meaning ascribed to them in the Agreement. This Memorandum shall inure to the benefit of, and binding upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands this _ day of 12001. CITY OF FEDERAL WAY, FRANCISCAN HEALTH SYSTEM -WEST, a Washington municipal corporation a Washington nonprofit corporation M -A David H. Moseley, City Manager Date: ATTEST: This day of N. Christine Green, CMC Federal Way City Clerk Approved as to Form for City of Federal Way: City Attorney, Bob C. Sterbank (print name and title) Date: 2001. Approved as to Form for Franciscan Health System -West: H. Frank Crawford 18 162 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation 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 was authorized to execute the said instrument. Given under my hand and official seal this day of , 2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: STATE OF WASHINGTON ss. COUNTY OF PIERCE On this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of FRANCISCAN HEALTH SYSTEM -WEST, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged 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 is authorized to execute said instrument on behalf of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. 1921.66\agreements\hfcr40e - 04302001 (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: 19 163 �m,� r- [-_ 11 &.r' PAGE-27h 27 i C EXHIBIT A TO MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT PROPERTY OWNED BY FHS PARCEL A (Main Hospital): Parcel C-1, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington, as corrected by Affidavit of Correction recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No. 750451-0020-00 PARCEL B (Emergency Room Access): Tract D-2, as described in St. Francis Hospital, a Binding Site Plan -Amendment No. 1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. Tax Parcel No. 750451-0060-01 PARCEL C (Undeveloped Parcel): The North half of the West half of the Northeast quarter of the Southwest quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; EXCEPT that portion of said subdivision described as follows: Commencing at the northwest corner of said subdivision; Thence along the North line thereof South 88°46'40" East 295.00 feet to the true point of beginning; Thence continuing along said North line South 88°46'40" East 359.08 feet to the Northeast corner of said subdivision (said Northeast corner also being the Northwest corner of Lot 3 of West Campus Business Park, according to the plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington); Thence along the east line of said subdivision south 01°14'49" West 65 9.5 8 feet to the Southeast corner of said subdivision; Thence along the South line of said subdivision North 88°45'46" West 358.70 feet; Thence parallel with the West line of said subdivision North 01 ° 12'52" East 659.49 feet to the true point of beginning. Tax Parcel No. 202104-9038-04 20 164 PAGE After Recording Return To: City of Federal Way Attn: Karen Kirkpatrick PO Box 9718 Federal Way, WA 98063-9718 MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT Complete Legal Description on Exhibit A Abbreviated Legal Description: Parcel C-1, St. Francis Binding Site Plan as recorded in Vol. 160 of Plats, pages 44 - 48, corrected under Recording No. 9505221043; Tract D-2, St. Francis Binding Site Plan as recorded in Vol. 176 of Plats, pages 71 - 75; and The N `/2 of the W %x of the NE 1/4 of the SW `/4 of Section 20 TWN 21 N, Range 4 E, W.M., King Co., Washington. Tax Parcel No.: 750451-0020-00; 750451-0060-01; 202104-9038-04 KNOW ALL PERSONS BY THESE PRESENTS, that the City of Federal Way, Washington, a municipal corporation ("City") and Franciscan Health System -West, a Washington nonprofit corporation ("FHS") have entered into a Voluntary Development Agreement dated 2001 (the "Agreement') as authorized by RCW 36.70B.170-.210 with respect to the real property located in the City of Federal Way, County of King, State of Washington, and more fully described in Exhibit A attached hereto. The Agreement provides, among other things, for the dedication by FHS to the City of the north thirty (30) feet of Parcels A, B, and C, as described in Exhibit A attached hereto, for an extension of South 344°i Street in Federal Way, Washington, from 9' Avenue South on the east to I` Avenue South on the west (the "Road Extension") and for FHS to pay to the City its Pro Rata Share of the City's costs incurred in building the Road Extension. A copy of the Agreement may be found on file with the City of Federal Way in File No. RGA` O t - OM The Agreement became effective upon execution by the parties and it shall terminate without further action of either party upon completion of construction of the Road Extension and the performance by the parties of all their duties as set forth in the Agreement. Following termination, the 165 EXE PAGE -No - City will, upon demand of FHS, execute and record an acknowledgment that the Agreement has terminated and that this Memorandum of Voluntary Development Agreement ("Memorandum") should be released as a matter of record. The Agreement is incorporated by reference herein as though written at length herein, and the Agreement and this Memorandum shall be deemed to constitute but a single document, and in the event of conflict between this Memorandum and the Agreement, the terms of the Agreement shall control. Capitalized terms used in this Memorandum shall have the same meaning ascribed to them in the Agreement. This Memorandum shall inure to the benefit of, and binding upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands this _ 1j day of 2001. CITY OF FEDERAL WAY, a Was iington municipal corporation FRANCISCAN HEALTH SYSTEM -WEST, a Washington nonprofit corporation BY:BY: (` _ -a2'� J avid H. ose ey, City Manag /A-� e , l AJ'^C E, o (s . Se. (print name and title) Date: j`h—'H�J �� SCJ 1 Date: t ATTEST: This `J day of 12001. A�ffi jW stineGre , CMC deral Way City Clerk Approved as to Form for City of Federal Way: Aw � . City Attorney, Bob C. Sterbank 2 166 Approved as to Form for Fr c' can Health System -West: 4 ��4 H. Frank Crawford ' '1-" 6 .", - P STATE OF WASHINGTON ) )ss. _..- COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation 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 was authorized to execute the said instrument. Given under my hand and official seal this S day o 2001 ary signature a . • ► (typed/printed name of notary) i ~ s Notary Public in and for the State of Washington. My commission expires: 5-5-05 . STATE OF WASHINGTON ) ss. COUNTY OF PIERCE On this � day of Sw,.e. , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the 5e^o,- of FRANCISCAN HEALTH SYSTEM -WEST, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged 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 is authorized to execute said instrument on behalf of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. 1921.66\agreements\hfcr40e - 04302001 v Uh.UGo (notasignature) n(A r e OL.- (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: \3 -j D - 03. 167 EXHIBIT A TO MEMORANDUM OF VOLUNTARY DEVELOPMENT AGREEMENT PROPERTY OWNED BY FHS PARCEL A (Main Hospital): Parcel C-1, as described in St. Francis Hospital, a Binding Site Plan, according to the plat thereof, recorded in Volume 160 of Plats, pages 44 through 48, inclusive, in King County, Washington, as corrected by Affidavit of Correction recorded May 22, 1995, under Recording Number 9505221043. Tax Parcel No. 750451-0020-00 PARCEL B (Emergency Room Access): Tract D-2, as described in St. Francis Hospital, a Binding Site Plan -Amendment No. 1, according to the plat thereof, recorded in Volume 176 of Plats, pages 71 through 75, in King County, Washington. Tax Parcel No. 750451-0060-01 PARCEL C (Undeveloped Parcel): The North half of the West half of the Northeast quarter of the Southwest quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; EXCEPT that portion of said subdivision described as follows: Commencing at the northwest corner of said subdivision; Thence along the North line thereof South 88°46'40" East 295.00 feet to the true point of beginning; Thence continuing along said North line South 88°46'40" East 359.08 feet to the Northeast corner of said subdivision (said Northeast corner also being the Northwest corner of Lot 3 of West Campus Business Park, according to the plat thereof, recorded in Volume 97 of Plats, pages 78 through 82, inclusive, in King County, Washington); Thence along the east line of said subdivision south 01°14'49" West 659.58 feet to the Southeast corner of said subdivision; Thence along the South line of said subdivision North 88°45'46" West 358.70 feet; Thence parallel with the West line of said subdivision North 01°12'52" East 659.49 feet to the true point of beginning. Tax Parcel No. 202104-9038-04 2 168 COUNCIL MEETING DATE: April 5, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2011 Planning Commission and Long Range Planning Work Program POLICY QUESTION: How should the 2011 Planning Commission Work Program be prioritized? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: March 7, 2011 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret Clark, Principal Planner DEPT: Community & Economic Development Attachments: February 22, 2011, Staff Report to the LUTC Background: At the beginning of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The Planning Commission's work program consists of reviewing and making recommendations to the Land Use/Transportation Committee (LUTC) and City Council on comprehensive plan amendments that are docketed and selected for further review, and zoning code amendments that are prioritized for review by the LUTC and City Council. Staff has prepared the attached staff report to assist the LUTC and City Council in approving this year's work program. Options Considered: 1) Approve the Mayor's recommendation; 2) Modify the Mayor's recommendation. MAYOR'S RECOMMENDATION: Approval of the 2011 Planning Commission Work Program as outlined in Section I of the February 22, 2011, Staff Report to the LUTC. nO MAYOR APPROVAL: AIL4 DIRECTOR APPROVAL: tonknittee Council Vonfinittee Council COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the April 5, 2011, City Council meeting for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move approval of the LUTC's recommendation to approve the 2011 Planning Commission Work Program, which is attached as Exhibit A (to be prepared after the LUTC recommendation) " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # K:\2011 Planning Commission Work Program\LUTC\Agenda Bill.doc 169 4 k 011t CITY OF Federal Way DATE: February 22, 2011 TO: Linda Kochmar, Chair d Use/Transportation Committee (LUTC) FROM: ick Doherty, Director of Community and Economic Development .Margaret H. Clark, Principal Planner SUBJECT: 2011 Planning Commission and Long Range Planning Work Program MEETING DATE: March 7, 2011 A. POLICY QUESTION How should the 2011 Planning Commission Work Program be prioritized? B. BACKGROUND At the beginning of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The Planning Commission's work program consists of reviewing and making recommendations to the Land Use/Transportation Committee (LUTC) and City Council on comprehensive plan amendments that are docketed and selected for further review, and zoning code amendments that are prioritized for review by the LUTC and City Council. The purpose of this memorandum is to assist the LUTC and City Council in approving this year's work program. The information is organized as follows: 1. Section C — Items completed in 2010. 2. Section D — Status of items started in 2010 to be carried forward to 2011 3. Section E — 2011 Code Amendments Requests 4. Section F — Annual Comprehensive Plan Amendments Requests 5. Section G — 2014 Major Comprehensive Plan Update 6. Section H — Other Long Range Planning Responsibilities. This is a list of other long range planning responsibilities that are not part of the Planning Commission Work Program but are required to be done by long range planning staff. 7. Section I — Potential Planning Commission Work Program/Staff Recommendation. This includes 170 work such as monitoring and reporting and the annual comprehensive plan amendments which must be done. This year, it also includes work funded by a Communities Putting Prevention to Work (CPPW) Grant. It also includes a prioritized list of potential code amendments. C. ITEMS COMPLETED IN 2010 • Amendments to remove square foot limitations for health clubs in the BN zone located in the vicinity of 21St Avenue SW and SW Campus Drive • Amendments related to measuring the size of an Accessory Dwelling Unit (ADU) • Amendments related to who can conduct appraisals • Amendments related to short subdivision notice requirements • Amendments deferring payment of mitigation fees • Amending the City Center Planned Action SEPA boundaries • Amendments to specify maximum block perimeters • Amendments clarifying submittal requirements for plats and commercial projects • Amendments.related to parking materials for residential lots • Amendments clarifying what constitutes a complete application and review standards of the FWRC • Amendments to height and open space regulations in the BC Zone and other miscellaneous amendments • Amendments to allow a limited number of chickens and ducks on urban -sized lots • 2010 Comprehensive Plan Update D. STATUS OF ITEMS TO BE CARRIED OVER INTO 20101 Description Status Complete the Shoreline Master Program Update (Required) Final draft was forwarded to Department of Ecology (DOE) in December 2010. Off-site real estate signs Scheduled for City Council on March 7, 2011 E. 2011 CODE AMENDMENTS REQUESTS The FWRC requires the City to accept applications for code amendments on an annual basis. The City received the following citizen -initiated code amendments in September 2009 and September 2010: 1. File 09 -103760 -UP — Request by Jon Moore to amend FWRC Chapter 10.215, Neighborhood Business (BN) to allow kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. 2. File 09 -103848 -UP —Request by John Tsakonar to amend the FWRC to prohibit temporary car sales. Presently, such uses are regulated by FWRC 12.25, "Temporary Businesses," and not by FWRC 19.275, "Temporary Use." This can be incorporated into a code amendment to make the two sections consistent with each other. 1 The items are in process and are anticipated to be completed in 2011. Land Use transportation Committee (LUTC) Staff Report 171 Meeting Date: March 7, Mi 1 2011 Planning Commission and Long Range Planning Work Program Page 2 3. File 10 -104120 -UP –Request by Roger Hazzard to amend FWRC 19.235.010 increase the maximum percentage of an office or retail facility used as an accessory warehouse from 20 percent to 50 percent of gross floor area. F. ANNUAL COMPREHENSIVE PLAN AMENDMENTS REQUESTS The FWRC requires the City to accept applications for amendments to the comprehensive plan on an annual basis. The following two requests were received in September 2010 (please see February 23, 2011, Staff Report to the LUTC titled "Selection Process – 2011 Comprehensive Plan Amendments" for more detail): 1. File 10 -103935 -UP – Request from Melvin Hansen (Emerald Heights) for a comprehensive plan amendment and rezone of 4.73 acres (Parcel no. 302104-9041) located at 36606 6th Avenue SW, from Single Family - Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family - High Density Residential (RS 9.6, one unit per 9,600 square feet or RS 7.2, one unit per 7,200 square feet). 2. File 10 -104109 -UP – Request from Joe Kunkel of The Healthcare Collaborative Group on behalf of St Francis Hospital for a comprehensive plan amendment to remove the planned principal collector shown on Map III -5 of the Comprehensive Plan. This planned street extends from 9"' Avenue South on the east along the north boundary of the hospital campus to connect to 1 st Way South on the west, just north of the Federal Way Regional Library. G. 2014 MAJOR COMPREHENSIVE PLAN UPDATE Pursuant to RCW 36.70A. I 30(4)(a), "Comprehensive plans — Review procedures and schedules — Amendments," the City of Federal Way, along with King County and its cities, must take action every seven years to review and if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the Growth Management Act (GMA). In 2010, a bill was passed to extend the deadline for the updates to December 1, 2014. Staff will be initiating work on the major comprehensive update during this calendar year and will be coming back to you with a time line in the near future. H. OTHER LONG RANGE PLANNING RESPONSIBILITIES The following describes reporting or monitoring work required by the state, county, or other agencies. This is part of the Long Range Division Work Program, but not part of the Planning Commission Work Program: • Prepare an annual report on building permit and other housing -related data to the Washington Office of Financial Management, which is used to determine the population of the City as of April 1St of each year. • Prepare an annual report on the number of building permits broken out by type and achieved densities of all residential development and floor area ratios of non-residential development to King County to be used for the King County Benchmark and Annual Growth Information Reports, Land Use/Transportation Committee (LUTC) Staff Report 172 Meeting Date: March 7, 2011 2011 Planning Commission and Long Range Planning Work Program Page 3 the Buildable Lands Report, and annual reports prepared by the Puget Sound Regional Council (PSRC). • Provide information on an annual basis to King County on affordable housing, acres of parkland, Urban Center activity, and miles of streets to be used as benchmarks in measuring how the City is meeting the requirements of the Growth Management Act (GMA). This information is also included in the King County Benchmark and Annual Growth Information Report. • Provide information on an annual basis on subdivision activity to King County. • Respond to surveys from University of Washington, PSRC, and other institutions. • Work on a City interdepartmental team to prepare a capacity analysis for residential units and employment and coordinate population projections and land use allocations for the City and its related Transportation and Analysis Zones (TAZ's). • Review proposed amendments to the King County Countywide Planning Policies and provide information to the City Council for their feedback. I. POTENTIAL 2011 PLANNING COMMISSION WORK PROGRAM/STAFF RECOMMENDATION The Long Range Planning staff is comprised of 1.5 FTE's. Based on past experience, the long range planning staff's time is expected to be spent on the annual comprehensive plan update process and reporting and monitoring work required by state law. In addition, staff is in the process of completing the Shoreline Master Program Update and working on a Communities Putting Prevention to Work (CPPW) grant, which is funded through March 19, 2012. The CPPW grant work includes three components — a Bicycle and Pedestrian Master Plan, a Sub -area Plan for the area encompassing 21 st Avenue SW and SW Campus Drive, and a Nutritional Assessment. Staff will also be working on the 2014 Major Comprehensive Plan Update. Given these resources, staff recommends the following Planning Commission Work Program. As in the past, it is the staff's intention to complete the adopted work program by the end of the calendar year; however, some items may have to be carried over to the 2012 Work Program if we are unable to complete them in 2011. The potential Work Program is organized as follows: 1. Mandatory —Anticipated to be completed in 2011 • Complete the Shoreline Master Program Update • Monitoring and Reporting — Includes Report to the Office of Financial Management; Buildable Lands Report; and Report to the Puget Sound Regional Council (PSRC) • Complete the 2011 Comprehensive Plan Update • Prepare an amendment, if necessary, to allow electric vehicle charging stations • Start the 2014 Major Comprehensive Plan Update (Not required but recommended to be started this year) Land Use/Transportation Committee (LUTC) Staff Report 173 Meeting Date: March 7, 2011 2011 Planning Commission and Long Range Planning Work Program Page 4 2. CPPW Grant -related —Majority of the Work to be completed in 2011 • Prepare Bicycle and Pedestrian Master Plan • Prepare Sub -area Plan for the area encompassing 21 st Avenue SW and SW Campus Drive • Adopt policies for healthy eating and increased access to health foods 3. Not mandatory — in Priority Order • Complete off-site real estate signs amendment • Consider citizen -initiated request to allow kennels, dog day care, and pet training in the BN zone. • Increase the maximum allowable building height and amend requirements for open -space set-aside in the City -Center Core (CC -C) zoning district • Amend FWRC 12.25 "Temporary Businesses," and FWRC 19.275 "Temporary Use" to make them consistent with each other. Consider citizen -initiated request to prohibit temporary car sales • Amend FWRC 19.235.010 to increase the maximum percentage of an office or retail facility used as an accessory warehouse from 20 percent to 50 percent of gross floor area. • Consider Business/Developer Friendly Amendments such as: • Stream line review processes to make variances and critical area exemptions administrative approvals and reduce the number of required processes • Expand exemptions to the review processes, such as external improvements that are not visible off-site • Clarify process for additions to developed sites and Change of Use • Broaden uses and standardize bulk and dimensional requirements by zone • Reduce or eliminate front yard setbacks in commercial zones • Specify parking ratios for all uses with the option for a request for modifications Consider incentives for development projects such as: • Flexible road standards • Increased density Increase exempt levels for a threshold determination for minor new construction under the State Environmental Policy Act (SEPA)2 Research zoning -related incentives to encourage Low Impact Development.3 J. COMMITTEE OPTIONS The LUTC and/or City Council may substitute items on the Potential 2011 Planning Commission Work Program, or may modify the priority order recommended by staff. K:\2010 Planning Commission Work Program\LUTC\020110 Meeting\StaffReport.doc Z There are two bills in the Legislature proposing to raise the exempt levels of minor new construction, making them exempt from a SEPA threshold determination, if they are located in an Urban Area 3The Department of Ecology will be issuing draft rules related to LID by June 2011 Land Use/Transportation Committee (LUTC) Staff Report Meeting Date: March 7, 2011 2011 Planning Commission and Long Range Planning Work Prf4am Page 5