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Council PKT 02-18-2014 RegularCITY OF ,� Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 18, 2014 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Diversity Commission Certificate of Appointment b. Catholic Community Services Reach Out c. Arts Commission Update d. Mayor's Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN 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 minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: February 4, 2014 Special and Regular Meeting ...page 3 b. Allocation of 2014 City Employee Human Services General Fund Donations ...page 11 c. Family Funland Labor ...page 13 d. 2014 Parks & Recreation Commission Work Plan ...page 16 e. T- Mobile Site Lease Renewal — Panther Lake ...page 18 f. Authorization to amend the 2013 -14 SWM Infrastructure Maintenance and Service Contract; increasing the total compensation by $150,563.00 ...page 22 6. PUBLIC HEARING a. Renewing the Moratorium on Group Homes Type III ...page 26 • Staff Presentation • Public Comment The Council may add items and take action on items not listed on the agenda. 7. COUNCIL BUSINESS a. Arts Commission Appointment ...page 27 b. DUI & Distracted Driving Funding — The "Nick & Derek Project' ...page 28 c. Motorist Information Signs - Code Interpretation ...page 30 d. Mobile /Manufactured Home Park (MHP) Zoning Designation ...page 34 e. 2014 Planning Commission Work Program ...page 39 f. Suspend Council Rule 21.4 — Council Vacancy Interview Process ...page 51 8. ORDINANCES First Reading: a. CB# 641 Amending the final Administrative Decision /Appeal Process ...page 54 An ordinance of the City of Federal Way, Washington, relating to final administrative decisions of the City, amending sections 19.70.010, 19.70.050, 19.70.060, 4.30.110, 11.45.100, 14.10.060, 18.35.010, 18.35.080, 18.35.090, and repealing sections 19.70.180, 19.70.200, 19.70.210, 19.70.220, 19.70.230, and 19.70.250 of the Federal Way Revised Code First Reading and Enactment: b. CB# 642 'Renewing the Moratorium on Group Homes Type III ...page 72 An ordinance of the City of Federal Way, Washington, renewing the six month moratorium imposed by Ordinance 13 -747 on Group Homes Type 111 and other activities involved in the City's review and permitting of sex offender housing. 9. COUNCIL REPORTS 10. MAYOR'S REPORT 11. EXECUTIVE SESSION Sale or Lease of Property Pursuant to RCW 42.30.110(1)(c) 12. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the February 4, 2014 Special and Regular City Council Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: 0 Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Law / HR Attachments: Draft minutes from the February 4, 2014 Special and Regular City Council Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: C"-"\_ Committee Council Initial CHIEF OF STAFF: N/A N/A Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 11 APPROVED COUNCIL BILL # ❑ DENIED 1ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall February 4, 2014 6:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:01 p.m. Elected officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. Council position No. 1 vacant. City staff in attendance: Assistant City Attorney Amy Jo Pearsall and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Mayor, Council and Assistant City Attorney adjourned to Executive Session at 6:01 p.m. to discuss Potential Litigation pursuant to RCW 42.30.110(1)(i); Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Property Acquisition pursuant to RCW 42.30.110(1)(b) for approximately one hour. They adjourned from Executive Session at 6:41 p.m. 3. ADJOURNMENT The meeting was adjourned at 6:41 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council City Council Meeting Minutes — February 4, 2014 Special Meeting Page I of 1 CITY OF .� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 4, 2014 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:05 p.m. Elected officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. Council position No.1 vacant. City staff in attendance: Assistant City Attorney Amy Jo Pearsall and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell asked Boy Scout Troop 305 to lead the Pledge of Allegiance. 3. PRESENTATIONS a. Proclamation: J.R. Celski Mayor Ferrell read the Proclamation recognizing Federal Way native and 2014 Olympic Athlete J.R. Celski into the record and presented it to Bob and Sue Celski, J.R.'s parents. Mr. and Mrs. Celski thanked the Mayor and Council for the recognition and support. Mr. Celski noted he will be writing a blog while he is in Russia at the Olympics. He also shared information regarding a television show airing tomorrow night on NBC entitled "Raising an Olympic Athlete" which will feature J.R. and Sue Celski. b. Introduction of the Mayor's Blue Ribbon Panel Mayor Ferrell stated the purpose of the Blue Ribbon Panel is to take an objective look at the Performing Arts and Conference Center (PACC) project by reviewing the,pro forma as well as financial plans. The ultimate policy decision on whether or not to go forward with the project will be decided by the City Council. The City has hired two consultants to conduct an "apples to apples" comparison of the pro forma; Nida Tautvydas, the Event Coordinator at McIntyre Hall and Webb Management Services, which will also review the economic impacts of the project. This work will be part of what is reviewed by the Panel. Mayor Ferrell noted the Panel will conduct Ad Hoc meetings in February and provide a status report to Council prior to, or at their Annual Retreat on March 8th. The Council will conduct a Study Session on the Panel's findings in April. Mayor Ferrell introduced the City Council Minutes — February 4, 2014 Regular Meeting Page 1 of 6 following members of the Panel: • Dave Berger, a retired City, Government, and Economic Development Manager; • Scott Brown, Director of Operations at Piramco, Inc. located in Kent; • Brian Bullard, Vice President and Branch Manager of Columbia Bank in Federal Way; • Kathi Ferrari, Vice President /Principal Business Banker at Wells Fargo Bank in Tacoma; • Rob Harpster, Owner of Olympic Aerospace Company in Federal Way; • Steve Lewis, Retired President of Weyerhaeuser Real Estate Companies; • Mildred Oile'e, a Retired College Administrator; • Pam Smith, Director, Auburn Performing Arts Center; • Susan Streifel, CEO of Woodstone Credit Union in Federal Way Public input can be provided to the Panel members via the following email: blueribbonpanel (o)-cityoffederalway.com c. Arts Commission Certificates of Appointment At their January 21, 2014 meeting the City Council appointed members to serve on the Arts Commission. Councilmember Honda presented Certificates of Appointment to the individuals in attendance. d. Parks and Recreation Commission Certificates of Appointment At their January 21, 2014 meeting the City Council appointed members to serve on the Parks and Recreation Commission. Councilmember Honda presented Certificates of Appointment to the individuals in attendance. e. Human Services Certificates of Appointment At their January 21, 2014 meeting the City Council appointed members to serve on the Human Services Commission. Councilmember Honda presented Certificates of Appointment to the individuals in attendance. f. Mayor's Emerging Issues • Relationship with the Federal Way School District: Mayor Ferrell reported he recently met with School District Superintendent Rob Neu to discuss ways the City can partner with the School District, on various joint ventures. Mr. Neu will be providing quarterly updates at Council Meetings. Roy Parke's Concerns: As a follow up to Mr. Parke's public comments at the last meeting, Mayor Ferrell met with him and also toured the property. There is a long history associated with Mr. Parke's concerns. Mayor Ferrell noted the Council Rules of Procedure prohibit personal and slanderous remarks during Citizen Comment at meetings and there are other forums for addressing disputes. Mayor Ferrell stated he has communicated with Mr. Parke and relayed that we have heard the last of this issue during Citizen Comment. • Legislative Update: Mayor Ferrell stated he testified before the House Public Safety Committee in Olympia this morning regarding House Bill 2549, the Felony Elude Bill. This item is a priority on the City's Legislative Agenda and if approved will ensure that people who elude police and cause dangerous car chases serve an additional twelve months for egregious cases where danger to the public exists. Mayor Ferrell thanked City Council Minutes — February 4, 2014 Regular Meeting Page 2 of 6 Representatives Kochmar and Freeman for sponsoring the bill. On a previous trip to Olympia, Mayor Ferrell met with Legislative leaders concerning the Building for the Arts Grant. Council Vacancy Position 1: Deputy Mayor Burbidge stated the City Clerk has received 21 applications for the Council Vacancy so far. A few may arrive in the next day or two and will be accepted if postmarked on or before February 3rd. On February 7th the City Clerk will distribute the submitted application materials to Councilmembers for review. On March 1, Council will interview the applicants in an open public meeting held in Council Chambers and will make an appointment to fill the vacancy. Neighborhood Connection Meetings: Mayor Ferrell noted this is a series of meetings that will be held at elementary schools within the City. The Mayor, Councilmembers and members of city staff will be in attendance at these meetings. The first meeting is scheduled for February 27th at Brigadoon Elementary School at 6:00 p.m. Meeting topics will include code enforcement, police updates, traffic, and quality of life issues. There will be a follow up 6 -8 months later to review the status of the items discussed. • Senior Traffic Engineer Rick Perez: Parks and Public Works Director Cary Roe announced Senior Traffic Engineer Rick Perez has been invited to speak and share his expertise on the topic of flashing yellow lights by the Northern California International Traffic Engineers' Association. 4. CITIZEN COMMENT Nancy Combs stated she was displeased with the City and Councilmembers due to road /pedestrian improvements that occurred in her neighborhood. Residents in her neighborhood submitted a petition to have a 4 -way stop installed in her neighborhood and after review it was denied by the City. Neil Goldingay, a resident of the Star Lake community located in unincorporated King County, stated he would like to see his area annexed into the City. Mr. Goldingay spoke to the benefits of annexation for the City as well as the residents of his community. Mayor Ferrell noted his office will be in touch with him to discuss this item. Grace Erickson received a Sexual Offender Notification relating to a Level 3 sex offender residing in her neighborhood which is located near Decatur High School. Interim Police Chief Hwang was asked to speak with Ms. Erickson regarding this issue. Betty Taylor spoke to the importance of having services and job opportunities available for people with disabilities. She shared her recent experience with AmeriCorps, who she feels does not provide adequate opportunities to individuals with disabilities. Councilmembers encouraged Ms. Taylor to speak with other representatives of AmeriCorps regarding their services. 5. CONSENT AGENDA Items listed below have been previously reviewed in theirentirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 21, 2014 Special and Regular Meetings b. Renewal of Microsoft Enterprise Agreement City Council Minutes — February 4, 2014 Regular Meeting Page 3 of 6 c. Universal Cartridge, LLC CDBG Loan — Collateral Substitution d. Community Enhancement Grant Program Policies e. Vouchers Motion: Deputy Mayor Burbidge moved approval of Consent Agenda items 5.a. through 5.e. Councilmember Duclos second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. 6. COUNCIL BUSINESS a. Diversity Commission Appointment Motion: Councilmember Honda moved to appoint Ryan Miller as a voting member to the Diversity Commission to fill the remainder of an unexpired term through May 31, 2016. Councilmember Du Vote: Deputy 'Mayor Burbidge Councilmember Maloney Councilmember Honda Councilmember Celski Councilmember Moore Councilmember Duclos Motion carried 6 -0. 7. ORDINANCES clos second. Yes Yes Yes Yes Yes Yes Second Reading a. CB# 640: Criminal Code Update Relating To Crimes involving Scrap Metal Business An Ordinance of the City Council of the City of Federal Way, Washington, relating to crimes involving scrap metal businesses, adding a new section to Federal Way Revised Code 6.40 At their January 21 st meeting the Council received a presentation on this item and forwarded the ordinance to this meeting for second reading and enactment. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Honda moved to approve the proposed ordinance amending the Federal Way Revised Code to add a section for crimes involving scrap metal business. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes City Council Minutes — February 4, 2014 Regular Meeting Page 4 of 6 Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Ordinance 14 -748. 8. COUNCIL REPORTS Councilmember Maloney reported she has been meeting with community members to discuss various topics /issues. She appreciates meeting with community members and encouraged people to contact her if they have issues they wish to discuss. Today, she and the Mayor, along with staff met with a member of the British Consulate. She expressed her excitement about the formation of the Mayor's Blue Ribbon Panel. Councilmember Honda stated the next PRHSPS Council Committee Meeting is February 11th. She attended a meeting of the Federal Way Domestic Violence Task Force and will attend an upcoming meeting of the King County Domestic Violence Task force as she is the Sound Cities Association representative for the task force. She thanked everyone who was involved in last week's Seahawks rally. With the upcoming cold weather she encouraged everyone to check on their neighbors to ensure their safety. Councilmember Celski thanked Mayor Ferrell for the January 31St Seahawks rally. He is pleased to see the City's advertisement in "Choose Washington" magazine. The ad is very well done and represents the City quite well. He will be leaving to attend the Olympics this weekend and asked to be excused from the February 18th City Council Meeting. Councilmember Moore congratulated the Seahawks on their Super Bowl victory. He attended Senator Paul Chen's retirement celebration last week. He plans to start taking Korean language lessons. He attended a homeless advocacy training event. This issue is very important to him and he looks forward to learning as much as he can in regards to this issue. Councilmember Moore thanked Mayor Ferrell for his efforts with the Blue Ribbon Panel and also extended thanks to the members who have agreed to volunteer their time. Councilmember Duclos noted she attended the Regional Policy Committee (RPC) meeting on January 23`d. The Sound Cities Caucus met prior to the RPC meeting. At that meeting she was elected to serve as Vice Chair of the RPC for this year. The following issues were identified as items of interest to monitor; the Solid Waste Transfer Plan, Emergency Radio replacement and human trafficking. In addition, regional services such as transportation and freight mobility, human services, homelessness, siting of marijuana operation facilities, Storm Water planning /implementation, and emergency /disaster preparedness. Councilmember Duclos noted nothing has changed regarding the Solid Waste Transfer and Management Plan. The Algona station appears to be the chosen site. The King County Council Transportation, Economic and Environmental Committee introduced a motion today in support of a Transportation Benefit District and ballot measure for one —tenth of 1 % of Sales Tax and a $60 vehicle fee. Councilmember Duclos congratulated the Seahawks on their Super Bowl victory. Deputy Mayor Burbidge announced the Lodging Tax Advisory Committee will hold their Annual Retreat on February 13th at the Hampton Inn in Federal Way. She attended a Transportation Improvement Board meeting where they received a presentation on the routes the State has identified as very important for freight mobility. In addition the House and Senate Transportation Chairs provided highlights on transportation funding. She thanked the members of the Mayor's Blue Ribbon Panel for volunteering their time, as well as staff who gathered information for the Panel. The Federal Way Symphony will be performing this City Council Minutes — February 4, 2014 Regular Meeting Page 5 of 6 Sunday at 2:00 p.m. Centerstage is currently hosting a show entitled the Red Hot Chili Pipers. 9. MAYOR'S REPORT Mayor Ferrell provided an update on the Emergency Operations Center (EOC) Mock Press Conference that EOC representatives, staff and Council participated in last week. He thanked Parks and Public Works Director Cary Roe and his staff for their efforts with event. He reported on the Seahawks rally held at City Hall on January 31s' which included an appearance by former Seahawk Norm Johnson, all four City high school bands and Jet Cities Chorus. Mayor Ferrell thanked the City's IT Department for donating the enormous 12th Man Flag that is displayed outside of City Hall. On February 10th a delegation from the Hachinohe Chamber of Commerce will visit City Hall. 10. EXECUTIVE SESSION The Mayor and Council did not adjourn to Executive Session 11. ADJOURNMENT With no additional items on the agenda, Mayor Ferrell adjourned the meeting at 8:22 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — February 4, 2014 Regular Meeting Page 6 of 6 SUBJECT: ALLOCATION OF 2014 CITY EMPLOYEE HUMAN SERVICES GENERAL FUND DONATIONS. POLICY QUESTION: How should funds raised by City employees during the 2013 United Way campaign /pledge drive be allocated to a human services agency? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: February 11, 2014 CATEGORY: X Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jay Bennett DEPT: Community & Economic ............................. ........................................ ....._................................... ............................... ...... ............................... .................Development Services ... ._......_.._........ ..__.....__..._...._..__..._.._ Attachments: None. Background: Every year City employees hold an auction and pledge drive to raise money for human services. The funds raised are divided equally between United Way of King and Pierce Counties and the City of Federal Way Human Services Fund. By the end of December 2013, the City of Federal Way employees raised $6,392 for the Human Services Fund to be allocated in 2013. The Human Services Commission considered allocating these funds at their December and January meetings. Staff recommended looking outside of currently funded agencies to award these funds by supporting the Federal Way Coalition Against Trafficking (FWCAT). This small group of dedicated Federal Way volunteers is doing outstanding work communicating with youth /adults through their "Deceptions" trainings, how to protect youth from being victims of human trafficking. FWCAT is sponsored by Washington Engage. Founded in January 2011, Washington Engage is a recognized non - profit developing strategies to end human trafficking in Washington State in partnership with government and grassroots advocates. After extensive discussion, the Human Services Commission is recommending allocating the entire $6,392 of 2014 Human Services Funding to FWCAT. The HSC is recommending that no more than 20% of these funds be used to assist FWCAT in finalization of its business plan for the purposes of organizational growth and sustainability matters. Options Considered: 1. Approve the Human Services Commission's recommendation to allocate $6,392 to the Federal Way Coalition Against Trafficking with the stipulation that no more than 20 percent of the total be used to finalize their business plan to assist in the organization's sustainability. 2. Do not approve the Human Services Commission's recommended funding and give staff alternate direction. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: / DIRECTOR APPROVAL: nmittee 4touncil Ini ial CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: "I move to forward the Human Services Commission's recommendation on allocation of the 2013 City employee Human Services donations to the February 18, 2014 consent agenda for approval. " &,6, 4x�, e-- � Committee Chair Committee Member Com ee Member PROPOSED COUNCIL MOTION: "I mov and of Human Services General Funds in the amount of $6,392 to Washington Engage on behalf of the Federal Way Coalition Against Trafficking, with the stipulation that no more than 20 percent of the total be used to finalize their business plan to assist in the organization's sustainability. " (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 # COUNCIL MEETING DATE: FEB 18, 2014 ITEM #: 5G ....................... . ............................................................ . . . . . . . . . ............ . . . . . . . . . . . .......... . . . . . . . . ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FAMILY FUNLAND LABOR POLICY QUESTION: Should the Council accept the attached hourly bid rates for labor on Family Funland and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: Feb 11, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT: PROS Attachments: Family Funland Labor memo. Options Considered: 1. Authorize a bid award for Family Funland Labor in the amount not to exceed $89,431.00 to Danneko Construction who was the lowest responsive responsible bidder and authorize the Mayor to execute said agreement, and forward to the full Council February 18, 2014 consent agenda for approval. 2. Do not authorize a bid award for Family Funland Labor to Danneko Construction and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1: Authorize a bid award for Family Funland Labor in the amount of $89,431.00 to Danneko Construction who was the lowest responsive responsible bidder and authorize the Mayor to execute said agreement and forward to the full jemllcjiFebruary 18, 2014 consent agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: lovK o ttee Council Initial CHIEF OF STAFF: /� ► 141 + ' 4,�1� Co ee Council COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for; Family Funland Labor in the amount not to exceed $89,431.00 to Danneko Construction who was the lowest responsive responsible bidder and authorize the Mayor to execute said agreement to the full Council February 18, 2014 consent agenda for approval. S44,11 — Committee Chair Committee Member Co ittee Member PROPOSED COUNCIL MOTION: "I moWapproval of authorizing a bid award for Family Funland Labor in the amount not to exceed $89,431.00 to Danneko Construction who was the lowest responsive responsible bidder and authorize the Mayor to execute said agreement ". (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 # CITY OF Z�.... Federal Way Parks and Facilities Division Date: February 3, 2014 To: PRHSPS Council Committee Via: Mayor Jim Ferrell Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. From: Stephen Ikerd, Parks & Facilities Manager Subject: Family Funland Labor Background: To be consistent with purchasing policies, Staff solicited associated hourly labor rates for the renovation project of the Family Funland playground in Steel Lake Park. This Request for Bids (RFB) captured the labor rates for the renovation work under the direct supervision of Leathers and Associates; the Architect overseeing the project. Staff sent the RFB to 10 companies on the MRSC Roster and 2 additional companies requested bid packets. Leathers and Associates plans to start the project with 15 workers; 5 out of each classification shown below, with a goal of working up to an estimated ten 10 hour days or 1500 hours on the project. To manage cost, the City will work with Leathers and the selected contractor to use only the needed hours and type workers to complete the project as it progresses. Three (3) companies responded by submitting the following hourly rates for the 3 different Classification of workers. Family Funland RFB - Labor hourly rates: Classification Danneko Construction. Talakai Construction. Woodland Industries Journeyman Carpenter rate $61.02 $65.00 $100.00 Apprentice Carpenter $36.88 $45.00 $80.00 General Laborer $49.92 $55.00 $90.00 Estimated Labor Cost: Carpenter: 5 man @ 8hrs x 10 days = 400hrs @ 61.02 per hour = $24,408.00 AP Carpenter: 5 man @ 8hrs x 10 days = 400hrs @ 36.88 per hour = $14,752.00 Laborer: 5 man @ 8hrs x 10 days = 400hrs @ $49.92 per hour = $19,968.00 Total regular hours $59,128.00 Carpenter: Over Time 100hrs @ $91.53 per hour = $ 9,153.00 AP Carpenter: Over Time 100hrs @ $55.32 per hour = $ 5,532.00 Laborer: Over Time 100hrs @ $74.88 per hour = $7,488.00 Total OT hours $22,173.00 Total Regular & OT $81,301.00 10% contingency 8130.00 Total $89,431.00 Recommendation: Staff evaluated the responses to the RFB, checked references and recommends awarding the bid to the lowest responsive responsible bidder; Danneko Construction in the amount not to exceed $89,431.00. Available Budget: $90,000.00 — Council approved line item budget for the Funland labor cost. $89,431.00 — Estimated labor cost if all 1500 hours are needed for the project. $ 569.00 — Balance COUNCIL MEETING DATE: FEB 18, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2014 PARKS, RECREATION & CULTURAL SERVICES COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the Parks, Recreation & Cultural Services Commission 2014 Work Plan? COMMITTEE: PRHSPS MEETING DATE: Feb 11, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen lkerd, Parks & Facilities Manager DEPT: PRCS .........._.. ...........................--...-....................................................................................................................................................-.................................. ............................... ..................................-....................-._....................................................................-.............._..........._....................-- Background: The Parks, Recreation & Cultural Services Commission discussed their 2014 Work Plan during the Dec 5, 2013 & Jan 2, 2014 Commission meetings and voted to forward to Mayor Ferrell and the Council their proposed work plan for approval. Attachments: Parks, Recreation & Cultural Services Commission 2014 Work Plan Options Considered: #1- Approve the proposed Parks, Recreation & Cultural Services Commission 2014 Work Plan, and forward to the full Council February 18, 2014 consent agenda for approval. #2- Decline the proposed Parks, Recreation & Cultural Services Commission 2014 Work Plan, and request the Commission to make recommended revisions. .... . ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ................................................... . ...................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. _ _ ........ MAYOR'S RECOMMENDATION: Option #1; Approve the proposed Parks, Recreation & Cultural Services Commission 2014 Work Plan, andy� ward to the Fury 18, 2014 consent agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: o ttee o cil Initial CHIEF OF STAFF: Co ttee Council COMMITTEE RECOMMENDATION: I move to approve the 2014 Parks,d'Recreation Commission Work Plan, and forward to the full Council February 18, 2014 consent agenda for approval. r i Committee Chair Committee Member CO tee Member PROPOSED COUNCIL MOTION: "I mo e pppoval of the Parks, Recreation & Cultural Services Commission 2014 Work Plan" (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 # �O T O W R m n 3 a X m %< C a A d 0• m CD < < go m 3 m S O m m m '0 3 pr � y N CCo 'd Ct W 3 � w = 0 y .2. c m < N 9 CD = w �i ID n CD V w 7 d CD 00 CD C p C M p 0 CD m, X• 0 3 0 n 0 _'� ° C 3 3,� CD i o m oC m CD w CD c .. CD y. �w c 7.=. n 00 a la 3 00m N as �� `7 n w C fl; co p <' CU m w 0 m m a0 m �m F '0 °' 3 = m ° < = n a m -0 tv 0-0 m y m r N �= = 3p O.L O O M .p. 0 ? . m s m CD o� -n oo 3 �.a D CD 3 °o m m J. < CD , = o m m �< 3 y CD D sD N CCD N 7 C1 = CCDD m � S r.m o D j ° CD y CD CL 3 °m° N W N n X d CD fA 2 2 CD CCD CD CD C<D0< < D 0 m 0. N i cn v O D CDtenCDCD Cl) ° v 0 cn D o m m CD CL <• c° CD °° 3 2 a m CD CD •• CD �' 3 0 c0i CD o� ?sue a 10 o o nm rt < 0 � � 3 w cc 3 �v m p�j 2. an m W � "� m 3 �v m 0 0 n'° 0 0 0 0 c@3 m m C11 0 =� M c n m m w cp m= 3 0 C L =cD°o = j O n m �. °fly- m( ci O no = 3 w m 0 -0 w < m ° m n�Q n CD w -' ° �_ °1 3 0 0 CC- 3 m K .. n m S O O_ m = C'i� w w w rt m .+ S O= 4 CD* 7 m °- �, CL S Qp 7 O 0 w r. 7 CDC% C� CD CCD 0 a 3 CD C1 m — '" O S w n N D. n 'O 0 � O p C t0 7 w c n o 3 m m a ,� CD 3 0 � c y 3 ° 0 3 3 "= d m m° n 3 3 w —o n ° gy p m 0 -� 3> > y m y o m �n 3 3 Z 1 .= 3= a o w = (D CL a y o<i� � 3» < m N U) w a w 3 'a -0CV 0 O co rte= co 3 m ._•. S y 0 O n CD -+, C,..D C Cp'"`p 'd CCDD CL CD 7 n -• S CD w m w m p w 0 W .0 N .0 N .0 N m N .0 .0, .0 CL a -N n n ti a a a a a N �O T O W R m n 3 a SUBJECT: T- MOBILE SITE LEASE RENEWAL — PANTHER LAKE POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY CATEGORY: Consent ❑ City Council Business ❑ STAFF REPORT BY: PATRICIA RICHARDSON Ordinance MEETING DATE: February 11, 2014 ❑ Public Hearing Resolution ❑ Other DEPT: Law T- Mobile entered into a Lease Agreement with the City on December 8, 2003 for installation and operation of certain equipment on City owned land located near Panther Lake for use in connection with its wireless telephone communications service. The lease was renewed in 2008 and expired on December 8, 2013. T- Mobile has requested to renew the lease for an additional five year term pursuant to the terms of the lease. This amendment will increase the monthly rental rate from $1,929.10 to $2,631.87 and will increase 4% each year beginning January 1, 2015. Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. 2. Reiect the lease renewal. MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. MAYOR APPROVAL: , DIRECTOR APPROVAL:i Initial CHIEF OF STAFF: v , [./,� A N 4 , iJ.l&y,) �� Com / i Council //// COMMITTEE RECOMMENDATION: I move to forward the proposed Second Amendment to the T- Mobile Site Lease to the February 18, 2014 consent agenda for approval. Committee Chair t' Committee Member Comm' e Member PROPOSED COUNCIL MOTION: I movVto fe the proposed Second Amendment to the T- Mobile Site Leas— K�rtew.x.r,� (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # ❑ DENIED 1ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # SECOND AMENDMENT TO SITE LEASE AGREEMENT (AG # 04 -024) This Second Amendment to Site Lease Agreement ( "Amendment ") is dated effective this 8th Day of December, 2013, and is entered into by and between the City of Federal Way, a Washington municipal corporation ( "City "), and T- Mobile West LLC, a Delaware limited liability company, formerly known as T- Mobile West Corporation, a Delaware corporation, which was successor -in- interest to VoiceStream PCS III Corporation, a Delaware corporation ( "Tenant "). A. The City and Tenant's predecessor in interest, VoiceStream PCS III Corporation ( "VS PCS III ") entered into a Lease Agreement dated effective December 8, 2003, whereby the City agreed to lease to VS PCS III, as Tenant, a portion of the space on and air -space above the City Property, as amended by the First Amendment to Site Lease Agreement dated December 8, 2008 executed by the City and T- Mobile West Corporation ( "Lease "). B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The First Amendment renewed the Lease for a five (5) year term which expired on December 8, 2013. E. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years, which will constitute the second (2") Renewal Term. F. Pursuant to Section 2 of the Lease, the City represents that it previously performed a market rent analysis as permitted therein and that based on that previous market analysis, City believes the current monthly Rent for this Lease is more than twenty percent (20 %) below fair market rent, and City now desires to increase the monthly Rent under the Lease as set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: 1. Term. Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5) year term commencing on December 8, 2013, and expiring December 8, 2018. - 1 3. Rent. Commencing on December 8, 2013, the new monthly Rent under the Lease shall be Two Thousand Six Hundred Thirty -one and 87/100 Dollars ($2,631.87) per month. The Rent shall be increased by four percent (4 %) each January I during the term on the Lease beginning on January 1, 2015. 4. Notices. Section 16 of the Lease shall be amended to change the notices addresses for the City and Tenant as follows: If to City: City Attorney 33325 Eighth Avenue South Federal Way, WA 98003 With a copy to: Mayor 33325 Eight Avenue South Federal Way, WA 98003 If to Tenant: T- Mobile USA, Inc. 12920 SE 28`h Street Bellevue, WA 98006 Attn: Lease Compliance /SE04799A 5. Full Force and Effect. All other terms and conditions of the Lease not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. ATTEST: Carol McNeilly, CMC, City Clerk CITY OF M - 2 - WAY i Ferfell, Mayor 133258 th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney T- MOBILE WEST LLC, a Delaware limited liability company By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING David Gallacher, Vice President, Engineering. T- Mobile Regional Engineering West, 1855 Gateway Blvd. 10th Floor, Concord, CA 94520. On this day personally appeared before me David Gallacher, to me known to be the Vice President, Engineering of T- Mobile West Corporation, a Delaware 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 /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2014. (typed/printed name of notary) Notary Public in and for the State of My commission expires - 3 - COUNCIL MEETING DATE: February 18, 2014 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG 13 -150), increasing the total compensation by $150,563.00. POLICY QUESTION: Should Council authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG13 -150), increasing the total compensation by $150,563.00 to allow for work to be performed in 2014. COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 3, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P.E., Surface Water Manager EPT: Public Works .................... _..._................_._........................................._......._........................... ............._......�P._....._. Attachments: 1. LUTC Memorandum 2. Contract Change Order Agreement #1. Options Considered: 1 Authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG13 -150), increasing the total compensation by $150,563.00 to allow for work to be performed in 2014. 2. Do not authorize the Mayor to amend the agreement and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 18, 2014 City Council Consent Agenda Eq*1 A MAYOR APPROVAL: DIRECTOR APPROVAL: Co ttee cil Committee CHIEF OF STAFF: d 44M COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option City Council consent agenda for approval. Bob Celski, Chair feanne Burbidae, Member 1 to the February 18, 2014 PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG13 -150), increasing the total compensation by $150,563.00 to allow for work to be performed in 2014." (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: Feb 3, 2014 TO: Land Use and Transportation Committee VIA: Jim Farrell, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Managemente4 - William Appleton, P.E., Surface Water Manager SUBJECT: SWM Infrastructure Maintenance and Service Contract Amendment BACKGROUND: In 2013, SWM awarded a 2 -year maintenance and services contract for vactoring services to Everson's Econo -Vac Inc. in an amount not to exceed $154,253.00 per year. 2013 vactoring work has been completed and the budgeted contract amount expended. To allow for vactoring work to be performed in 2014, staff is requesting that the contract amount be increased by $150,563.00 which is the amount budgeted for in the 2013 -2014 budget. Everson's Econo -Vac Inc. has been performing vactoring services for the City since 2005 and continues to provide outstanding service to the City. 13 -150 PROJECT NUMBER CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER SWM- Infrastructure Maintenance and Service PROJECT TITLE SUMMARY OF PROPOSED CHANGES: _Jan 1, 2014 EFFECTIVE DATE Eversons Econo -Vac Inc. CONTRACTOR The time provided for completion in the Contract is E Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE The total available compensation for the contract shall be increased from $154,253.00 to $304,816 to allow for work to be performed in 2014. TOTAL NET CONTRACT: INCREASE $150,563.00 DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S MAYOR'S SIGNATURE SIGNATURE DATE CHANGE ORDER AGREEMENT 1 1 /10 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY *Adjustments: ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: MAYOR'S SIGNATURE $_154,253_ $_150,563_ $ 304,816 CHANGE ORDER AGREEMENT 2 1/10 COUNCIL MEETING DATE: February 18, 2014 ITEM #:_ _ _ _ _ _ . .................. ........................................._......................_..._.._.._..._.._ ....... ....._..........._.........._. ......................._...._.. _ ....- __ ........ ................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING TO RENEW 6 MONTH MORATORIUM ON GROUP HOMES TYPE III POLICY QUESTION: N/A COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business MEETING DATE: ❑ Ordinance ® Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Isaac Conlen DEPT: CED Background: On September 3, 2013, Council adopted a six month moratorium on Group Homes Type III, which is group housing for violent criminals and sex offenders. The purpose of the moratorium is to maintain the status quo while the City updates its Group Homes Type III zoning regulations. However, the zoning updates will not be complete prior to the expiration of the moratorium unless the moratorium is renewed. This public hearing is an opportunity for the public to comment on whether the moratorium should be renewed for an additional six months in order to maintain the status quo while the City completes its zoning code updates. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: % DIRECTOR APPROVAL: � Committee cil ti CHIEF OF STAFF: N 60"On tj � ly Committee Council COMMITTEE RECOMMENDATION: 1 move to forward to the (fill in date) consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (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 # COUNCIL MEETING DATE: February 18, 2014 ITEM #: ................ _.... ....... ....... ....._.... ._... .......... . ............... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENT TO THE ARTS COMMISSION POLICY QUESTION: Should the City Council appoint a member to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Law/ HR Background: The Arts Commission is comprised of nine members that are appointed by the City Council and serve three -year terms. There is one vacant voting position on the Commission due to a member resignation. The term of this position is December 31, 2014. In accordance with the Council Rules of Procedure; when a vacancy occurs the Council will appoint a member to serve the remainder of the un- expired term. At a Special Meeting on February 18, 2014 the Council interviewed one applicant seeking appointment to the Arts Commission. Options Considered: 1. Appoint to the Arts Commission as a voting member o fill the remainder of an un- expired term through December 31, 2014. 2. Direct the City Clerk to advertise for additional applicants for the Arts Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A ' DIRECTOR APPROVAL: Committee ouivil Initial CHIEF OF STAFF: N/A �y Committee Con cil COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the following appointment to the Arts Commission... " (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 # COUNCIL MEETING .......................................... DATE: February 18, 2014 ITEM #:_ ............................. .............................................................................................................................................................................................................................................................................................................................................................................. ............................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DUI & DISTRACTED DRIVING FUNDING — THE "NICK & DEREK PROJECT" POLICY QUESTION: Should the City of Federal Way allocate funding in the amount of $50,000.00 to sustain annual DUI and Distracted Driving patrols? This funding source shall be from Red Light Photo Enforcement (RLPE) revenue, providing overtime police patrols focusing on DUI and Distracted Driving. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Feb. 11, 2014 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT JIM NELSON DEPT: Police Attachments: 1. PRHS & PS Memo Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: MAYOR APPROVAL: ' DIRECTOR APPROVAL: Committee o it Initial CHIEF OF STAFF: tv, %Jty A(,z4C-1 /-A �J�y Com fee C cil COMMITTEE RECOMMENDATION: I move to forward approval for City of Federal Way funding in the amount of $50, 000.00 for the "Nick & Derek Project" to the February 18, 2014 Council "nsextt agenda for approval. Committee Chair Committee Member Com ttee Member PROPOSED COUNCIL MOTION: "I dove approval for the City of Federal Way to allocate $50, 000.00 in funding for the Federal Way Police Departments "Nick & Derek Project ". (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 # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 11, 2014 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Interim Chief of Police SUBJECT: Acceptance of "Nick & Derek Project" DUI / Distracted Driving Project. Background One of the 2014 goals for the Police Department is to strengthen traffic enforcement along with education and prevention in two specific areas to make our streets safer to protect our citizens. First, DUI enforcement can be strengthened by allocating necessary funding for overtime DUI patrols. We have completed a DUI enforcement pilot project, dubbed the "Nick and Derek project" in honor of two Decatur High School students (Nicholas Hodgins & Derek King) killed in a DUI collision in June, 2010. The pilot project (April — November, 2013) was modeled after the Washington Traffic Safety Commission's (WTSC) highly successful Target Zero campaign. FWPD deployed highly trained DUI traffic officers on weekends, holidays and special event evenings, typically from 2000 -0300 hours. Our funding of $10,000 resulted in 20 overtime patrols, netting 18 DUI arrests. Of these 18 arrests, eight offenders provided breath samples which indicated impairment 2x the legal limit of .08. The second traffic area in need of attention is that of Distracted Driving. The WTSC has recognized the value of dedicating resources to distracted driving enforcement and has provided limited grant funding for such enforcement. These enforcement measures require officers to issue a minimum of three citations per hour for texting and cell phone violations. The FWPD Traffic Unit took part in this grant program in 2013 and it was successful; the officers easily found violators. This distracted driving is a growing problem nationwide, as well as, regionally and locally in Federal Way. Proposal A request that the City of Federal Way allocate annual funding in the amount of $50,000 to sustain police overtime patrols, focusing on DUIs and Distracted Drivers. These patrols will serve to prevent DUI and Distracted Driving related violations and collisions, reducing injuries and fatalities to our citizens. Funding Source Red Light Photo Enforcement (RLPE) Revenue Fund SUBJECT: MOTORIST INFORMATION SIGNS CODE INTERPRETATION POLICY QUESTION: Should City Council interpret the Sign Code to consider the use of Motorist Information Signs as "street and traffic signs" and therefore exempt from Sign Code restrictions on the use of off -site signs that advertise businesses? COMMITTEE: Land Use / Transportation MEETING DATE: February 3, 2014 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez P.E. Cit Traffic Engineer DEPT: Public Works _.._..... ._..._..... -- -.._...__._ .....................................__._.........._................_......._........._._..................'......-..._......................-- .-- g.........._............... _ _._....._..._...._...' ................... ......... ----.._ ... _._._ .............................. - ...... _ .......... ._ ....... _ ............. _. Attachments: Memo to Land Use / Transportation Committee dated February 3, 2014 Options Considered: 1. Interpret the Sign Code to consider the use of Motorist Information Signs as "street and traffic signs" and therefore exempt from Sign Code restrictions on the use of off -site signs for advertisement. 2. Interpret the Sign Code to consider the use of Motorist Information Signs as prohibited off, site signs. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 18, 2014 City Council Business Agenda for apl._,, MAYOR APPROVAL: CHIEF OF STAFF: v o ee DIRECTOR APPROVAL: Im Initial COMMITTEE RECOMMENDATION: I move to forward Option I to the February 18, 2014 City Council Business agenda for approval. PROPOSED COUNCIL MOTION: "1 move approval of Option I to interpret the Sign Code to consider the use of Motorist Information Signs as `street and traffic signs ' and therefore exempt from Sign Code restrictions on the use of off -site signs. " (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: February 03, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Managemen0#1 Rick Perez, P. E., City Traffic Engineer tyl SUBJECT: Motorist Information Signs BACKGROUND: Motorist information signs (MIS) are signs with blue backgrounds providing guidance to business establishments that provide services such as fuel, food, lodging, camping, and tourist attractions. Standards for such signs are contained in the Federal Manual on Uniform Traffic Control Devices (MUTCD) in Chapter 2J, and adopted in Washington State in RCW 47.36.310 through .390. These standards were developed to limit the use of large billboards along Interstate Highways while providing guidance to motorists in locating basic services. FWRC 19.140.130 prohibits all off -site signs except those expressly allowed in the Sign Code. FWRC 19.140.080 excludes "street and traffic signs" from the Sign Code. Historically, staff had interpreted this to mean that Motorist Information Signs were prohibited as off -site signs because of the use of logo panels that advertise specific businesses, and therefore not subject to the exclusion granted to "street and traffic signs ". State law provides limits to the number and location of MIS signs, including a restriction that businesses had to either be located on or visible from the arterial intersecting the freeway or local zoning codes had to allow the use of subsequent MIS signs to guide motorists from the arterial intersecting the freeway to the business. As such, given the staff interpretation of City Code, businesses using MIS signs had to be located on S 3200' Street or S 348`" Street to be eligible for MIS signs on I -5. However, WSDOT recently discovered they had been allowing two businesses to have MIS signs on I -5, but were not located on or Motorist Information Signs 1/24/2014 visible from S 320th Street. They are the Clarion Hotel on 201h Avenue S and the Comfort Inn on Pacific Highway. In order to conform to state law, these two businesses would each need one additional sign directing tourists from S 320th Street to the hotels. WSDOT staff has agreed to defer action to allow the City to determine whether we would be willing to permit such signs. Without such action, WSDOT would remove the existing signs on I -5 and off -ramps to these two hotels. It should be noted that other businesses have historically expressed interest in having such signs but were told that, due to the City's sign code, WSDOT would not permit them. As such, a revised interpretation of the Sign Code allowing such signs may increase the total number of signs to be installed, up to the limits established in RCW, as outlined in the following tables. RCW allows the City to charge fees for the installation and maintenance of MIS signs on City streets (averaging about $600 each, based on the experience of the City of SeaTac). Since there are limits to number and type of each sign, businesses are granted these signs on a "first come, first serve" basis. Thus the impacts to the City are the visual impacts of the additional signing and the economic development potential of a few more businesses being allowed to advertise their locations from I -5 and on City streets. The MUTCD limits the number of signs at an interchange to four, and RCW limits the number of businesses on any given sign to six. In addition, no more than two signs may be used for the same type of business. Thus the maximum number of businesses that could be advertised from any given interchange is 24, and each business must be located within three miles of I -5. As such, although the potential number of businesses eligible could be significant, the impact would be limited to only those businesses choosing to use such signs that are not located on S 320th Street or S 348th Street. Table 1— Signs from S 348th Street There are eleven businesses that could potentially add signing at S 348th Street, but no more than three of them could be for restaurants, up to nine of them each could be for gas stations or lodging, and up to five of them could be tourist activities. KA UTC\2014 \02 -03 -14 Motorist Information SiRnS Code Interoretation.doc Gas Ernie's SR 99 & S 332na St Provided by WSDOT within Limited Access Shell SR 18 & SR 161 No; on S 348 St Chevron SR 18 & SR 99 No; on S 348h St Food Del Taco 16th Ave S, 34600 block Provided by WSDOT within Limited Access Olive Garden SR 161, 34900 block Provided by WSDOT within Limited Access Popeye's SR 161, 34900 block Provided by WSDOT within Limited Access Denny's SR 18 & SR 161 No, on S 348th St Jack in the Box 16 Ave S, 34700 block Provided by WSDOT within Limited Access Shari's SR 18 & SR 161 No, on S 348 St McDonald's SR 99 & SR 18 No, on S 348 St Burger King SR 99 & SR 18 No, on S 348 St IHOP is Ave S & S 348 St No, on S 348 St Lodging Super 8 S 347th Pl, 1800 block No, visible from S 348 1h St Days Inn SR 99, 34800 block No, driveway from S 348 St Quality Inn SR 18, 1400 block No, driveway from S 348 St Tourist Activities Wild Waves / Enchanted Park SR 161, 36100 block Provided by WSDOT within Limited Access There are eleven businesses that could potentially add signing at S 348th Street, but no more than three of them could be for restaurants, up to nine of them each could be for gas stations or lodging, and up to five of them could be tourist activities. KA UTC\2014 \02 -03 -14 Motorist Information SiRnS Code Interoretation.doc Motorist Information Signs 1/24/2014 Page 3 Table 2 — Signs from S 320"' Street Thus there are 13 businesses that could potentially add signs on S 320th Street, up to eight of them each being gas stations and lodging, up to seven being restaurants, and up to twelve of them could be tourist activities. cc: Project File Day File K: \LUTC\2014 \02 -03 -14 Motorist Information Signs Code Interpretation.doc Gas 76 S 320th St, 2600 block No, on S 320 St Arco S 320'h St, 2200 block No; on S 320th St Shell S 32e St & Military Rd No; on S 320 St Safeway S 320 St &—I I P S No; on S 320 St Food Taco Time S 320th St & 27 Ave S No; on S 320th St Red Robin S 320th St & 237 Ave S No; on S 320'h St Stuart Anderson's S 32e St & 25'h Ave S No; on S 32& St A lebee's S 32e St & 20 Ave S No; on S 32e St Red Lobster S 32e St, 2000 block No, on S 320 St Lodging Clarion Hotel 2& Ave S & S 316 St Yes, one at S 32e St WB @ 20 Ave S Comfort Inn SR 99, 31600 block Yes, one at S 320 St WB a SR 99 Marriott Courtyard Gateway Center No, visible from S 320 St Best Western Inn 25 Ave S, 32100 block No, visible from S 320 St Thus there are 13 businesses that could potentially add signs on S 320th Street, up to eight of them each being gas stations and lodging, up to seven being restaurants, and up to twelve of them could be tourist activities. cc: Project File Day File K: \LUTC\2014 \02 -03 -14 Motorist Information Signs Code Interpretation.doc COUNCIL MEETING DATE: February 18, 2014 ITEM #: .............._.....................................-.........._........._.........................--..........._............................--.........................................................................._.......................................................__.............................................._............................._ ............................... _........ ............ - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Mobile/Manufactured Home Park (MHP) Zoning Designation POLICY QUESTION: Should the City Council place the consideration of a Mobile/Manufactured Home Park (MHP) Zoning Designation on the 2014 Planning Commission Work Program? COMMITTEE: Land Use/ Transportation Committee (LUTC) MEETING DATE: February 3, 2014 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret H. Clark, Principal Planner DEPT: Community & Economic Development _ _ — -- ......_....__...— .___._P _ .. _ -- —. ........_......_....____.._.__. Attachments: Exhibit A White Paper, Mobile/Manufactured Home Park Zoning Designation Background: At the beginning of 2013, the City was approached by residents of the Belmor Mobile Home Park who requested that the City adopt regulations creating a Mobile/Manufactured Home Park (MHP) Zoning Designation. On April 16, 2013, the City Council adopted the 2013 Planning Commission Work Program, which included the potential creation of such a designation. Thereafter, on September 3, 2013, the Belmor Homeowners' Association asked that any future rezoning issues regarding mobile and manufactured home parks exclude Belmor. At that time, the Council requested staff to research the issue further to determine how changes in zoning would affect existing parks. The Council also removed this item from the Planning Commission Work Program. In preparing this report, staff has reviewed the zoning regulations of Kent, Tumwater and Marysville which have all adopted provisions related to the preservation of mobile /manufactured home parks. Options Considered: Amend the 2014 Planning Commission Work Program to include: 1) A new Mobile/Manufactured Home Park (MHP) Zoning Designation that allows mobile /manufactured home parks, mobile homes and manufactured homes, accessory uses and other limited uses; 2) A new code section that requires owners /operators of mobile /manufactured home parks to prepare and implement relocation plans that provide assistance to tenants if the park were to be closed; 3) No new regulations related to mobile homes and manufactured homes. MAYOR'S RECOMMENDATION: -Non MAYOR APPROVAL: Lw— � DIRECTOR APPROVAL: '-it� Committee o?"cKmil Initial CHIEF OF STAFF: ,C3./.d Co Counci COMMITTEE RECD TION: To be determined. To include the consideration of Mobile /Manufactured n Home Parks Zoning Designation on the 2014 Planning Commission Work Program and to inlcude consideration 464&% X of zoning and other regulatory options. Bob Celski. Chair Jeanne Burbidie, Memb4 Member PROPOSED COUNCIL MOTION: To be determined. (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 # K:\2014 Planning Commission Work Program\Manufactured Home Park Zoning\LUTCAgenda Bill.doc MOBILE /MANUFACTURED HOME PARK ZONING DESIGNATION A. POLICY QUESTION Should the City Council place the consideration of a Mobile /Manufactured Home Park (MHP) Zoning Designation on the 2014 Planning Commission Work Program? B. BACKGROUND There is interest on the part of some residents of local mobile /manufactured home parks for the City of Federal Way to create a MHP Zoning Designation that would limit the permitted use within that zone to only mobile /manufactured home parks. The City was first approached by residents of the Belmor Mobile Home Park, who were soon joined by residents of other parks in pursuing this request. There are eight mobile /manufactured home parks in the City with approximately 1,168 spaces. On April 16, 2013, the City Council adopted the 2013 Planning Commission Work Program, which included the potential creation of a MHP Zoning Designation. Thereafter, on September 3, 2013, the Belmor Homeowners Association asked that any future rezoning issues regarding mobile home parks exclude Belmor. The reason for this request was that residents of Belmor were able to reach an agreement with the Hines ownership group, who own the park. At that time, the Council stated that they would like staff to research the issue further to determine how changes in zoning would affect existing parks. The Council also removed this item from the Planning Commission Work Program. In preparing this report, staff has researched the zoning regulations of Kent, Marysville, and Tumwater, which have all adopted provisions related to the preservation of mobile /manufactured home parks. C. SUMMARY OF OTHER CITIES' MOBILE/MANUFACTURED HOME PARK ZONING REGULATIONS CITY OF KENT The City of Kent allows mobile /manufactured home parks in any multi - family residential district. However, the City has adopted regulations intended to protect the interests of the residents of mobile /manufactured home parks. These regulations require a mobile /manufactured home park owner to obtain approval of a relocation plan from the City of Kent Housing and Human Services Office before they can close a park, or obtain final approval of a comprehensive plan or zoning redesignation. The relocation plan must provide that the mobile /manufactured home park owner will assist each household to relocate, in addition to making any state or federal required relocation payments. Such assistance must include providing tenants an inventory of relocation resources, referring tenants to alternative public and private subsidized housing resources, helping tenants obtain and complete the necessary application forms for state - required relocation assistance, and helping tenants to move the mobile homes or manufactured homes from the park. This approach does not create a MHP Zoning Designation per se, but ensures that tenants are assisted in relocating their homes. CITY OF TUMWATER In 2009, the City of Tumwater adopted a MHP Zoning Designation that permits manufactured home parks, mobile home parks that were legally established prior to July 1, 2008, manufactured homes on single family lots, single - family dwelling units, and certain recreational and child day care uses. Manufactured/Mobile Home Park Zoning District Page 1 of 4 Churches, schools, community centers, agriculture, and bed and breakfast establishments are permitted based on obtaining a conditional use permit. Use exceptions can be granted if the property owner demonstrates, "... they do not have a reasonable use of their property under the MHP zoning," or "... the uses authorized by the MHP zoning are not economically viable." CITY OF MARYSVILLE In 2010, the City of Marysville adopted a Mobile/Manufactured Home Park (MHP) Zoning Designation that was modelled after the Tumwater ordinance. Allowable used within this zoning designation include mobile /manufactured home parks, single- family dwelling units, and mobile homes which are permitted outright and conditional uses such as senior citizen assisted facilities, recreational vehicle parks, community centers, libraries, museums, art galleries, churches, synagogues, temples, funeral homes, schools, and regional detention ponds. D. POLICY ISSUES • Mobile homes and manufactured homes are considered affordable housing. Adopting a MHP Zoning Designation could help to preserve existing affordable housing. • Regionally many existing parks have been converted to other uses and it can be difficult to find another mobile home space if an existing park closes. • Once a manufactured or mobile home has been placed on a lot, it no longer is mobile and it is very costly to move the home to another park. • In many cases, the homes that are displaced are older, single -wide models that can be difficult to relocate because of restrictions placed by park owners? • The State Mobile Home Relocation Assistance Program requires a landlord to give each homeowner at least 12 months written notice if he or she intends to permanently close a mobile home or manufactured home park. The state will also reimburse a low- income household3 for all actual moving costs up to a maximum of $12,000 for a double -wide mobile home and $7,500 for a single -wide on a first -come, first - served basis4. However, residents of parks have stated that on average, it may be closer to $25,000 to move a manufactured or mobile homes. Mobile /manufactured Home Parks are an allowable use only in the City's Multi - Family (RM) Zone. All eight mobile /manufactured home parks in the City are located in RM Zones. This zoning designation allows the following uses: 1This list does not contain all permitted uses in the Marysville's MHP Zoning Designation. 2 In 1991, the Washington State Legislature passed a new law establishing the Mobile Home Relocation Assistance Program to provide financial assistance to low- income mobile home park tenants who are forced to relocate due to a park closure. In addition to the financial assistance measure, this law also exempts mobile homes that are relocated due to a park closure from complying with the requirements of city or county fire, safety, or construction codes (see RCW 59.21.105). 3 A low- income household means households whose adjusted income is less than 80 percent of the median family income. 4 2013 Northwest Justice Project, "Tenant Rights under the Manufactured/Mobile Home Landlord -Tenant Act" 5 Testimony of Belmor residents at the April 15, 2013 City Council meeting as reported in the April 18, 2013 Federal Way Mirror. Manufactured/Mobile Home Park Zoning District Page 2 of 4 • Detached dwelling unit (Single - family home) • Cottage housing development • Attached dwelling units • Zero -lot line townhouses • Small lot detached dwelling units • Stacked dwelling unit • Manufactured home park • Group homes • Senior citizen housing • Social services transitional housing • Convalescent center or nursing home • Church, synagogue, or other place of religious worship • Day care facilities • Private noncommercial sports field, or similar open area use • Community recreation area or clubhouse • Public transit shelter • Public utility • Government facility • Public park • Personal wireless service facility • Restricting existing properties developed as MHPs to remain only as that use may affect the value of said properties and could potentially be considered a taking, depending on how restrictive such a provision would be.b If a MHP Zoning Designation were imposed on existing mobile /manufactured home parks, owners of the parks may take compensatory or even retaliatory actions such as: o Raising the cost to rent a space o Converting the property to condominiums and putting the spaces up for sale in order to preserve the value of the property. • Any such responses intended to compensate for lost property value could undermine the initial intent of preserving existing affordable housing. • Drafting regulations for a MHP Zoning Designation and rezoning property developed as MHPs to said designation will consume many hours of planning and legal staff time due to the subject matter being contentious and potentially being appealed by the owners of the parks. 6 In 2009, the City of Tumwater adopted a zoning district and accompanying comprehensive plan designation for manufactured and mobile homes and rezoned six of the ten manufacturing parks to this designation. Several of the park owners challenged the ordinances as a regulatory taking. The Ninth Circuit Court upheld the city's actions; concluding that the ordinances had minimal economic effect on the plaintiffs, that the impact on their investment - backed expectations was highly speculative, and that the ordinances did not force plaintiffs to continue operating their properties as manufactured home parks. The court also rejected Plaintiff's allegations that the ordinances amounted to "spot zoning." In 2008, residents of Kloshe Illahee, located outside of the City, claimed that the owners of the park, Chicago -based Manufactured Homes Communities Inc. (MHC), raised their rent in retribution for a lawsuit filed against the company by the residents association the previous year. Manufactured/Mobile Home Park Zoning District Page 3 of 4 EXISTING MOBILEIMANUFACTURED HOME PARKS ID Name Zone #Spaces 2 Camelot Square RM3600 400 RI �v 3y Li ": yy.?j.r "� i.. dd"wx x.? y'" �y`4 f'R'xy, ?,s, '"'ifi 4 Charwood RM3600 72 ME- M-11z 6 Highline RM3600 49 8 Parkwood Lane RM3600 72 Manufactured/Mobile Home Park Zoning District Page 4 of 4 COUNCIL MEETING DATE: February 18, 2014 ITEM #: —7 V CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2014 Planning Commission Work Program POLICY QUESTION: How should the 2014 Planning Commission Work Program be prioritized? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: February 3, 2014 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: _Margaret H. Clark Principal Planner _ DEPT: Community & Economic Development - - -� _ ..... Attachments: Exhibit A — January 7, 2014, Staff Report to the Planning Commission; and Exhibit B — Mayor's Recommendation Background: During the first part 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 LUTC and City Council on requests for annual comprehensive plan amendments and zoning code amendments. In 2014, the Planning Commission will also be reviewing work required for the 2015 Major Comprehensive Plan Update. Staff presented a potential work program (Exhibit A) to the Planning Commission on January 15, 2014. Options Considered: 1) Approve the 2014 Planning Commission Work Program as outlined in Exhibit B; 2) Modify and approve the Work Program; 3) Do not approve the Work Program MAYOR'S RECOMMENDATION• ion 1 ^ v n MAYOR APPROVAL: CHIEF OF STAFF: ,t7•la% DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the February 18, 2014, City Council meetingfor approval, with the two changes that are in process. (Modify work program to include MHP Zoning and changes to the Time Horizon of the PROPOSED COUNCIL MOTION: "I move approval of Mayor's recommendation. " K :\2014 Planning Commission Work Program \LUTC\Agenda Bill.doc (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 # K :\2014 Planning Commission Work Program \LUTC\Agenda Bill.doc EXHIBIT A o� � Federal Way STAFF REPORT TO THE PLANNING COMMISSION DATE: January 7, 2014 TO: Merle Pfeifer, Q ', lanning Commission FRom: Patrick Dohe , tor of Community and Economic Development Margaret H. ark, AICP, Principal Planner rpjkc, SUBJECT: 2014 Planning Commission and Long Range Planning Work Program MEETING DATE: January 15, 2014 A. BACKGROUND At the beginning of each calendar year, the Planning Commission's Work Program for that year is approved by the City Council. The purpose of this memorandum is to update the Planning Commission as to the status of the 2013 Work Program and to inform the Planning Commission on potential new work items for 2014. No action is being requested of the Commission. B. THIS MEMORANDUM INCLUDES THE FOLLOWING INFORMATION • Section C — Status of the 2013 Planning Commission Work Program • Section D — 2015 Major Comprehensive Plan Update • Section E — 2014 Annual Comprehensive Amendments • Section F — 2014 Code Amendment Requests • Section G — 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. • Section H — Potential Planning Commission Work Program/Staff Recommendation. This includes work such as monitoring and a prioritized list of potential code amendments. • Section I — Next Steps C. STATUS OF THE 2013 PLANNING COMMISSION WORK PROGRAM Item Status Required' 2012 comprehensive plan update Completed 2013 comprehensive plan update Completed Discretionary2 — Organized by High, Medium, and Low Priority High Priority Amend the community design guidelines to allow for greater administrative Completed flexibility Adopt zoning regulations to implement urban agriculture goals and policies Completed Revise zoning regulations for the siting of Group Homes Type III3 In research stage Amend process for updating the comprehensive plan In research stage Amend the nonconforming provisions Not Started Medium Priority Amend regulations to increase exempt levels for a threshold determination under the Not Started State Environmental Policy Act (SEPA)4 Amend regulations to provide a more streamlined process for binding site plans Not Started Amend regulations pertaining to types of improvements or structures allowed in Not Started required yards Amend regulations to broaden uses and standardize bulk and dimensional Not Started requirements by zone, and to provide more appropriate setbacks and landscape buffers for commercial uses Adopt zoning regulations for the Twin Lakes Commercial Sub -Area Not Started Amend regulations to increase the maximum allowable building height in the City- Not Started Center Core (CC -C) zoning district Amend regulations to make review of variances an administrative process Not Started Amend noticing provisions to incorporate new technologies and to remove Not Started inconsistencies between different sections of the code Low Priority Amend regulations to allow oversize vehicles in approved enclosures in residential Not Started zones Amend regulations to allow senior housing/assisted living in the Professional Office Not Started (PO) zones Adopt an ordinance addressing historic preservation Not Started 'These are actions that are required to be completed by state law. 2City Council has given staff direction to prepare these code amendments; however, they are not required by state law. 3Currently Group Homes Type III, which are intended to provide housing for individuals with violent and sexually violent criminal backgrounds, is not allowed outright in the city. On September 3, 2013, the City Council enacted a six -month moratorium on their siting. On October 15, 2013, the Council added it to the 2013 Planning Commission Work Program as a high 0ority . State law has been amended to allow for increasing the flexible thresholds that local governments may adopt to exempt minor new construction projects from SEPA review. 5 This is already part of the on -going work program and will be started once the applicant for a senior housing project in the PO zone is ready to move forward. Planning Commission Staff Report Meeting Date: January 15, 2014 2014 Planning Commission and Long Range Planning Work Program Page 2 D. 2015 MAJOR COMPREHENSIVE PLAN UPDATE Pursuant to RCW 36.70A.130(5)(a), "Comprehensive plans — Review procedures and schedules — Amendments," the City of Federal Way, along with King County and its other cities, must take action to review and if needed, revise their comprehensive plans and development regulations by June 30, 2015, to ensure the plan and regulations comply with the Growth Management Act (GMA). Staff will continue working on the major comprehensive update during this calendar year, completing the update by June 30, 2015, as required. E. 2014 ANNUAL COMPREHENSIVE PLAN AMENDMENTS The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the comprehensive plan on an annual basis. The city received the following two requests for the 2014 amendment cycle (Exhibit A – Composite Map). These requests will be incorporated into the major comprehensive plan update. 1. File No. 14- 100044 -UP – Request for a comprehensive plan amendment and rezone of the following five parcels (totaling 6.14 acres) located between 6`" Avenue SW and 8t' Avenue SW, from Single Family Medium- Density Residential and RS 15.0 (Single Family, one unit per 15,000 square feet) to Single Family High- Density Residential and RS 9.6 (Single Family, one unit per 9,600 square feet) or RS 7.2 (Single Family, one unit per 7,200 square feet) (Exhibit B). Owner Daniel and Young Lee Joseph Princen Joseph Princen Walter Bishop Walter and Sono Bishop Total Parcel Number No. Acres 302104 -9051 3.14 302104 -9062 0.78 302104 -9113 0.71 302104 -9168 0.75 302104 -9065 0.76 6.14 2. Request from Stephen Hynes for a comprehensive plan amendment and rezone of Belmor Mobile Home Park (parcel number 162104 -9037, consisting of 62.74 acres) from Multiple Family Residential and RM 3600 (Multi - Family, one unit per 3,600 square feet) to City Center -Frame and CC -F (Exhibit Q. F. 2014 CODE AMENDMENTS REQUESTS The FWRC requires the city to accept applications for code amendments on an annual basis. The city did not receive any citizen - initiated code amendments for the 2014 amendment cycle. G. 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: Planning Commission Staff Report Meeting Date: January 15, 2014 2014 Planning Commission and Long Range Planning Work Program Page 3 Item Required Status Work on a city interdepartmental team to allocate In Process projections for land use and employment to the city's Transportation and Analysis Zones (TAZ's)6 Prepare a report for the Puget Sound Regional Council on Due at the end of February 2014 the number of residential building permits broken out by type for 2013 Prepare a report on building permit and other housing- Due at the beginning of April 2014 related data to the Washington Office of Financial Management, which is used to determine the population of the city as of April 1, 2013 Review proposed amendments to the King County Staff works on this item whenever King Countywide Planning Policies (CPP's), as necessary, and County proposes amendments to the CPP's provide information to the city council for ratification Courtesy Requests Respond to surveys from University of Washington, and This is not a requirement; however, staff may other institutions provide a courtesy response H. POTENTIAL 2014 PLANNING COMMISSION WORK PROGRAM/STAFF RECOMMENDATION The long range planning staff is comprised of 1.5 Full Time Equivalents (FTE) and the current planning staff is comprised of 2.5 FTE's, for a total of 4.0 FTE's. Long range planning activities include comprehensive plan amendments, code amendments, and monitoring and reporting development activity. In the past, current planning staff has assisted the long range division in preparing code amendments based on the current planning staff's capacity and depending on the level of development activity. Applications for development activity increased during 2013, and therefore, current planning staff did not have much capacity to assist with code amendments. From all indications current planning activity appears to be increasing even more for 2014. Therefore, similarly to 2013, it is unlikely that current planning staff will have the capacity for much assistance with code amendments in 2014. Moreover, in 2014, approximately 1/2 FTE current planning staff will be shifted to long range to assist in the major comprehensive plan update. Subsequently, there may be little overall capacity to work on code amendments. Nonetheless, staff recommends the following Planning Commission Work Program recognizing that many of these items may have to be carried over to the 2015 Work Program.' The potential work program is organized as follows: REQUIRED ACTIONS • 2015 Major Comprehensive Plan Update • Critical Areas Regulations Update$ 6 This will be used to prepare the 6 -year and 20 -year forecast for transportation facilities in Chapter 3, "Transportation," and Chapter 6, "Capital Facilities." 7 The 2014 Planning Commission Work Program is recommended to be the same as the 2013 Work Program. 8 This is part of the 2015 Major Update of Development Regulations, which is expected to continue into 2015. Planning Commission Staff Report Meeting Date: January 15, 2014 2014 Planning Commission and Long Range Planning Work Program Page 4 • Revise zoning regulations for the siting of Group Homes Type III9 • Adopt marijuana- related code amendments in response to its legalization within the State of Washington DISCRETIONARY ACTIONS Not Mandatory — Organized by High, Medium, and Low Priority High Priority • Amend process for updating the comprehensive plan • Amend the nonconforming provisions • Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act (SEPA)10 Medium Priority • Amend regulations to provide a more streamlined process for binding site plans • Amend regulations pertaining to types of improvements or structures allowed in required yards • Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide more appropriate setbacks and landscape buffers for commercial uses. • Adopt zoning regulations for the Twin Lakes Commercial Sub -Area • Amend regulations to increase the maximum allowable building height in the City- Center Core (CC -C) zoning district • Amend regulations to make review of variances an administrative process • Amend noticing provisions to incorporate new technologies and to remove inconsistencies between different sections of the code Low Priority • Amend regulations to allow oversize vehicles in approved enclosures in residential zones • Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zones i • Adopt an ordinance addressing historic preservation HOUSEKEEPING CODE AMENDMENTS These are amendments that may be necessary at any time of the year to ensure the implementation of existing code language and may rise to a high priority. 9 Currently Group Homes Type IJI, which are intended to provide housing for individuals with violent and sexually violent criminal backgrounds, is not allowed outright in the city. We need to amend our codes per RCW 9.94A.8445 and RCW 36.70A.200 to allow for their location. On September 3, 2013, the City Council enacted a six -month moratorium on their siting. On October 15, 2013, the Council added it to the 2013 Planning Commission Work Program as a high priority. io State law has been amended to allow for increasing the flexible thresholds that local governments may adopt to exempt minor new construction projects from SEPA review. 1'This is already part of the on -going work program and will be started once the applicant for a senior housing project in the PO zone is ready to move forward. Planning Commission Staff Report Meeting Date: January 15, 2014 2014 Planning Commission and Long Range Planning Work Program Page 5 I. NEXT STEPS Staff will forward the proposed work program to the Land Use /Transportation Committee (LUTC), which will make a recommendation on the work program to the City Council for its consideration at a public hearing. LIST OF EXHIBITS Exhibit A Composite Map — Location of Site - Specific Requests Exhibit B Vicinity Map of Site - Specific Request #1 — Bishop, Lee, Princen Exhibit C Vicinity Map of Site - Specific Request #2 — Hynes K:\2014 Planning Commission Work Program \LUTC\Exhibit A.doc Planning Commission Staff Report Meeting Date: January 15, 2014 2014 Planning Commission and Long Range Planning Work Program Page 6 CL U) ui U) .92 :t-_ 15- . v CL r C-4 i Q `�" E 2 E 0 of LL CU E 4) (n CL 0 a E cr M U) 4) 4) C4 E FF CO Ln ca ELI y. A S 3AV HI9Z U)l N etiv C-4 SAMH 31=11OVd U)l of S JLMH 31:11OVd 74= It S 3 DR 3AVM cl co rN RD S ti 'elo y y M C v c C �--� W C W CD d d C a .�.i 07 U �' cu o CU 00 Ca o n tr- CL •� U C: N J `+= X Q) N U m �> 4- fl. m .d W 7, m O C. C U) m cn in N a U moo co z _0m N � cn LO y Wk ■ o vi a� .- >+ i o 3 c o ti � CO:: N T � n 'O N N s C) coma cn n n N E cti p O m U ca L N n n p EN ,1 1 E cn z ■ o - st EMMMEMM memo@ iNIMORIMEMOMMM logoi�i C" -0 N T) ,4W U) �t ATE 20 =FL a N0_a� 3� o Co ns O L- O c CD c U O N W N c.i .i .� - m � x .v LO CD W a Q fl. Qi Q� U) ca i c4 N O O m O N ii. Cl Q O m o-0 ~ LL co > E j a W N m cn a.@� D 'n > 1/ U �V•C '= y z �Z N cn w- N S�1bls�� cui _ �1b1S��1N ca cn ib c $ AV N142 Im S AV v�£2 p O cm en T. e� U 0 � cc �SldO 0 O 0 C2 M S AV ONZZ A5 C7 ti M p b y tO S AV H10Z S AV CD to 0 M S G Rr CV • _ C.) c CM5° EXHIBIT B 2014 Planning Commission Work Program REQUIRED ACTIONS • 2015 Major Comprehensive Plan Update • Critical Areas Regulations Update' • Revise zoning regulations for the siting of Group Homes Type _ • Adopt marijuana- related code amendments in response to its legalization within the state of Washington DISCRETIONARY ACTIONS Organized by High, Medium, and Low Priority High Priority Amend process for updating the comprehensive plan `(j am f-6- j z m Cr WA R,W,A kttL Amend the nonconforming provisions • Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act (SEPA)3 Medium Priority • Amend regulations to provide a more streamlined process for binding site plans • Amend regulations pertaining to types of improvements or structures allowed in required yards • Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide more appropriate setbacks and landscape buffers for commercial uses • Adopt zoning regulations for the Twin Lakes Commercial Sub -Area • Amend regulations to clarify maximum allowable building height in the City- Center Core (CC -C) zoning district • Amend regulations to make review of variances an administrative process • Amend noticing provisions to incorporate new technologies and to remove inconsistencies between different sections of the code Low Priority • Amend regulations to allow oversize vehicles in approved enclosures in residential zones • Amend regulations to allow senior housing /assisted living in the Professional Office (PO) zone4 • Adopt an ordinance addressing historic preservation HOUSEKEEPING CODE AMENDMENTS These are amendments that may be necessary at any time of the year to ensure the implementation of existing code language and may rise to a high priority. Yn Owe, q M&1K,14A4V*aZA hi -V' IA ARAtor'9 r' wta � Uj tests C �r?� �o foeer+� y �) � This is part of the 2015 Major Update of Development Regulations, which is expected to continue into 2015. 2 Currently Group Homes Type III, which are intended to provide housing for individuals with violent and sexually violent criminal backgrounds, is not allowed outright in the city. We need to amend our codes per RCW 9.94A.8445 and RCW 36.70A.200 to allow for their location. On September 3, 2013, the City Council enacted a six -month moratorium on their siting. On October 15, 2013, the Council added it to the 2013 Planning Commission Work Program as a high priority. 3 State law has been amended to allow for increasing the flexible thresholds that local governments may adopt to exempt minor new construction projects from SEPA review. "This is already part of the on -going work program and will be started once the applicant for a senior housing project in the PO zone is ready to move forward. KA2014 Planning Commission Work ProgramTUMEXHIBIT B.doc COUNCIL MEETING DATE: February 18, 2014 ITEM #: . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................... . ......................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED SUSPENSION OF COUNCIL RULE 21.4 — INTERVIEW PROCESS POLICY QUESTION: Should the City Council Suspend Council Rule 21.4 to accommodate twenty applicants for the City Council vacancy? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Pat Richardson, City Attorney DEPT: Law Attachments: Staff Report Options Considered: 1. Suspend Council Rule 21.4 and adopt the interview process for the Council vacancies as proposed in the Staff Report. 2. Suspend Council Rule 21.4 and adopt the interview process for the Council vacancies as modified. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: DIRECTOR APPROVAL: Pjw- Co mittee ouncii Initial 4141DO/y CHIEF OF STAFF: 111...4 to COMMITTEE RECOMMENDATION: N /A. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option " (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 # CITY ATTORNEY'S OFFICE MEMORANDUM DATE: FEBRUARY 11, 2014 TO: COUNCIL 'MEMBERS CC: MAYOR FERRELL BRIAN WILSON, CHIEF OF STAFF FROM: PAT RICHARDSON, CITY ATTORNEY SUBJECT: PROPOSED SUSPENSION OF COUNCIL RULE 21.4 - INTERVIEW PROCESS The City Clerk received twenty (20) eligible applications as verified by King County Elections. Council Rule 21.4 establishes a thirty (30) minute interview process for each applicant. (The language from Rule 21.4 follows this paragraph). Under the current Rule it would take approximately ten (10) hours to interviews of all the applicants; plus time to deliberate. The issue before Council is a proposed interview process to suspend Council Rule 21.4 to shorten the interview time, and prevent an unfair advantage for later appearing applicants. COUNCIL RULE 21.4 Each interview of an applicant/candidate shall be no more than 30 minutes in length as follows: (1) The applicant shall present his/her credentials to the City Council. (10 minutes). (2) The City Council shall ask the predetermined set of questions which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions, and will have 2 minutes to answer each question. (14 minutes). (3) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes). (4) The applicants' order of appearances will be determined by a random lot drawing performed by the City Clerk. (5) The Council may reduce the 30- minute interview time if the number of applicants exceeds six (6) candidates, or alternatively, the Council may elect not to interview all of the applicants if the number exceeds six (6) candidates. The decision as to which applicants to interview will be based on the information contained in the application forms. Council Rule 21.4. On January 7, 2014 the City Council suspended Council Rule 21.4 to provide for written questions and responses with the application instead of orally asking the questions. The proposed modification to subsection 2 below addresses only the allotted time. PROPOSED PROCESS SUSPENDING COUNCIL RULE 21.4 21.4(l) Shorten the time for the applicants to present their credentials to five (5) minutes. 21.4(2) Council shall ask clarification or follow -up questions to the written responses. (10 minutes) 21.4(3) Delete step. Council Rule 21.5 would remain: Council will consider the qualifications of the applicants in Executive Session, and will return to the public meeting where the Mayor will conduct the nominations and voting. Once Council has made the appointment, the City Clerk will administer the oath of office.' KAagenda \council\2014\2 -18 staff report - fill vacancy COUNCIL MEETING DATE: February 18, 2014 ITEM #: S3q ................................................................................................................................................................................................................................................................................................................................................................ ..._........................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDING THE FINAL ADMINISTRATIVE DECISION / APPEALS PROCESS POLICY QUESTION: Should the City Council adopt an ordinance amending certain sections of the City Code to allow the City's Hearing Examiner to make the final administrative decision for matters regarding development regulations, environmental regulations, right of way activities, individual adjustments of surface water fees, and preliminary plats? COMMITTEE: LUTC MEETING DATE: Feb. 3, 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Patrick Doherty Directo . __ _ _...._.._.._ ._ ..... _. Attachments: 1) Proposed Ordinance 2) Staff Report Options Considered: 1) Adopt the proposed Ordinance 2) Do not adopt the proposed Ordinance and provide direction to Staff. MAYOR'S RECOMMENDATION: ion MAYOR APPROVAL: DIRECTOR APPROVAL: Co ttee Co it tial CHIEF OF STAFF: t✓�ll w. /- �. !„� ky >' Comcm a Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on Feb. 18, 2014. G� N Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the March 4, 2014 Council Meetingfor adoption. " 2r'n READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL #! Y _ ❑ DENIED isT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 31, 2014 TO: City Councilmembers FROM: Patrick Doh 4ie6`ior, Community and Economic Development ;v. SUBJECT: Final Administrative Decision/Appeal Process Code Amendment In several places in the Federal Way Revised Code Council is identified as the final body to make administrative decisions or hear administrative appeals, after which an issue may be further appealed to Superior Court. In this role, Council acts in a quasi-judicial manner and can only consider information in the record when rendering a decision. If a Councilmember makes a decision based on outside information or appears to be biased, the decision of Council can be subject to challenge and overturned. To prevent this, Councilmembers limit their contact with the public on pending issues that may come before Council on appeal. However, limiting contact with the public may be counterintuitive to Council's general role as a legislative body where citizens are encouraged to engage Council and Council actively seeks citizen input. An alternative is to delegate to the City's Hearing Examiner the responsibility of making final administrative decisions and hearing final appeals. Currently, Council limits the Hearing Examiner to making recommendations or making decisions that can be appealed to Council. However, more and more cities are delegating final decisions and final appeals to hearing examiners who are experts in these areas of the law. The Municipal Research Services Center indicates that more than ninety cities delegate certain final decisions and final appeals to hearing examiners. Attached is a list of cities that use the hearing examiner to make final decisions — the cities of Des Moines, Edmonds, Fife, Kirkland and Maple Valley are now included in the list since 2010. The proposed ordinance authorizes the Hearing Examiner to make the final administrative decision and/or hear the final appeal in the following matters: 1) Development Regulations - FWRC 19.70 2) Right of Way Activities - FWRC 4.3 0.110 3) Surface Water Fee, Individual Rate Adjustment - FWRC 11.45. 100 4) Environmental Regulations - FWRC 14.10.060 5) Preliminary Plat Approval - FWRC 18.35 (By law Council is required to approve /accept final plats but this is a ministerial, nondiscretionary process of determining whether the conditions of the preliminary plat have been met.) If passed, Councilmembers would be removed from having a potential quasi-judicial role in these matters. FINAL DECISION / APPEAL BY HEARING EXAMINER Jurisdictions in Puget Sound Area Auburn Bainbridge Island Bellevue Bothell Bremerton Burien Everett Kent Lake Forest Park Medina Mercer Island Olympia Puyallup Sammamish Seattle Shoreline Tacoma University Place Additional jurisdictions since 2010 Des Moines Edmonds Fife Kirkland Maple Valley ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to final administrative decisions of the City; amending sections 19.70.010, 19.70.050,19.70.060, 4.30. 110,11.45. 100 ,14.10.060,18.35.010,18.35.080, 18.35.090, and repealing sections 19.70.170, 19.70.180, 19.70.200, 19.70.210, 19.70.220, 19.70.230, 19.70.250,. 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, several places within the FWRC the Council is designated as the final appellate body for handling administrative appeals; WHEREAS, in its role as the final appellate body, Council is limited in engaging the public on matters that may be administratively appealed; WHEREAS, State law authorizes the City's hearing examiner to be the final appellate body and make final administrative decisions; WHEREAS, a survey of Washington cities demonstrate that a large number of cities use the hearing examiner as the city's final appellate body and final decision maker; WHEREAS, the City's State Environmental Policy Act ( "SEPA ") Responsible Official has determine that the proposed amendments are procedural in nature and therefore categorically exempt from SEPA review; WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on February 3, 2014, and recommended adoption. Ordinance No. 14- Page 1 of 14 Rev 1/10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 19.70.010 is hereby amended as follows: 19.70.010 Administration Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process IV. Certain appeals of agency decisions are also governed by process IV. This chapter describes process IV. All development applications subject to this process and also subject to the requirements of Chapter 19.115 FWRC, Community Design Guidelines, shall first comply with process III as to those requirements, and then proceed with process IV as to any other required review. Any appeal of the director's decision as to community design guidelines pursuant to this section shall be decided at the same time as and in conjunction with the process IV review. If the development, use or activity that requires approval through process 11 or III is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that will result in more efficient decision making. Under process IV the hearing examiner will make the iP+ W final decision following a public hearing. 36:7a -G R WL. Section 2. FWRC 19.70.050 is hereby amended as follows: 19.70.050 Official file. (1) Contents. The director shall compile an official file on the application containing the following: (a) All application materials submitted by the applicant. (b) The staff reports. (c) All written comments received on the matter. (d) The electronic recording of any public hearing on the matter. (e) The decision of the hearing examiner. (f) if the deGision t9f t-he- he appealed, the fellewing will be iR the file: Ordinance No. 14- Page 2 of 14 Rev 1/10 (5-7) Any other information relevant to the matter, including any agency decision and notice of appeal. (2) Availability. The official file is a public record. It is available for inspection and copying in the department during regular business hours. Section 3. FWRC 19.70.060 is hereby amended to read as follows: 19.70.060 Notice. (1) Contents. The director shall prepare the following notices as applicable: (a) Notice of application. A notice of application shall contain: (i) The name of the applicant and, if applicable, the project name and file number. (ii) The date of application, the notice of completion, and the notice of application. (iii) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notices published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (iv) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application. (v) A statement of the availability of the official file. (vi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. (vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (viii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.706.040. Ordinance No. 14- Page 3 of 14 Rev 1/10 (b) Notice of public hearing. In addition to the information specified in the notice of application, the notice of public hearing shall include the following: (i) The date, time, and place of the public hearing. (ii) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made. For agency decision appeals this right is limited to those entitled to appeal. f:IJe - - - - - - = - = (c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain: (i) The file number and a brief description of the matter being appealed. (ii) A statement of the scope of the appeal, including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal. (iii) The date, time, and place of the public hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (2) Distribution. The director of community development services shall distribute these notices as follows: (a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director shall distribute the notice of application as follows: (i) A copy of the notice of application will be published in a newspaper of general circulation in the city; (ii) At least three copies of the notice of application will be conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right -of -way providing primary vehicular access to any property that abuts the subject property; (iii) A copy of the notice will be posted on each of the official notification boards of the city and public libraries within the city; (iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. Ordinance No. 14- Page 4 of 14 Rev 1/10 (b) Notice of public hearing. The director shall distribute the notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of application except no posting needs to be done on or near the subject property. (c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall occur at least 10 calendar days before the hearing on the appeal, and shall be mailed to each person entitled to appeal the decision. No further distribution is required for agency decision appeals. (3) Public notification sign. Except for in agency decision appeals, the applicant shall erect at least one public notification sign which complies with standards developed by the department within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right -of -way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter. Section 4. FWRC 19.70.170 is hereby repealed: (2) Mew and when to appeal. A WitteR netiGe ef appeal must be deliveFed te the depaFtFneR PRtRhli (a) A statement identifying the deGiSiGR being appealed, alGR9 With a GOPY 9f the des+siea; m: Ordinance No. 14- Page S of 14 Rev 1/10 Section 5. FWRC 19.70.180 is hereby repealed: Section 6. FWRC 19.70.200 is hereby repealed: Ordinance No. 14- Page 6 of 14 Rev 1 /10 Alv, . "1"rg�r ........... ......... -, 1; MUM x I Section 6. FWRC 19.70.200 is hereby repealed: Ordinance No. 14- Page 6 of 14 Rev 1 /10 Section 7. FWRC 19.70.2 10 is hereby repealed: . . owe the peNa Section 7. FWRC 19.70.2 10 is hereby repealed: (b) Sy app 69n, 9F thMUgh a FepFesentafive, at the headng and makmRg Wig. Section 8. FWRC 19.70.220 is hereby repealed: (1) The staff FepeFt eR appeal; Ordinance No. 14- Page 7 of 14 Rev 1 /10 . . owe (b) Sy app 69n, 9F thMUgh a FepFesentafive, at the headng and makmRg Wig. Section 8. FWRC 19.70.220 is hereby repealed: (1) The staff FepeFt eR appeal; Ordinance No. 14- Page 7 of 14 Rev 1 /10 r� . 41 'Wom 010 - - - - - - Section 9. FWRC 19.70.230 is hereby repealed: Section 10. FWRC 19.70.250 is hereby repealed: Ordinance No. 14- Page 8 of 14 Rev 1/10 41 'Wom Ordinance No. 14- Page 8 of 14 Rev 1/10 FevaluatieR- Ordinance No. 14- Page 8 of 14 Rev 1/10 Section 11. FWRC 4.36.110 is hereby amended to read as follows: 4.30.110 Appeals. (1) Appeal period. An applicant for a permit under this chapter must appeal any decision denying or revoking the permit within 14 days of issuance of the notice of the denial or revocation, by filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the notice of appeal, a hearing shall be held before a hearing examiner designated by the city. Notice of the hearing shall be given to the appellant at least 10 days prior to the hearing. At the hearing the appellant shall be entitled to be heard and introduce evidence on his or her own behalf. (2) Decision of the hearing examiner. The decision of the hearing examiner shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the applicant shall be notified in writing. The decision of the hearing examiner is final uRless appealed, within 14 days ef issuanGe, Section 12. FWRC 11.45. 100 is hereby amended to read as follows: 11.45.100 Request for rate adjustments — Appeal. Decisions of the public works director on requests for rate adjustments shall be final unless, within 30 days of the date the decision was mailed, the applicant submits in writing to the public works director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the sit G9URsil hearing examiner. Section 13. FWRC 14.10.060 is hereby amended to read as follows: 14.10.060 Administrative appeals. (1) Any interested party may appeal to the hearing examiner a threshold determination, a determination of the adequacy of a final environmental impact statement, and the conditioning or denial of an action. No more than one appeal may occur regarding threshold determinations or final environmental impact statements and the appeal shall consolidate any appeals of procedural and substantive determinations under SEPA with any hearing or appeal on the Ordinance No. 14- Page 9 of 14 Rev 1 /10 underlying action in a single simultaneous hearing before one hearing officer, except for appeals of a determination of significance; appeals of a procedural determination made by an agency when the agency is the project proponent, or is funding the project; and appeals of a procedural determination made by an agency on a nonproject action; and appeals to the Gity GeURGil. The appeal shall be conducted under the provisions of process IV; provided, that the notice distribution requirements of process IV shall be replaced with the notice distribution requirements of FWRC 14.10.040. (2) Appeals are subject to the provisions of WAC 197 -11- 680(3), and the restrictions in RCW 36.706.050 and 36.7013.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions. (3) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer; provided, that appeals of determinations of nonsignificance for which public comment is required are extended seven additional days. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. Section 14. FWRC 18.35.010 is hereby amended to read as follows: 18.35.010 General procedure. The general procedure for processing an application for a subdivision is rensists of seven steps as follows: (1) A preapplication conference between the proponent and city staff to discuss land use, site design, transportation, and environmental issues if the applicant requests it; (2) Review of the preliminary plat application by the city staff to determine whether or not the application is acceptable for filing; (3) Review of the proposed preliminary plat by the responsible official in order to ensure compliance with the State Environmental Policy Act, RCW 43.21 C.010 et seq., the environmental policy, FWRC Title 14, and impact mitigation, Chapter 19.100 FWRC; (4) Submission of the proposed preliminary plat along with the comments or recommendations of interested departments or agencies to the hearing examiner for public hearing; (5) (ra) Review of the final plat by the city staff and the Lakehaven utility district; (7-) &JApproval of the final plat for recording as indicated by the signature of the mayor thereon; (4) MPreliminary plat certificate not less than 90 days old from a licensed title insurance company; Ordinance No. 14- Page 10 of 14 Rev 1/10 ( (88) Additional information as required at the discretion of the director of community development services. Section 15. FWRC 18.35.080 is hereby amended to read as follows: 18.35.080 Official file. (1) Contents. The director of community development services shall compile an official file on the application containing the following: (a) All application materials submitted by the applicant. (b) The staff report. (c) All written comments received on the matter. (d) The electronic recording of the public hearing on the matter. (e) The FeGemmeRd decision of the hearing examiner. (f) the M.Mfter-. N Any other information relevant to the matter. (2) Availability. The official file is public record. It is available for inspecting and copying in department of community development services during regular business hours. Section 16. FWRC 18.35.090 is hereby amended to read as follows: 18.35.090 Notice of application. (1) Contents. Within 14 days of the letter of completeness being issued, the director of community development services shall prepare and publish a notice of application within the local newspaper of general circulation. The notice of application shall contain the following: (a) The name of the applicant and, if applicable, the project name. (b) The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (c) The citation of the provision of this title describing the applied -for decision and, to the extent known by the city, any other permits which are not included in the application. (d) A brief description of the requested decision. Ordinance No. 14- Page 11 of 14 Rev 1/10 (e) A list of the project permits included in the application and, if applicable, a list of all required studies submitted with the application. (f) The date of application, the date of the notice of completion of the application, and the date of the notice of the application. (g) A statement that notification of the public hearing date will occur approximately 15 days prior to the scheduled hearing date. (h) A statement of the availability of the official file. (i) A statement of the right of any person to submit written comments to the hearing examiner and appear at the public hearing of the hearing examiner to give comments orally. U) (k-) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (y L�JA statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.7013.040. (2) Distribution. The director of community development services shall distribute this notice as follows: (a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) If the owner of the property which is proposed to be subdivided owns another parcel, or parcels, of property which lie adjacent to the property proposed to be subdivided, notice of application shall be given to owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels of property owned by the owner of the property proposed to be subdivided. (c) A copy shall be mailed to appropriate city or county officials if the proposed plat lies within one mile of an adjoining city or county boundary. (d) A copy shall be mailed to all agencies or private companies who received copies of the preliminary plat pursuant to FWRC 18.35.040. (e) Notice shall be mailed to the State Department of Transportation if the proposed plat abuts a state highway. (f) A copy will be published in the official daily newspaper of the city. Ordinance No. 14- Page 12 of 14 Rev 1 /10 (g) A copy will be posted on each of the official notification boards of the city and at public libraries within the city. (3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right -of -way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (4) Timing. The public notification sign or signs must be in place at least 14 calendar days after the letter of completeness has been issued, and removed within seven calendar days after the final decision of the city on the matter. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 14- Page 13 of 14 Rev 1/10 Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, JIM FERRELL 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. 14- Page 14 of 14 Rev 1/10 SUBJECT: ORDINANCE: RENEWING MORATORIUM ON GROUP HOMES TYPE III AND OTHER ACTIVITIES RELATED TO THE CITY'S REVIEW AND PERMITTING OF SEX OFFENDER HOUSING POLICY QUESTION: Whether Council should renew the six month moratorium on Group Homes Type III for an additional six months in order to maintain the status quo while the City completes its updates to Group Home Type III zoning regulations? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Isaac Conlen DEPT: CED Attachments: Proposed Ordinance Background: On September 3, 2013, Council adopted a six month moratorium on Group Homes Type III, which is group housing for violent criminals and sex offenders. The purpose of the moratorium is to maintain the status quo while the City updates its Group Homes Type III zoning regulations. However, the zoning updates will not be complete prior to the expiration of the moratorium unless the moratorium is renewed. Options Considered: 1) Adopt ordinance to renew 6 month moratorium 2) Do not adopt ordinance to renew 6 month moratorium MAYOR'S RECOMMENDATION: MAYOR APPROVAL: N L,4 C�% DIRECTOR APPROVAL: _�(J Committee ouncil C CHIEF OF STAFF: PIA q�1 �^t C mmittee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on (fill in date) Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST AND 2ND READING OF ORDINANCE: "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # U W 2 ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, renewing the six month moratorium imposed by Ordinance 13 -747 on Group Homes Type III and other activities involved in the City's review and permitting of sex offender housing. WHERERAS, on September 3, 2013, the Council passed Ordinance 13 -747 imposing a six month moratorium on Group Homes Type III and other activities involved in the City's review and permitting of sex offender housing that is set to expire on March 3, 2014; and WHEREAS, the City is currently in the process of updating its Group Homes Type III zoning regulations but requires additional time beyond the initial six month period established for the moratorium; and WHEREAS, Council has determined that updating Group Homes Type III zoning regulations is a high priority; and WHEREAS, the Planning Commission is scheduled to hold a workshop on Group Homes Type III zoning regulations on May 7, 2014; and WHEREAS, the City desires to maintain the status quo until the Group Homes Type III zoning regulations are adopted; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium, which may be renewed for one or more six -month periods provided that a public hearing is held; and WHEREAS, on February 18, 2014, Council held a public hearing on the renewal of the moratorium; and WHEREAS, the renewal of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; Ordinance No. 14- Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings of fact: (a) The forgoing whereas provisions are adopted as findings of fact. (b) The renewal of the moratorium is necessary to preserve the status quo until the City adopts appropriate zoning, health safety, and/ or licensing regulations. Section 2. Moratorium Renewed. The moratorium established pursuant to Ordinance 13- 747 imposing a six month moratorium on Group Homes Type III and other activities involved in the City's review and permitting of sex offender housing is renewed for an additional six months. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ordinance No. 14- Page 2 of 3 PASSED by the City Council of the City of Federal Way this day of , 2014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL 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. 14- Page 3 of 3