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Council PKT 05-18-2010 Special/Regular (2)CITY OF � Federal Way AGENDA FEDERAL WAY CITY COUNCIL SPECIAL & REGULAR MEETING Council Chambers - City Hall � May 18, 2010 www. cityotfederalway. com SPECIAL MEETING - 5:30 PM 1. CALL MEETING TO ORDER 2. INTRODUCTION BY UNITED PROPERTIES OF POTENTIAL ASSIGNMENT OF PURCHASE AND SALE AGREEMENT FOR FORMER AMC THEATER SITE 3. ADJOURNMENT REGULAR MEETING - 7:00 PM 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. City Manager Emerging Issues / Introduction of New Employees b. Certificates of Appointment: Parks and Recreation Commission c. Proclamation: EMS Week May 16-22 ...page 3 d. Proclamation: JR Celski Day - Followed by a Brief Reception ...page 4 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PR/OR 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 (3) M/NUTES. The Mayor may interrupt comments that exceed three minutes, relate negafively 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 may be removed by a Councilmember for separafe discussion and subsequent motion. a. Minutes: May 4, 2010 Special and Regular Meetings... 5 b. CB 534 Proposed Franchise Agreement with Verizon Wireless...page �3 c: CB 535 Proposed Amendment to Franchise Agreement with Clearwire ...page a1 d. CB 536 Proposed Extension of Franchise with Tacoma Public Utilities... 81 The Council may add items and take action on items not listed on the agenda. e. CB 537 Timing of Payments for Open Space Fee-in-lieu, Regional Stormwater Facility Fee, and Transportation Impact Fee...page ss f. CB 538 Amendment to Exhibit A to the City Center Planned Action Ordinance...page 144 g. Pacific Highway South HOV Lanes Phase III — Project Acceptance...page �s9 h. DSHS Interlocal Agreement for Respite Care — Recreation Services...page �7� i. First Amendment to Landscaping Services at Federal Way Community Center...page 187 j. Rush Commercial Construction - Retainage Release ...page �s8 6. COUNCIL BUSINESS a. Process of Potentia! Assignment of Purchase and Sale Agreement for former AMC Theater Site ...page �so • Public Comment b. Rabago McCord Settlement ...page �98 c. Suspend Council Rules to Cancel August 17 City Council Meeting ... page 199 7. INTRODUCTION / FIRST READING OF ORDINANCES a. CB 539 Amendments to FW RC Title 18 "Subdivisions" and Title 19 "Zoning and Development Code ...page 200 An Ordinance of the City of Federal Way, Washington, relating to Subdivision Improvements amending FWRC section 18.60.050 Streets and Right-of-Way and adding a new section to FWRC 19.135 amending Ord. No. 09-630, Ord. No. 07-554, Ord. No. 98-330, Ord. No. 97- 291 and Ord. No. 90-41. b. CB 540 Amendments to FW RC Title 9"Animals" ... page 214 An Ordinance of the City of Federal Way, Washington, relating to animal Services, specifically, T'�t/e 9, "Animals,"of the Federat Way Revised Code; amending Chapters 9.05 and 9.25FWRC, repealing Chapters 9.10, 9.15, 9.20, 9.30, 9.35, 9.40 and 9.45 FWRC and creating new Chapters 9.09 and 9.18 FWRC. 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION • Potential Litigation Pursuant to RCW 42.30.110(1)(i) • Property Acquisition 42.30.110(1)(c) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. CITY OF '�,�...., Federal Way PROCLAMA TION Emergency Medical Services Week - MAY 16-22, 2010 WHEREAS, emergency medical services in King County will celebrating the 40�h anniversary of delivering emergency medical care to the residents and visitors in the County; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; now THEREFORE, we, the undersigned Council members of the City of Federal Way, do hereby proclaim the week of May 16-22 2010 as "EMERGENCY MEDICAL SERVICES WEEK" in the City of Federal Way, with the theme, EMS: A Proud Partner in Your Community, I encourage the community to observe this week with appropriate programs, ceremonies and activities. SIGNED this 4th day of May 2010. CITY OF FEDERAL WAY Linda Kochmar, Mayor Jeanne eurbidge, Councilmember Roger Freeman, Councilmember Dini Duclos, Deputy Mayor lack Dovey, Councilmember Jim Ferrell, Councilmember Mike Park, Councilmember GITY OF �,,�....., Federal Way PROCLAMA TION CELSI�I PROCLAMATION WHEREAS, J.R. Celski, son of Bob and Sue Celski, are all residents of the City of Federal Way and; WHEREAS, Celski won the Bronze Medal in the Men's 1500-meter Short Track Speed Skating event and a Bronze Medal in the Men's 500o-meter Relay event at the 21St Winter Olympics which were held in Vancouver BC, Canada in February 2010 and; WHEREAS, Celski finished fourth overall in the standings, scoring S9 total points at the 2010 World Short Track Speed Skating Championships held in Sofia, Bulgaria in March 2010 and; WHEREAS, he took home Bronze Medals in the Men's 100o-meter event and 8000-meter Super Final event, and he was a member of the United States Team that won the Silver Medal in the Men's 5000-meter Relay event and; WHEREAS, he also finished fourth in the Men's 1500-meter event, 9th in the Men's 500 meter event and; WHEREAS, Celski will be attending the University of California, Berkeley in the College of Letters and Science this fall and; WHEREAS, Celski is a hometown hero, a true inspiration and has demonstrated that he is an excellent role model for the youth of Federal Way; NOW THEREFORE we, the City Council of the City of Federal Way do proclaim May lsth 2010 -"J.R. Celski Da�' in Federal Way. May all rights, privileges and honors be bestowed upon J.R. Celski and all members of the Celski family. SIGNED this lsth day ofMay 2010. Linda Kochmar, Mayor Jeanne Burbidge, Councilmember CITY OF FEDERAL WAY Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Roger Freeman, Councilmember Jim Ferrell, Councilmember Mike Park, Councilmember COUNCIL MEETING DATE: May 18, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sa Sus.TECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the May 4, 2010 Special Meeting and the May 4, 2010 Regular Meetings? COMMITTEE: N/f1 CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Carol McN Attachments: ❑ Ordinance ❑ Resolution Clerk MEETING DATE: N/fl ❑ Public Hearing ❑ Other DEPT: Human Resources Draft meeting minutes from the May 4, 2010 Special Meeting, and the May 4, 2010 Regular Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL N/A DIRECTOR APPROVAL: N/fl N/A Committee Council Committee Cou�il �,,, �� +Iv COMMITTEE RECOMMENDATION N/A PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/O6/2006 RESOLUTION # CITY OP ,� Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING CITY COUNCIL MAY 4, 2010 - 5:30 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the Special Meeting to order at 5:34 pm Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, and Jack Dovey Councilmember Roger Freeman arrived at 5:40 pm. Staff Present: City Manager/Police Chief Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. CHANGE OF GOVERNMENT: a. Continued discussion of Appointed Positions and Confirmations City Attomey Richardson reviewed the proposed duties and qualifications for the City Council Executive Assistant position. Duties include: coordination of ineetings, conference and travel arrangements; update and maintain calendars; reconciliation and processing of expenses; preparation of correspondence, reports and memoranda; greeting the public; screening phone calls; and providing prompt responses to the public. The Council stated they would like to formalize a process that allows the Council to take part in the performance review for this position even though the position will report directly to the Mayor. The Council discussed if this position should be part time or full time; Council consensus was to establish the position as a full time position in the Code. City Attorney Richardson reviewed the draft language for appointing officers. The Council discussed the last sentence and asked Ms. Richardson to edit the sentence to read "The Mayor shall have the ability to make short-term appointments (those less that 6 months in duration) without Council confirmation." If a short-term appointment needed to be extended past 6 months, the Council could authorize the reappointment of the position at the request of the Mayor. b. Professional Service Aqreements City Attorney Richardson reviewed a flow chart that documented the City's intemal process for executing Architect and Engineering Agreements. The Council will forward any questions regarding this process to staff and continue discussion on this item at the June 1, 2010 Special Meeting. City Council Minutes — May 4, 2010 Page 1 of 2 3. EXECUTIVE SESSION The Council adjourned to executive session at 6:06 pm to discuss Potential Litigation Pursuant to RCW 42.30.110(1)(i), Property Acquisition Pursuant to RCW 42.30.110(1)(c) and Collective Bargaining RCW 42.30.140(4)(b) for approximately 40 minutes. The Council adjoumed from Executive Session at 6:59 pm. 4. ADJOURNMENT Mayor Kochmar adjourned the Special Meeting at 6:59 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — May 4, 2010 Page 2 of 2 � �Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING CITY COUNCIL MAY 4, 2010 - 7:00 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the Regular Meeting to order at 7:08 pm Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman. Staff Present: City Manager/Police Chief Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE The Federal Way High School ROTC led the pledge of allegiance. 3. PRESENTATIONS a. Proclamation: Dav of Praver - Mav 6 Councilmember Burbidge read the proclamation into the record and presented it to Bob Roach and Christopher Stone. Mr. Stone thanked the Council for the proclamation and invited everyone to attend the National Day of Prayer Celebration at The Commons Mall on May 6. b. Proclamation: Civilitv Month Councilmember Burbidge read the proclamation into the record and stated that Federal Way is one of the cities that will be part of a Civility conference. c. Proclamation: Public Works Week —Mav 16-22 Deputy Mayor Duclos read the proclamation into the record and presented it to the City's Deputy Public Works Director Marwan Salloum who thanked the Council for the recognition. d. Proclamation: AmeriCorps Week- Mav 8-15 Councilmember Park read the proclamation into the record and presented it to AmeriCorps representatives Monda Holsinger, Jackie Jamison and Danielle Bonner. e. Citv Manaqer Emerqinq Issues / Introduction of New Emplovees PAO Partner Award — City Manager Wilson introduced Police Administrative Assistant Pam Hall and reported she recently received an award from the King County Prosecutors Office for her outstanding service with the organization. Mr. Wilson congratulated Ms. Hall and noted this is the second time Ms. Hall has received this honor. City Council Minutes — May 4, 201 D Regular Meeting Page 1 of S 4. CITIZEN COMMENT Norma Blanchard asked the Council what was happening with the Animal Control Services unit. She stated she feels the Council did not handle one of the public comments very well at the last Council Meeting. Donald Barovic feels the Public Works Department does a great job; however, he is concerned about storm-water runoff in the City. Tim Bums feels the City of Federal Way is a very diverse place. He urged the Council to adopt a proclamation against the State of Arizona's recent passage of the Papers Please Law. City Manager Wilson stated the Police Department is moving forward with its Animal Services Unit by acquiring equipment and will be ready to provide full services on July 1. 5. CONSENT AGENDA /fems listed below have been previously reviewed in ti►eir entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 20, 2010 Special and Regular Meeting Approved b. Monthly Financial Report Approved c. Vouchers Approved d. RESOLUTION: Amend Cafeteria Plan Document Approved Resolution 10-583 e. King County Conservation Futures Funds update, Authorization to Transfer Matching Funds From the SWM unallocated into the SWM 2010 Budget Upon Receiving Notice of Additional Conservation Futures Allocation and to Pursue Acquisition of the Bridges Property Approved f. Emergency Management Performance Grant (EMPG) Award Approved g. Approval of Department of Ecology Pass-Through Grant Expenditures Approved h. ManagerPlus Pro System Software Purchase Approved i. RESOLUTION: Washington Economic Development Finance Authority Bond for Goodwill Industries Approved Resolution 90-584 MOTION: Deputy Mayor Duclos moved to approve the items on the Consent Agenda. Councilmember Park second. VOTE: Motion carried 7-0. 6. COUNCIL BUSINESS a. Commission Appointments: Parks & Recreation Commission MOTION: Councilmember Burbidge moved to reappoint Brian Ailinger, George Pfeiffer, Carol Otto and Marie Sciacqua to the Parks and Recreations Commission with terms expiring April 30, 2013; and further move to appoint current alternates Jack Sharlock and Justin Schmitter to fill the unexpired, vacant terms through April 30, 2011; Councilmember povey second. VOTE: Motion carried 7-0. City Council Minutes — May 4, 2010 Regular Meeting Page 2 of S 7. INTRODUCTION / FIRST READING OF ORDINANCES a. CB 534 Proposed Franchise Agreement with Verizon Wireless An Ordinance of the City Council of the City of Federal Way, Washington, granting Seatt/e SMSA Limited Partnership dba Verizon Wireless, a nonexclusive franchise fo occupy rights-of-way of the City of Federal Way, Washington, within the speci�ed franchise area for the purposes of wireless communications service within and through the City of Federal Way. The City Clerk read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to second reading and enactment at the May 18, 2010 City Council meeting; Councilmember Duclos second. VOTE: Motion carried 7-0. b. CB 535 Proposed Amendment to Franchise Agreement with Clearwire An Ordinance of the City Council of the City of Federal Way, Washington, amending Ordinance No. 07-568 and the nonexclusive franchise granted fherein to Clearwire US LLC, a Nevada Limited Liability Company, to occupy rights-of-way of the City Of Federal Way, Washington, within the specified franchise area for the purpose of installation, operation, maintenance and repair of its wireless communications fixtures and related equipment, cables accessories and improvements in a portion of the rights-of-way within and through the City Of Federal Way. The City Clerk read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to second reading and enactment at the May 18, 2010 City Council meeting; Councilmember Freeman second. VOTE: Motion carried 7-0. c. CB 536 Proposed Extension of Franchise with Tacoma Public Utilities An Ordinance of the City of Federal Way, Washington, granting City of Tacoma Department of Public Utilities, Water Division, an extension to Ordinance 99-344, as amended by Ordinance 09-165, which granted a nonexclusive franchise fo occupy the rights-of-way of the City Of Federal Way, Washington, through the franchise area for the purposes of consfructing, maintaining, repairing, renewing and operating a water distribution and transmission system and accessories within and through the City Of Federal Way. The City Clerk read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to second reading and enactment at the May 18, 2010 City Council meeting; Councilmember povey second. VOTE: Motion carried 7-0. d. CB 537 Timing of Payments for Open Space Fee-in-lieu, Regional Stormwater Facility Fee, and Transportation Impact Fee An Ordinance of the City Of Federal Way, Washington, relating to fee payments; amending FWRC 19.91.060; FWRC 19.100.030, FWRC 19.100.060; and adding new sections FWRD 19.100.070. The City Clerk read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading and enactment at the May 18, 2010 City Council meeting; Councilmember Park second. VOTE: Motion carried 7-0. City Council Minutes — May 4, 2010 Regular Meeting Page 3 of S e. CB 538 Amendment to Exhibit A to the City Center Planned Action Ordinance An Ordinance of the City Of Federal Way, Washington, amending Exhibit A to Ordinance No. 07-547 Establishing the City Center Planned Action pursuanf to RCW 43.21.031. The City Clerk read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading and enactment at the May 18, 2010 City Council meeting; Councilmember Freeman second. VOTE: Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Freeman stated the Martin Luther King Event Planning Committee would be meeting on May 14 from 3:00 pm to 5:00 pm at City Hall. Councilmember povey reported that development on the SCORE Facility is going well, they are ahead of schedule. He reported that he will be not in attendance for the next finro Council Meeting. Councilmember Burbidge reported the next meeting of the PRHSPS Committee is June 8. The Municipal League of King Countywill be meeting at City Hall on May 13. She read a letter from a resident who was pleased with the City's graffiti removal service. She will be attending a meeting of the Puget Sound Partnership this week. She reported that this Saturday, the Postal Service will be picking up food donations in Federal Way . Councilmember Ferrell reported he attended an ivy pull event sponsored by the Friends of the Hylebos. He added that tomorrow is the Chamber of Commerce luncheon and May 6 is the Day of Prayer Breakfast event. Councilmember Park reported he attended the King County Flood Control District meeting. Last week he, along with other members of the Council attended a seniorforum sponsored by the Diversity Commission at the Community Center. He reported the next FEDRAC meeting is May 25. He thanked Councilmember Freeman for his leadership with the Martin Luther King event. Deputy Mayor Duclos thanked Councilmember Freeman for taking on the planning for the Martin Luther King event. She reported the Multi Service Center renovation is coming along well. She thanked Human Services Director Lynnette Hynden for the senior forum that was sponsored by the Diversity Commission. Mayor Kochmar thanked staff for their work on the volunteer dinner. She reported the Buds and Blooms Festival is May 8-9. She will be meeting with the Public Issues Committee this coming week. 9. CITY MANAGER REPORT City Manager/Police Chief Wilson had no report. 10. EXECUTIVE SESSION . . ' canceled . . canceled . . canceled City Council Minutes — May 4, 2010 Regular Meeting Page 4 of S The Council did not adjourn to Executive Session. 11. ADJOURNMENT With no further business before the Council, Mayor Kochmar adjourned the Regular Meeting at 8:00 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — May 4, 2010 Regular Meeting Page 5 of S COUNCIL MEETING DATE: ��9�0 �� CITY OF FE�ERAL WAY CITY COUNCIL AGENDA BILL SuB�c'r: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Franchise Ordinance POLICY QUESTION Should the City grant Seattle SMSA Limited Partnership d/b/a Verizon Wireless Franchise to operate and maintain a wireless communication services within the City of Federal Way? COMMITTEE Finance, Economic Development and Regional MEETING DATE Apri127, 2010 Affairs Committee CATEGORY: � Consent ❑ City Council Business � Ordinance ❑ Resolution ❑ Public Hearing ❑ nOther i _ STAFF REPORT BY: Marwan Salloum, P ITEM #: � � Public Works Director Attachments: Memorandum to the Finance, Economic Development Apri127. Options Considered: Public Works Regional Affairs Committee dated 1. Approve the Ordinance and forward to the May 4, 2010 City Council meeting for first reading. 2. Modify the Ordinance and forward to the May 4, 2010 City Council meeting for first reading. 3. Reject the Ordinance andprovide direction to staff. STAFF RECOMMENDATION: first read ----- ....................._�.__..__..............._....._.._ ___.................._..._�................._................................._..__.....__...----- _ Staff recommends forwarding Option 1 to the May 4, 2010 Council Agenda for CITY MANAGER APPROVAL: .LJ`�� y�� I �� • U W��/ LIRECTOR APPROVAL: ,� Committee Council Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the May 4, 2010 Council �6e�:�Agenda for first reading. PROPOSED COUNCIL MOTION: `,/ 1 REAnnvG oF ORnnva�vCE (05/04/2010): `7 move enactment on the May 18, 2010 Council Consent agenda. 2 °iD READING OF ORDINANCE (OS/18/2010) `7 move approval of the Seattle SMSA Limited Partnership d/b/a Yerizon Wireless Franchise Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: �� ❑ APPROVED COUNCIL BILL # ❑ DENIED 1�` reading ' � � ❑ TABLED/DEFERRED/NO ACTION Euactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # to forward the ordinance to a second reading for CITY OF FEDERAL WAY MEMORANDUM DATE: Apri127, 2010 TO: Finance, Economic Development, and Regional Affairs Committee VIA: Brian Wilson, City Manager/Police Chief FROM: Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Franchise Ordinance BACKGROUND Seattle SMSA Limited Partnership d/b/a Verizon Wireless has a right of way use agreement for a site specific location that will expire June 30, 2010. Verizon Wireless has requested a new franchise from the City of Federal Way, in order to use space on and air-space above certain rights-of-way for the installation, operation and maintenance of certain communications facilities which include requisite antennas, connecting cables and appurtenant equipment. See attached copy of the proposed franchise ordinance. The term of this Franchise is for a period of ten (10) years comr�encing on the effective date of this Franchise consistent with franchises the City has granted to other utility provider. Verizon Wireless agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Verizon Wireless will maintain insurance of $5 Million combined single limit for commercial general liability and $5 Million for automobile insurance. The franchisee may self-insure against such risks in such amounts consistent with good utility practices. The proposed franchise requires Verizon Wireless to post a bond for $20,000. Additional bonding may be required as a condition of the right of way permit before commencing any work within the City to guarantee performance of construction, maintenance or repair in accordance with any permits required by this Franchise. K:�FHSRAC (FEDRAC)�2010\04-27-10 Verizon Wireless Franchise Ordinance memo.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING SEATTLE SMSA LIMITED PARTNERSHIP DB/A VERIZON WIRELESS, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF WIRELESS COMMUNICATIONS SERVICE WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Seattle SMSA Limited Partnership d/b/a Verizon Wireless has requested a franchise from the City of Federal Way, in order to use space on and air-space above certain rights- of-way for the installation, operation and maintenance of certain communications facilities which include requisite antennas, connecting cables and appurtenant equipment; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Seattle SMSA Limited Partnership d/b/a Verizon Wireless; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Ordinance No. 10- Page 1 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means Franchisee's equipment to be located within the public right-of- way. 1.5 "FWRC" means the Federal Way Revised Code. 1.6 "Franchise Area" means only that portion of the space on and air-space above certain rights-of-way located in the City of Federal Way and shown in E�ibit A attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee" means Seattle SMSA Limited Partnership d/b/a Verizon Wireless, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 24 herein. Section 2. Grant/Acceptance 2.1 Grant of Franchise The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within in the Franchise Area together with necessary space and rights for access and utilities, described and depicted in attached Exhibit A. The Facilities shall be at Franchisee's expense. Subject to Section 6 of this Franchise, Franchisee shall have the right to replace, repair, Ordinance No. 10- Page 2 of 26 DWT 14007567v2 0052051-000032 Rev 1/10. VZW Site: SEA SW320TH add or otherwise modify its Facilities within the Franchise Area during the term of this Franchise. This franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. T'his franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other third-party telecommunications providers, and Franchisee covenants and agrees that it will not do so. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, un�ess Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area Citv Prouertv This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, and ending at 12:00 a.m. (midnight) on the tenth (10�') anniversary of the effective date, unless terminated earlier pursuant to this Franchise or other applicable law. This Franchise shall automatically renew for one (1) additional period of ten (10) years unless either party gives the other party written notice of the intent to terminate this Franchise at least six (6) months prior to the end of the preceding ten (10) year period. Ordinance No. 10- Page 3 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH Section 5. Location of Facilities 5.1 Location. The Facilities permitted by this Franchise shall be as described and depicted in attached E�chibit A. The location of the Facilities, including any underground Facilities and appurtenances, their depths below surface of ground or grade of a right-of-way, and any related existing equipment (such as cellular antennae) to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereo fl so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Desi�n Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and City Code requirements, franchise Ordinance No. 10- Page 4 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as reasonably required in writing by the Director. T'his requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Repuirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new.condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWRC and be reasonably satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MLTTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by Ordinance No. 10- Page S of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH the City as a condition of the issuance of the permit or approval. 7.2 Emergencv Exception to Permit Rec�uirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition in Franchisee's discretion as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed within the Franchise Area during the five (5) year-period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director. Ordinance No. 10- Page 6 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. Section 9. Survev Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markinss/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. T'he method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Risht of Citv to Comulete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of thirty (30) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Ordinance No. 10- Page 7 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expens�s incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and reasonable attorneys fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Required Relocation of Facilities 12.1 City Reservation of Ri h�ts. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to tlie Facilities, for any purpose that is not inconsistent with Franchisee's use of the Franchise Area and the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and applicable law. 12.2 City's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: Ordinance No. 10- Page 8 of 26 DWT 14007567v2 0052051-000032 ReV 1/10 VZW Site: SEA SW320TH (a) Provide at least one hundred twenty (120) days written notice of the required relocation to Franchisee in advance of the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the reasonable discretion of the City. 12.3 Franchisee's Duties. Within one hundred twenty (120) days of receipt of the City notice under Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City, to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right-of-way. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements within or adjacent to rights-of- way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Ordinance No. 10- Page 9 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH Franchisee to rights-of-way, or to public and private improvements within or adjacent to rights-of- way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement as required in this section, the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default In addition to other remedies set forth herein, if either party shall fail to comply with any of the provisions of this Franchise, the non-defaulting party may serve a written notice to the defaulting party ordering such compliance and the defaulting party shall have sixty (60) days from the receipt of such notice in which to comply. 14.2 Termination of Franchise. If the defaulting party is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked, or Franchisee may immediately terminate this Franchise upon written notice to the City. Section 15. Limited Ri�hts This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Area conferred by this Franchise. Ordinance No. 10- Page 10 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 180 days before vacating all or any portion of the Franchise Area. T'he City may, after one hundred eighty (180) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 18. Comuliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act. 18.2 Future City of Federal Way Re ula�tion. Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 20. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing hereiri shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with Ordinance No. 10- DWT 14007567v2 0052051-000032 VZW Site: SEA SW320TH Page 11 of 26 Rev 1/10 applicable provisions of the Federal Way City Code. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all reasonable attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence or willful misconduct of the City, its elected officials, agents, employees and volunteers. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee in writing thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Ordinance No. 10- Page 12 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH The City agrees to indemnify and hold harmless and defend Franchisee, its officers, employees and agents from any and all claims, demands, losses, actions and liabilities (including costs and all reasonable attorney fees) to or by any and all persons or entities, including, without limitation, its elected officials, officers, employees, agents and volunteers, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the City, its elected officials, officers, employees, agents or volunteers, or by the City's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring the City to indemnify, hold harmless or defend the Franchisee against claims or damages arising from the negligence of the Franchisee, its agents or employees. Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and Ordinance No. 10- Page 13 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage. 22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions to the effect: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; Coverage shall not be canceled except after thirty (30) days prior written notice to the City delivered by mail, return receipt requested; and Coverage shall be primary as to the City, its officers, officials, employees and volunteers for Franchisee operations. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance in this respect. 22.3 Verification of Covera�e. Franchisee shall furnish the City with certificates of insurance evidencing the coverages required by this Section. The certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. Section 23. Bond Before commencing work within the City, the Franchisee shall post a bond in the form attached as Exhibit B and in the amount of $20,000 to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required and with any provisions of this franchise. In the event that the Franchisee fails to perform as required herein or by any Ordinance No. 10- Page 14 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH permits required, the City may perform the work as provided herein, and may have recourse to the bond in addition to or in lieu of the remedies provided herein, at the City's sole discretion. Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Section 24 General Provisions 24.1 Entire A�reement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 24.3 Assi nm�ent. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, upon notice to the City but without such written contest, to assign this Franchise to the Franchisee's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Franchisee's assets in the market defined by the Federal Communications Commission in which the rights-of-way are located by reason of a merger, acquisition or other business reorganization. 24.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of Ordinance No. 10- Page 1 S of 26 DWT 14007567v2 0052051-000032 ReV 1/10 VZW Site: SEA SW320TH any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 24.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authori . Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: Seattle SMSA Limited Partnership City of Federal Way d/b/a Verizon Wireless Attn: City Attorney 180 Washington Valley Road 33325 8�' Avenue South Bedminster, New Jersey 07921 P.O. Box 9718 Attn: Network Real Esta.te Federal Way, WA 98063 Any notices must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided that it guarantees delivery to the Ordinance No. 10- Page 16 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH addressee by the end of the next business day following the courier's receipt from the sender. Notice shall be effective upon actual receipt or refusal as shown on the receipt obta.ined pursuant to the foregoing. 24.9 Captions. T'he respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 25 Current A�reement The City and Franchisee previously entered into a Right-of-Way Use Agreement dated June 30, 2000, together with all exhibits, amendments and addenda thereto, referenced by Franchisee as Contract #NG 61361. ("Current Agreement"). The City and Franchisee hereby agree to terminate their respective rights and obligations under the Cunent Agreement commencing on the effective date of this Franchise and thereafter, the terms and conditions of this Franchise shall be the sole instrument governing the use of space by Franchisee at the rights-of-way of the City. Section 26. Severabilitv If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 27 Ratification Ordinance No. 10- Page 17 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW3201T-I Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Ordinance No. 10- Page 18 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH PASSED by the City Council of the City of Federal Way this day of , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERKCAROL 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. ACCEPTANCE: Ordinance No. 10- Page 19 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of , 2010. Seattle SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco Partnership, its General Partner B Name: Walter L. Jones, Jr. Title: Area Vice President Network Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On before me, , Notarv Public, personally appeared Walter L. Jones, Jr., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ofNotary Public Place Notary Seal Above Ordinance No. 10- Page 20 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH EXHIBIT A LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA (SEE ATTACHED MAPS) Ordinance No. 10- Page 21 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH :d }t , �{: i �,e�; li; � �� _ _.�� _ � ;�� y �� i �� i 3 �� € j � � � �° � ��' ��,� E ; �� , �� .� � �� , �� . y �� . � �, � � �� '� � � �� : .s �— — , �� - . .x� ..�. � x..Y �c�c �' �� . � _ � — a �� : �� _ .� ��.P _ .o a - � �� . � � . a_. .� � �� 4 ! ��- � �,� ,� ,� � � � � ,•� �� ( � � '�� " -�' � � Y �� : �i� , � � �=��'�,� � � �� 'ti � m ' � �� ' t� , � ��` y , �, � �. � � � � �� i ��'`!i �� !' � � �� ,� � �� 1� � � 4 ` �F I �� j `I j 1 ! � i ._..__.�„ r. �� ...,..,____�# � # �, �� .. � � ;�� # — �.# � ;M�� ;d 3 4 � .;' �� H � � ' i �� G_. b J � � � � , � ��-. s � , � � �� E � —� � �� :� Ordinance No. 10- Page 22 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH #�� „ � „ �-s� �.., � ��i �� °•;��'�� _, � ; , , .. , � "S. �,: ' } �� .` �. �F ^ E � � ^� , it fx' b ��": 4 J � � � �.� m * � . . i. . `� . . � n �� . , ,. � . �" ° � �� .. � � � " K Y .. -. . 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Y �"� _ "�� x � � : �✓� l `m 5 � ,' �,"p' � 9 ry.`r +y, � �M X,t .,..' ,,,P I � �, '�1 $t ; �,i ,� 3 :�� t r z ' - �} * � �/�� '�.;?i�, � "t �. , �v' aa � - . . �t _ .d -i «w}y � , � 1 � t M � �r Ordinance No. 10- Page 23 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH EXHIBIT B CITY OF FEDERAL WAY PERFORMANCE BOND FOR RIGHT OF WAY FRANCHISE AGREEMENT KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and , �e undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a swety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of Dollars and no/ 100 ($ ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated to occupy rights-of- way of the City of Federal Way, Washington within the specified Franchise Area for the purposes of installation, operation, maintenance and repair of its wireless communications fixtures and related equipment, cables, accessories and improvements in a portion of the rights-of-way within and through the City of Federal Way. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within the period not less than: 1. the term of the Agreement; or 2. two (2) years beyond the completion of final installation or construction by the Principal pursuant to the Agreement if required by the City; whichever is longer, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and Ordinance No. 10- Page 24 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH • it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this day of , 20_. COMPANY NAME : (Name of Person Executing Bond) Its: (Title) (Address) (Phone) Ordinance No. 10- DWT 14007567v2 0052051-000032 VZW Site: SEA SW320TH Page 25 of 26 Rev 1/10 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of , 20 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires CORPORATE SEAL OF SURETY: SURETY : APPROVED AS TO FORM: Patricia A. Richardson, City Attorney Attorney-in-Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) Ordinance No. 10- Page 26 of 26 DWT 14007567v2 0052051-000032 Rev 1/10 VZW Site: SEA SW320TH COUNCIL MEETING DATE: ��o=� M CITY OF F�DERAL WAY CITY COUNCIL AGENDA BILL Su�cT: Clearwire US, L.L.C. Franchise Amendment POLICY QUESTION Should City Council approve an amendment to the Clearwire US, L.L.C. Franchise Agreement? CONIMITTEE Finance, Economic Development and Regional MEETING DATE Apri127, 2010 Affairs Committee CATEGORY: '� Consent ❑ City Council Business � Ordinance ❑ Public Hearing ❑ Resolution ❑�Other STAFF REPORT BY: Marwan Salloum, P ITEM #: 5 C. Public Works : Public Works Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated Apri127. Options Considered: 1. Approve the Ordinance amending the Clearwire US, L.L.C. Franchise Agreement and forward to the full council for first reading at the May 4, 2010 City Council meeting. 2. Do not approve the Ordinance and provide direction to staff. ........................................._....__.._......._...__.._........ _ STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the May 4, 2010 Council Agenda for first reading. /� � CITY MANAGER APPROVAL: y'�� }tllc� }�` W��' �IRECTOR APPROVAL: Cnmmittee Cnuncil omRllttee CoutlCil PROPOSED COUNCIL MOTION: �/ \� v 1 READING OF 01tDINANCE (OS/04/2010): "I move to forward ordinance to a second reading for enactment on the May 18, 2010 Council Consent agenda. " � 2`� READING OF ORDINANCE (OS/18/2010) "I move approval of the Ordinance amending the Cdearwire US, L.L.C. Franchise. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1�` reading �y_� �_ ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the May 4, 2010 Council Consent Agenda for first reading. CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: Apri127, 2010 Finance, Economic Development, and Regional Affairs Committee Brian Wilson, City Manager/Police Chief Marwan Salloum, P.E., Deputy Public Works Director Clearwire IIS, L.L. C. - Franchise Amendment BACKGROUND Clearwire US, L.L.C., a Nevada limited liability company, has an existing non-exclusive site specific franchise for the purpose of installation, operation and repair of its wireless communications fixtures and related equipment on a Puget Sound Energy pole located within City right-of-way. Clearwire requested additional locations within the City right of way be added to the existing Franchise. Therefore an amendment to the Franchise has been drafted to incorporate the new locations. See attached Exhibit A-1 for added locations. The basic terms of the existing franchise (Ordinance No. 07-568) will be unaffected, and its provisions will remain in full force and effect. As required in the franchise Clearwire US, L.L.C. will maintain insurance of $5 Million combined single limit for commercial general liability and $5 Million for automobile. The Franchise also requires Clearwire to post a bond in the amount of 120% of the value of the work to be performed, or in the alternative, Clearwire may elect an Assignment of Funds or cash deposit, prior to commencing any work under the Franchise K:�FHSRAC (FEDRAC)�2010\04-27-10 Clearwire Franchise Amendment memo.doc • WA-TAC0769 PSE POLE clea rw' re TACOMA NORTH SHORE RESIDENTIAL CONSTRUCTION DRAWINGS Cascadia PM PROJECT DATA PROJECT CONTACTS ORAWING INDEX g�� ann.nNO, w� �w � N�T ,I�Mrt zalnqWNBU�rnrn sXEEr oESCnianoN �m:l�leati�m� SITE ADDRE56'. 73510715TAVE SW 60VERNINO fADE& ��E US' LlC �ASG�wiM 7�1 TfRE SHEET FEOERAL WAV, Wn 88023 � M�D C��L�N �NT 5501 NE t00T1 CWRT. SWTE R-3 IBC.200E. INTERNATIUNAI BUILDING CODE NN IOCAI AMENOMENTS ��• WA BW?i VANCd1VER. WA OECl2 �.1 SITE PIAN IqTITUDE: <Y' 1B' 06.66' N �� LONGITUDE�. 122' 71' ]8.77' W NEF30�8. NATIONAL EIECTRICAI GOOE �� R 1 PH: 911586.8845 A4 ENURGED SIIF PUN NGET SOUND ENERGV � JURISDIGTION GI7YOFFEDERALWAY.NM . ADACOMPLWlCE ATfN:TINOTHYW68ER CON9rRUCT�ONMANAGEMEM7 A-J EIEVnT10N5 � . � VROJECT IMNAGER. NARELESS GASCPOU PM ' H18TpLUTON IS UNMANNEO ANp NOT FOR HUMRN WIBITATON. RJ EOUIPMENT DETRILS � APN: 17710.98100 NANDICRPACCESSISNOTRE�UIRF-0GQtA.DA. C0.lOCAlpN� l7801]tND�VE,NE , �� CW.�MUNICpTpN SIiIN08 { SERVICES qRKUNO. WF B907J �.5 ANTENNA UETA0.8 GROUN�ELEVATION: �1p'AM9l 108BSNE�TMISTREEi T0006piRI8N - � STFUCTURE ELEVATION'. BS'AOL � P.O.B0X91QL PH:tO8.IB8.B8B1 ¢�L . BELLEVUE WA 9800&B�3/ . A.5.1 nNTENNA MOUNT DEfRILS OGGUPANC�GROUF'. U-Z � E-1 EIECTNN',ALDEMILS � CONSTRUCTIONIYPE: V-B �� ZONING'. G-COMRERCIAI . ��T�Z�� 4N-� OENERNLNOTE6 . � J3S10 Z18T AVE SW. FEDERAL VJAY. Wq � MAILINO RDORESB: GN-] GENERAL NOlES AUTOZ01ff ulC. DEPT B'/00 � GN�� GENERAI N01E5 � PO BO%21Po � AREA MAP ''�"'P"�TM w+� GENERALNOIEB PH' 269.8]B OBW . �,/ � �� a ..� ' y r . ,. AN GiNEER .ING LLC � � � � �•i"*` srnucru�w.w,o�r��r��s PSE REQUIREMENTS � �•�• �8 . � �� ^ � �.� J26 WESi tsiH nVENUE ' L �1� q ` . c EU6ENEOREGWIWWI-S/OZ »r y( �A' �.. J' � �� .:} 7. �'^•. 71 NEW POLE VJILL BE DESIGNED i0 ACCOMMOMTE 1212 ACSR I 100 I1.3 � +J • }� ^ . �i �. � � � DE(3REE G STANDAqO HPR (BOB6.1000j. �c � +�✓ 3� � �. .`ti w7.5/t.7Jl.WlB v C t <1� i' i ,�.. •: f _ (.. ��E .�. 7) ATTAGHMENT Of CONDUII' MU6T MEET NM�MUM CLEARr1NGE iROM DMNM BV: � KN .—_' . �� Ai 5 �' r 1S �' � � � F ,�° c � ��CU�UI�&�'fION CONBUITANT � ANO 8MLAWNTAIN POtE CUMB CO�I�ONS (�I.E 6" O Fv CH � T K �.` 'de �p . � Eft0132NDAVE.lE FROMVOLE). ,.� 4. . �� q . ,gg �* �` P INST�LUTION VNLL MCLUOE A NEW PSE SERNCE RISER (T sysYR}µ ( peyqp�q ) � J 9•!r �'\' � �� CONWIT) nN0 NAND HOIE FOR FUTURE USE B�' PSE GUbTOMERS. �.. lJ � :1 �� NICIG RERBNALL O. DA / 1F'�' � �1��E61ULl8E�TWNIMUM95RINLENG7X-I.E.-86iTT0 � y. �. � ' ��. 1b.'' I� PM: �P6.N].1086 TOP OF SET POLE . IN ORDER TO MET MINMMM SEPpRAT10N 01 67A-06 D R 7 y� ,, �' � O18TANGE BETNEEN GLEARIMRE E�UMMENT MA PSE t t- JF AL .� � � . - S ,� . �, ��,. � N rw�nswxssia+wnnucron. 'F.i, , �`. � � ' � � ' S) SWfTCH FOR FJ(ISTIN6 OISTRIBUiION TpP lRlE SHµI BE � �. {� T t�n�" ��. -�` �� ' RELOGFTEO TO NE%T POIE TO T11E EASTAND TAV RECONFIGURED PROJECTSUMMARY TOARMMOUNTIN(3.AlLP5Ed6TRI8UTI0NONREPUGEMEMPOLE WA-TAC0769 �'+ •'� ti.� �i �r 'i y�- t "� w e �cois�muc� � DES�N STAN I�ft0�6 CURRENT PSE 8� �LB1� �"• � � , � aI" � g�. �' �' S µ�ppppOBALS,FINAI�PPROVALI55U&IECTTO:GSFBREVIEWANO TACOMA NORTH . �`'C ' 1�--+• �.r�,��7s��1�Z'�' • ,�. .: nasPao.�crwauoESn+erou.ovnrroscovEOCw�uc MPROVALOFFlNAL�JURISWCTIONALAPPRWEDSITEORAW�NOB: SHORE 0 S S7RUGTURRL REVIEW: SITE �EASE AGREEMENT�, UND6CAPE REVIEW � 1.CONSiliUC710NOF1WIM/JITELECOI�MIUNICATIONSFALR1ttON ANDMAINTElNNCEAOREEMEMIfPEIEVANf:PSE'60.EGFIPTOF RESIDENTIAL VICINIIY MAP nNex�srwa�vrseoisrnieuna�vote.onsnrwvo�s«nuae CLFA0.WIRE'SNTVLEiTENANOPROGUREMENTOFALLAPPL�ABLE REMOVEOANDREPUCEDWfTNNEWEN(iR�EEREOl9VWODPOIE PERMIT6.PLEASEPROVIDEUSWRNANVAPPIKABLEREVISIONSANU $�Ap PERMITB/APPROVAL3 AS TNEV ARE ACOUIRED. � I - �' lI: I � � 3. N16TALIATIDNOFCIEARWIRERFE0UIPMEMINA78'XM"%6!' ]JS10t1$TIIVEMIEMN I f %' � ��. CA&NET TO BE LOCATEO M A NEW 6'X1P COMPOUND. NOTE 1 CUSTOMEN WTAGE NOtIFICFTION ANO COORpiNATION W1Ll FEDEAAL WA�. VYA BBM7 ` f. . I . �:: BE REWIR80 DURNKi REPUGF.MEM Oi THE POIE B � �"�� ' � `.` � � 1 INSTALUTION � GLFARYNRE (31 PANEL AMTEMIMB. (3) � APN: iJ310�V10p t � C _.,� � �7 M�GNOWAVE.WTENNl1. (1) OPS MRENIN. ANU (7) RRU NOTE 2. IF POLE NEEDS TO BE RELOCAIED FURiNER FROM THE r 1 ; .. , t � . TO TFIE (N) ��LE. RWDWAV. GSE ENOMEERING WILL NRVE TO EVALUAIE �'ACT OF � ' . ` f '�5 t � ..� . � �� r'�� MOVINOPOLEOl7TOFUNE. � I , 1\ '.` .. : i r� ., J� 1. �NBTALUTION OF A NEW 10M EIECTfiIG1l6ERVICE . $�� TInE :� � � �� '� J • �== E�*�` � � i i �' �� —:�. , DRIVING DIRECTIONS TITLE �" ��j l � -• �� . � I � r ' � WMTAC07le SrtE � � `�`. ( I �i� �-' fr � � . �` �� '7 nmNR�NT�s«mnm+romisr SHEET. j�` �' � � Fpq I i�y�"' ;! � '�p ' � ,urw �E�r c�sn a,ro sn-aoe icer�„w wAn �� ,; �..� . _ N BEAR RHSM (EA51) OMTO SR-W! I�l6TM STl . r� � Mag}a Wok�� a � ��•::, t I TAKE FI1MP RK7MT10NT0 NOS SHEET NO. `� ^ .. ti 1 ! . .� � ROM INME GHFN6Eb TO 6R318 � � � � W E TAKE RAIAP (RIGIR) pNT(113 �� +; AT IXIT 1l9. NRN RIOM ONfO RAMG T _ � I ' �I � . ; . . .. g TtIRN L�ER (50UTII) O T02 STAV�E SW � '� . �� . i . . .. . . . �� ARRryE 73810315T AyE 5W. FEDERAL WAV. WF BBOt3 1 I SITE PLAN eYCEU �u�0.1011 .,�.,n,� R1hEUn.m IaP rou�vuaowxor exol+e6�eov1oaoouit � � � � I � � ZI , I 'ff � ._ ...... ___ l i � y i, I I I I � I �. �i � �ik-- ,�,_ _ , ,� , ,� ; , ', � � I i _ _ � � ._ � '� i '. ''�,�. � � � I j � I I � � � � � I � � e,xxau ux�awoex . . .. .; �� ... O 0 ... O O O� O O O O �� O O O O O 00 O .. O . I I .. .... .. 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A-1 (E) GOVJER LINE (!� PROJECT AREA (E) PAVEMENT �OGE (E) GURB J � / � � �I SECTOR IEO• i RRUS MOU II POIEW/STPNDOFF ( RE: N3. � �u fE) PSE TRANSM18810N � 016TR�U710N TO 6E REPIAGFp NqlS ENOINEERED POLEi X7�] f � f � I ( � I � I SECTORYELLOW- I I u I I `"�R� I NE: I � , I ' I I I � v (6) vrtoPePn � awv LrtE (E) FNNDICAP RRMP (� FIRE NWMM —�-- ^--------- ------- —�\ i � ' il II . \ \ \ . a � l Q �(Ei9DEWFLK� ' � Q '. 1 1 p a ' . i ' (E) PROPERiY UNE - I ,, (N) 100 pMP EIECTRIGL MEfER � i I MOUN7E0 Mi ]�t/p'0 POST RE.E-1 � �. Q a Q _.__._. ------ I ; --------- --- Q .. ' ,_ � __ __ (N) Y! LF. W(i 9" CONDUff FROM POLE I CLE1RlNRE80U�P1�ffNTG1gINET. � POLE � � Q H F1ELO�ROUTE PER BEST %I/�Ci1LE. Z �"- � b I _ A3 �� a '� � � b ?�"7� �I�� --r bl /� � (N) CIFARVARE EOUMMENT CABMlET ` .. . d i a.. ' MOU� ED TO (N117(3' CONC. PAD i O I 1� , d q — v- -----�---,..---- a I . � . � . � . . . . . a d cPS � d . , .. . Q , RE: MM1 � ' � - 4 � Q d� ' . - ��. . I � /1 . � (MS'X1aLEASEMFA �fE15�DEN/AU(� SECTOp BLUE • 13R � � ' 1 I I d d . I��. .Q v - � � . I . d (N) UNOSCAPE 6GREENMA TYV. � �' . (M) CLEARVARE MlTENIMS .. � 1 . Q N i . . dRE:A-5 ' _'_� - I ' _" "- � I �� . . �.. I � .t!' �i��.. .I � Q - W E g � � . � i\_ .� � �.a � — ��'. ' � coaou�rc io�narrt �� . 4 8'-2 3I6"s �/� I . I � I i S � t � N07E � clea rw're Cascadia PM � eMO,:uao �vE � r�ta.nrao.w�s�a � t� �t� � � � � � �I � � W � a x+ on�wwer: ` � --- GHECK T eua�mu i aev�s . DATE MN'f � N 01 5-28-0i JP CDREVIEW p2 11-20-09 JP . i � UTILRV GONNECTDN.� e . . � � � � � \ i LG�{ I —3 � ' �� ;. . I E E�� E� E� E-� F� E+ F-� E ,� ... - t�' }� 1. CONTRACTpR $HAIL VERIN FplqL RF � '.-- - � - �-----� ---- �"' -----___ - .r , CONFlWMTIONPRIONTOGON6iRUCTIONb u�ir f � INSTAWTIONOFAN7ENW18. . _ i ; I V/ Q �-" _�___—_ 2. CONTWICTORSNALLFIEIDVERIFVPOLEDMME7ER I I ' W i I � , u � � ,� � I � \ ENLARGED SITE PLAN f Q i (N) (9) Y U!G GOlmUfTS FOR CONf - ,Q 70IN1 �' �E POI.E. - NOUIE W(N) POI£ TO A1r1ENNA �aA+�. „e•: �. I�.I 19'S s. �. �(E) PARqNG � AT GOIINT �OGTION AND ENSURE S�ZE OF COLUR I CHAM MWNT W PROPER FOR RlSTPLU7pN AT SYEGFIED ELEVATON, PRIOR TO MA7ERNL8 `�� oRO`UR� ENLARGED 81 ��'� T �"�� SITE PLAN �LL (WOUNDINO SMRLL BE IN ACCORDANCE TO CIFJiRNARE DaUMEN7 TIElNO08 Ml0 PROCEWRE6 FOR�GIFARYNRE BABE eTAT10N6. CLEARN7RE GONBTRVCTIOM IN6TALU110N GUIOE � SNE NO. WMd%'. UOCUMEMTS, UlEBTRENB�ON. -�— sc��: �n•. ra�mx n a x �• e• �` BG�IE: VY • 1'q^ (Zy!!�) � 81TE i10. WA-TAC0769 61TE iLVAE TACOMA NORTH SHORE RESIDENTIAL sire �oonESa 7761D 2187 AVENUE NW FEDERAL WAY. WA OB02J .NM:1]�10J9100 ; clearw're � � �LEAR�MRE ' _ ��FIAVARE . �ANTENNA68MW8 ANTENNA88MMIS RE: M5� A8.1 RE: A-6. M6.1 Cascadia PM II I I 6]fi0 733ND AV6, NE KOtKLAND, WA 9qRV (N)CNIOUNDBAR PH:��I5�87bi� RE: E•7 I I � � I� � � �I'll (N)f]ITWGCONDURSPOR . � II GOA%TO (MIle' PSE POLE. - ROUIE lW (N) NLE TO fl � pN7ENNAlOCAT10N5. U i Ii 716'3LR. ,� (� TfUNSMI8810N I60UTOR8 I � (E) TRAN6MISSION ISOIATORS � i i i � • .. _. _____.._. .. .._. � � _ � � ..._._.... _.. _... _. _. ....__ ___ _ ...___" � � I \/ � -_-_ __" " -.._. NOTE: . � � � _ "' .. _ -' ' _' . /� i.GONTRAGTORSNAILVERIFYFlNAI.RF �� '" -� � _...__ _.._ CONFI6URAT�ONPIiIORTOCON6TRUGTONB Q � - - _. � � I _. . �.'_"' -__. __.'_ _. _. _. , ...__.. INSTALUTIONOFANIEMNRB. � 9 Cg I . .. � � ...___". - .�.... -.__... 9 " 2.CONTRACTORSNALLFlELDOERiVVOLE p Z � y ' , .__ � §- .. ��--- .__.._..... OIFMETER PT MOUNT �OCATION MA EI�lAtB ` � �' § � SREOFGOLURIGlWNMOUNTWPROPEp � � � ' ____ q-- .� � � � .__.- _ .: x + FOp IN6TAlUTON �T SP@CIF�D ELEVATIDN, u' Q - �� PRIOp TO MATERIALS PROGUitEMENT. Y f7 I I . I I � ' C : 9.SITE PIAN NOT FROM 6Uf3VEY. � �I (E) MAO� TRAN6M�3810M I I1 (E� NNOD lILW51A15&ON I NI�MITAL/ RCVINON/ d.ALLGRWNDIN65HqLL8EiNACCORQ4NCEM �) '��. O�BTRIBUTIONPOLETOBE R DIBTIiI8U710NFOlETOBE pA T DESCRIPTION CLEARWIREDOCUMENT'1AETHO�SANO REPIACfANNB6BM�MEE�FA � I�I RERACEONH86EMGINEERED p � � � � p PROCEDUREB FOR CLFARIMRE 6�6E I �� ' I � I �� • STRTIONS. CLEMNARE CON57RULTIOM POLE F.NClMEERM(i 8 GOLE EIKiN�ERplG 6 �� µ INSTNLUTIIXIGUIUE-N1MAX'.00CIMENTB. I �I., RlBTAlU7pNBVPBE. ! INST�LLAMINB�'VSE. � IATEST REVISION. &T �' j '. II (MCIE�nNnnEwtus WA-TAC0769 � : ___. RE: M a M.1 SITC NAME � ---�-- -.._. __..._. ' - --- --- — __._ _ _ _- -__ - -_ __. TACOMA NORTH M,a�,nw�r+ennua — --" SHORE RE: l46 F Ad7 � GPS � �,>��W��TORRV$ RESIDENTIAL RE' AS itld . •.. I $RE ADDRC'ES }-- - LEASE AR } j . I �'�610 775T INENUE NW (N) CLEARNARE EOUIPMENT ' I . - �� , � �� GABINETMOUNTED I I � � (N)CLEARWIFl �� S-0" y ( I . ON A(N) 7'Xl' CONGRETE GM � - � RPN: 139i WY740 RE: M I i . ON A M13'XS CONCXE�E WN ', RE N I I (1n WlO6GAPE SCREENING ( I , 4� (M I(N WlDSCAPE BCREENRl6 I i f §� $FIEET TITLE r" i p , I b� ELEVATIONS I ' � 63 �� i ^� t"'- � � � I — _ . '.. " .l� av,� 1�6RADE . 1 � ..___ � ..._____'.. ._ _ '...__ _...... _..... ..__L_ . - fEI6RADE Nore. raie SHEET NO. iNSrn�una+ ro wcu� �, �r� vr � - ----- msruunon ro x+cwoe �v+ NEW EIECTRICAL N�NU MOLE � �� N'� �E � Q sutE:+^-�a-nlnz�n a s ia w � � acµer.iaa�nx�� a s� �a za �` V 1 NORTHEIEVATION $ �� E ,.,,.��,� 2 EASTEIEVATION �,�E:,..,.�.�:u�., � tYP. �8 . �� FIEIDMVERRV EGUIPMENT `°`""°" `�&'� clearw're HV�C UMT TYP. 3P8 h ELECTRICAL . � FlEIDTOVEFIFV . ppqg LOCATON _ p b vM ^ g � I POWERRECEPT�CLE � l ' � �co eox � � � � z^ouscr+.+o `� Cascadia PM � 5 CONWR ti b == lp H TELCOBOX �»A�� . . -- T OIA SCX. AO PVC . KIRKI.AND. WA 9P¢�.'1 == re�co canourt . r ow acH. �owc rt�: �us� �a.mae 5 =_ �cocorrourt . — vowea rsecErrnc� � g � � � NV�C EOUIPMEM /� � ."� ' " y � J =. � �"iT �p�T �.�cT"�u°""E� �� 1 �� EQUIPMENT CABINET ELEVATION C EQUIPMENT CABWET ELEVATION W LM 1 TElCOBO% `��/ �� eJ GPB AN�ENN� ♦ O 7'-0' r 7•V CONCRETE PAO . M. GP8 M. OVS \ FlELD TO VERIFV FIEID TO VERIiV � E0. ' LOCATION 7 + lOGl10N � � EO. � y EOUIPMENT CA&NET EOUIPMENT CABINET Y.TEWIG. - ^ � � CABA�T NOTE: �i � ANCXdi CABINET 70 (/� YX7 � � CONGRETE PAD WI7H (q 12' � t� _ NV�G UNIT � HV�C UMT BIIY60N 87RON0 BOLTpt I�IF.N ND � � � = 4 � � T � � � MIITIIIM'pABW..ONEATFACX 6 � � � LORtffR. CONTRACTOR TO VERRV � OPTqW1LVUHfNIN6TALUTON. W N �p 7XJ' CONC. PAC �7 N W� � RE: 9.µ — 2IM -- b b __. _. _ Z B EQUIPMENT CABINET ELEVATION � E4UIPMENT CABINET ELEVATION ��' �+ � q � cN ro \J awrrr� r aevmons sc��: �. ra(��x�n s rs� a s scni:e�, are^ r.a^nam 1 EQUIPMENT PLAN 2 EQUIPMENT ELEVATIONS °"'E r°�s`"„n°" SC�LE:�M'. 1'A'l73%9Q BG�LE:9d'. TA'I7tx7q 01 S78 J REV�EW 11. MN7T CONCRETE PAD CONSTRUCTION arre no. +. ca+cn� sHnu ae rieea �sx ErrtrwHeo s.m rsi WA-TAC0769 COEWRESSNE STREN6TH ARER 7E W�'6. 0" THICN CONG, SIAB 2. MNIMWA OF Y COVER AT TOP OF BIAB AND T WMERE � �eROOrariwsro — --- cowca�wwcannc*vusoi� TACOMA NORTH � J.800.81ULLBEPREPAREDN77HAFlATSUfiFAGE. � SHORE FREE AND CLFAR OF STAypING WFTER MID lOOBE � ' O�RI6. SOIlBNOUID BE WEU. COMGAG7ED TO W%Oi RES I DENTIAL IT MA%IMUM DEN617Y AT OGTpAUM MOISNRE CONiEM. ____ SRE ADDRL[E § �. TOP 6URFACE OF SIAB SHpLI BE A UWR BROOM 3J510 31ST AVENI� NW � F FINISH AHD TAPERED TO IILLOW WATEq r0 SNED FEpERhL WAV. WA 88023 : � WI1110UT PONDIN6. ` . �PN'73210JB100 M CONC SIAB IIbE W� 1]" OG BNY � ' � < . . SHEET7TfLE ,� � ` :i i;-i';i- EQUIPMENT i;: i � b i / i� /� � i ;� , ii � " .� �� i , ,�` �� DETAIL8 �� ;� , �� ii � �,�, � , , � , � ' � �� e^ +-vr cas�o aaK � SMEE7 NO. BS%COMPACTED �,��,�� A-4 3 STRUCTURAL PAD �� 4 PAD DETAIL �� 5 NOT USED �� "�"� � �'�� clearw're � � � �i I � / MWAN'fENNA (MENGINEEREDWp00FOLE � j i AL7ER�� MOUMPlOIWiDWARE KATIIREIN BfJ�U BV ANTENNA UNNERFSALMT WNUF�CTIRER _�'��- ��__\\ I j ' � BR�CKET I �/ . ' I � MANUFACTURER:KATNREM MWANhNNR ; I �. � VARTNUMBER: N41WM (�PIPEMOUNT- (]TYVIGLL) � Cl I LEN67N: 17 CONTRACTORTOVERIFV � ',' I '. AlLAN7ENW11N8TM1ATON I, � _ � wwn�: �zr :�� o�. �,. . r � Cascadia PM :��,��,�+ � wP., DEP7H: 1.C' SCXEWIE �0. NOr M/JIUFACTURE88VEpFKA7WN J � LL� - .. WENiIiT: 70W dPPEDU4LNN12ED• �i I ANDCLEARIMREOOCUMENT IFREOUFIEDRFAIONE THREEBECTOR I ("_ ' CONTFACTOR81Mll-F�EW 876017IIJDAVfi.NE �� 'ME711008MIDPNOCEWREB CHMNMQINT � � VENIFYPOI.EWNAETERAT INIKLAND.WA9Bm3 �� FOR CLEARVARE BASE BTATIONS. µ0 RE7lAL@ RE: M.t I �MOUNT LOCATION AND QJSURE �(��) �' , �'.?.:�>P , 1� CIFARVARE CONBTNUC710N I $IZE OF COI.UR I ClWN MOUNT R ti�I M6TAllATONGUlOE-NAIM%'. � � • PRpPERFORINSTAWTIONAT ,. �,� J ' UTEST REVIBION. A�� I � SiEGIFlFA ELEVATION� PRIOR TO . I ^_ —f I Mq�ERNL8PROCUREAENT. u.r _ •M'ENNAMOUNnNOXARDWARE � � . BY WNUiAG'IIAiER � 1 ANTENNA DETAILS �,� 2 ANTENNA MOUNTING �:,� .� (rnw�rHenHEnp � (N� N' CiROUlY1 &1R o 1d.7' � (N)�20REENGOPPERTO � "" _. � � �ROUHD NOD � � I:.. ... .- �._� — }-----} � - -__.__ I i ._ �..I.1._._ id.li _ _ q �� I I ].7f __ = �/� I � �� STAND OFF BRhGI�T (T�.) � V BYTtnaT;ma?(NYIUTAI � ll � I vea�vTVCe vuun�m � w�rwvncruaea: wroror+ow I vae w+r+He Q MouNra�o. � I d ' _ BR11CI(ET: MNT8271tB1 � PARTNIWABER. RRU•3]03 . � I � . "._' -.".__'_ I XENNff; =.85' (T2.bmi) (N) (]) 3' CONOUrT ti15ERS TO ANfENNAS LENG7H: � 1Y.P p81 mml ! yy�pTM � (py�) RRU (J IYPCAL) I � FOR COAIf (5' MIN. GLEARANG� wron+: u.r (n� mml VVEKwT 5.1 az (�'+kl MOUNTED TO POIENV � � i t rT�?pfrtT't'V�➢��'�f!i oem+: e.z��eemml —� s. II ' �_ ry wr�BY ---- - - . a+ T i � � bTANDOFiBRACKET(1YP,) ' j I VERIFYT'VE WIU7ILRY tUlMI1TALIRVINOM . �I ' �I I I� POLEOWNER WTE IMT DESCRIGTON 01 &3B-0B JV COREVIEW 3 RRU DETAILS 5 �:� 4 GPS DETAIL �� J " ` °' I �� o wa-�co�ss �� (N) GIGE MOUNT • Y 7/8' OIA. MIN. . . I I 'I � I TACOM ORTH � SCNEWLEIO.HOTOIPG4lV. � � � �SHORE �,N��c,�,�ER.�+�+ � RESIDENTIAL �.� PARTNUAlER: PtF63 � � � I I �r � . p�AMETER; 25.1• � . �.__. ° DEPTH: B.T . a i JISEITl�ADORESS OFiBET: 12.T MICROWAVE ANTENN� (E) �� UNT- . ��' t8 '�� REFERENCEDEfMI CONTRACTORTOVERIFV I I � ��, FEOERALW�v.WA9BOt7 78.P 77M'pIAMIN. I II AIIANIENNFINSTALIATION qA�:iJItOJ9100 SCHEDULE M. HD'� � BHnLL BE IN AGCORMNCE WITH A � � ALl MW ANTENNA INSTALUTION pIPGED GALVItAZED • � � AuNUFA�NREB SPECIFlCATION SHAIL BE IN ACCORDANCE VM�H IF REOUN2ED REMOVE A1� CIEARNARE DOCUMENT M� MA/AlGACNRES SPECIFICATK7N AND REPUCE� I 'G�ETMODS ANU PROCEOURES FOR �" AND CLF.ARWIRE DOCUTAENT I i I CLFARYNNE BASE bTATIDNS. SNEET TITLE 'METHODBANOPROGEWRESFOR I i i +`e* U�`+� ��•. ANTENNA \ ��. � - CLEARWIREBA6ESTATWNS. I � . 12.2' � MOUNTIN(i BRPCKET CLFAR�NIRE GONSTRlKT10N ' LATEST REV�pN. �uRws�EO,n+n�n�r�r+� �rur,uv,noncu�oe•wx,uu^. DETAILS BY MANUFACTURER. LhTEBT REVI$ION. .. . . " SHEET NO. � feltxuoe I _ J_ . .. -_.---.....--- - __-_._-__.__--__. _...___. ..._ _. �E,� ��„�,� �E �,s..,..��„X,� A-5 5 MICROWAVE DETAIL � � 6 MIW MOUNTING �� 7 POLE SECTION W/ COAX RISE �� ,,� clearw're PARTS LIST . 1NRIt CES PTI@1 OTY 1163l7 NIGLE IY � 2i376 PLA7E V0.81CNT 6 � $672/ M10.E 6 HARDWARE LIST - sn� on sca�vr� � Cascadia PM 6� 1/� G�LV GR 10 GMM. 36• e QI 6 IIY E1E NUT 8 . 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SIDE ELE rm, reo�va�r.v,�oeoza a,e oau� �. m m� � r� -z TW. �Pl�: t331p]Bt00 FRONT ELE c�+rowuw�emr� r K fz im ra. t.6t1.6Y�TT.B.(IYPI - ----^ � � r� LHAIN MqUNT KIT . -��.. y , c � T• � � SHEETTITIE FOR ROUND OR PpLYGON POLES � a� '� z 2 p � -- �:are� � PROINICT t�AHER� 81639 aQ a�pz'�.•A' p ANTENNAMOUNT aa+�euE.o on.v r� ~ a � I'� : ;. = S � � � � = +w•TM^ � �K — K pl � g i � . � g � DETAILS � � � uC7l � (�Q -''iP B � � �.. 3�15 ri�u S*x[rr sE DATC 2AMR% PLAN VIEW :�w, o� 9 , = s s' MT361-�v26� rnv t�A 163-�Fi) s.o. � a f: SHEETNO. � eCALE:N.T.3(ttXt7) 8CALE:N.T.5177%17� ' `_�•� 3 RRU MOUNT BRACKET �E:,,.r.s ��,,,n 3 TRI-SECTOR CHAIN MOUNT KIT g�p�E.N.T.$ (]9f311 � MEChMNICI�L GONNECTqH �ry�� r (OWBLEMOLEIW) � CI��I Y♦ � . IN6TALl NEW 770RIOJ BMOLE PIMBE METEN W . GoWEIACONNECnON CIEARWINEEOUIPMENT /�'� E%16MKiMETERBA6FJBNF+UfEN.COORDIWI7E • CONNECT PER Mu1l1F�GT1INEF BPECi1CATI0IB GBMET . `� REGUIREMENTS WITN PSE. ' GROUNOfl�P GRWNOBARINTElCOBOX (N)t00AMPENCLOSEDCIRWRBREANERWITH � � LOCKOUT PpOVI810N6 N7 WFA7NFR7RODF t�$Atl� ENCWeURE. . /RAW6INSUUTEDGREEN STRRNUEU /� COPPER CONOUCTO FROM EOIRPMEM AlL 6ROUNDING 6MRLL BE IN /.CCOqpANGE lp �J �� EOUI%�M � 2 R CU TNWN WITM M CU EUUIPMENT (3ROUNU Cascadia PM CLEARNIRE DOCUAENT'MEn1008AND � � -\ CABINET Hl EXI571N(i 7" CONIX1�f NnRE HAS BEEN INCRPABED PROCEWREBFORCLEARWIREd16H8TAlqN6, -� � ipqyplTA6EDRpP�GC�tpJNOTOAPPRO%.60U' CIEMWIRECONBTMUCTroNMBT�LtI.TqN ' �A�� 77IIJDAVE�IE c1noE�wtwz•.00tuMENr8�UT01FEN&W. diWlAiIOD � RUM) ImiKLAND,WA9EW.5 I / IMl OROU/A1 RBJG ___i'�� PH:I� iffi1W! �!/.W3GRWNDLFJ�OTO�\ / . EOVIPM�NT. TYV�AL W�STER ORIXIND GR � . MABTER GRWNOMR � MIXIMEDNFARnNTEMNB ' R AW3 TINNEO SOUD COPPER � LO�ULTOR, 7YPICAL • � Y3 �MA IN6TIAAlE� � � COPPERNANE(3ROUNC �� INTERlULEOUPMENT � LFAp FPpA MABTER GppWq gpp � Q GROUNO Mq TOTONEM 80*�oM GRa1ND MR - (E) 700A. 1P0/2M. iPFI. 3W 1�71318UTOM PANEL WITiI GROUNO Wt MOUNTEO NEM ' 7YPIGl FOR EOU�PMEfR INTEGRII7ED MA1RlAL TRANBFFA B�MTCN AND NC H FW VMFM fABWET G1B�NET �ERW�L PoWER N8� (PROVI�FD WITH UF 1RYW1E �� COMPONEMe E�UIPMENT C�BMET.) /y� Y�f � $LAtE1N'.7'�P(77%1� .. ��:NT$ � � 1 CONNECTION DETAILS �� 2 TYPICAL EQUIPMENT GROUNDING 3 ALTERNATE EQUIPMENT GROUNDING PLAN sciue: nrs scn�: ,rr. r.n � scu�: wrs .. °R —�? �-- � � onn � r. �- � cH cir . N�MTfAI/ILLVYIONt � O. M MR DESCRIPfKK! 01 C � 7 11. P ITfAL $�TE q0. m+wao w.wo.wr..�[�w � � W aTAC0769 � �.,..�..� «�^^� �wu� _------ ----------. TACOMA NORTH � N"" - _-�- -- �� J �� ( ji SHORE (� � i I RESIDENTIAL �- �� — - - _�-- I —J �-� �� _� �. � � i ° = srre �oonaas �- _ _�._ �... ' , I I (� � J9510 tt$7 AVENUE NW ,_� . - s .�,.�.o,Ew,.. . _ — ' Y `�y� �. �-- " � .:. r�� iy I �w w.�....,�°�°�,M,.n":��'��.�a ceo�uuw�v.vweama � �nau�«w.a, oco..asan.ow . O C , ��JI�' � �C '� �* /` -�'� ) ,� � . � s"i u°��rnw�ws APN: iJ7107Bi0D .oaw.e� O n �� :( � � .�,'� O �� I �.' . w . N� , aa � _ . . �� ::��= `—� .:.,...�� -�� SHEET TITLE ��° ELECTRiCAL - � , rvc.wmc awuwaa..rowueeo.m�w ro . �«�•�a-•�� °°'°""° OETAIIS ,,��.�,�.,�.,��. � ,� �..�,��. ,��»....� sr�errio. �,�E:�B E-1 4 GENERAL LUG CONNECTION ��$ 5 GROUND WIRE TO GROUND BAR �� 6 GROUND BAR DETAIL gCaLE'NTS CONTRACTOR GENERALNOTES 7. GONTRACTOR WILL PROVIDE KL UBOR, MATERW.S, TOOLS. EOUMMENT, SAFETY EQUIPMENT, TRANSPORTATION. ANO SERVICES NEGEB6NRY TO COMPIETE All THE WORK OURINED IN ALL THE DRAN'IN65, SPEQFl�ATIONS, SCOPE OF WORK. BILL OF MATEPIA�$, AND ANY OTHER OOCUMENT ISBUED BY CUEM'6 REPRESENTATIVE ANO TNE WIRELESS SERVICES GOAWANV. 2 TNE GONTRACTOR SHALICOMPLY WITH All LOCAIAND NOT1ONAlCOOES.IAWb, ORDIMANCES, REGUTATIpNB. Sr1FETY REGUUTION6. ALl O&U REGUTATIONB, AL� PUBLIC r1N0 MUNICIPAI AUTMORITIEb, ANO ANV UT�LI7V COMPANV REWUTqNB AND DIRECTNES. ]. ALL MnTERIAlS SUPPUED BY THE GUENTS REpqESENTAINE, ANU TNE CONTRAGTOR, SHALL BE INSTALLEO IN ACGORDANCE NATN AlL LOUL AND NATION/.l LODE6. IAWS, ORUINANCE6. REOUTA'lONS RND PER MFNUiACTURERS RECOMMENDATIONS. a. ANV CONTRACTOR bUBMIRING BIDS ON nNV OF THE NA0.K IS REOUIRED TO VIS�T EpGH SITE PRIOR TO TME 910 SUBMITTAI ANO FAM0.IARRE NIMSEIFMERSEIF NATH TNE E%ISTING CONOITIONS AND UNOERSTAND TNE SCOPE OF WORN INrENDED FOR TNE PROJEGT. TNIS WILL BE PERFpRMEO AT THE CONTRACTORS E%VENSE. 6. THE DRAWIN6S AN� SPEGFICATtON6 ARE A �ENEML dPEC7NE FOR 7HE SCOPE ' Of NARK. EXAGi DIMENSIONS AND IOC�TION6IMV CN�NGE IN TIE FIF1D. THE CONTqACTOR IS TO VERIFV TNE DRJENS�ONS AND LOCATONB AND REGO(iT ANY AN� �LL DISCREPANGIES TO CLIENr'S REPRESEHrATIVE VRlpi TO GOMMENCM6 THE REUTED WORK. ANV M1NpR ERNOR6 OR pAISSION6IN TI� OMWINGB AND SGEGFICATIONS, OOES NOT FJlGUSE THE CONTqACTOR FROM LOMPLETIN6 Tff PROJEGT AND IMPROVEMENTS IN AGCORUANCE WITH THE INIENT OF TNESE DOCUMENTS. 9. ALL SITES SHALL BE KEPT GLEr1N FNO FREE OF DEBFIS ON 11 DAIIY BA616, pLL TiIAbH ANO MRTERIALS Np LONGER BEINti USED Ai THE SITE Ak16T � REMpVEp AND VROPERLV DISPOSED Oi ON A WIIV BA&8. �NV E%CE881M7ERIRl WLL BE RETURNED TO CUENTS REPRESENTRTNE AND DELNERED TO TME WAREHOUNN6 FAGLITY PER THE OIFEGTION OF CUENTS REPRESENTATIVE. ]. THE GONIRACTOR SWII� NOT PROCEE� WITH �N/ NqRK AT TTIE SITE PRIOR TO ANOTICETOPROCEE�(NTP)HASBEENI65VE�AryOAPRESONS7RUCTION .. MEETINO AT THE SITE NA6 TANEN PLACE. B. ALL WORK ANO MATER�AlS FVRNISHE� BY TME GONTRACTOR SNALI HAVE A WRITfEN tP MONTH W{�RRANTV STAR�IN6 AT THE �CCEPTANGE OF 711E SITE FROM CLIENT'S REPRESENTA7rvE. 9. THE CONTRACTOR SHqLL MAVE DESIGNATEO A M4NAGER ON &f7E AT ALL TiMES TNAT ANY WORK IS BEING PERFORMEO. P SUB�GONTRACTOR IS NOT DEFINED AS A DE516NATE0 MANAGER. 10. TNE CONTRACTOR SHAIL PRpVIDE A SCMEWLEO UST OF At1 SVB•CONTRAGTORS, WHIGM $N4Ll NJCUAE ADOiff65ES, CELI PMONE NUL8ER5, MOME PHONE NUMBERS, VERIFlGATION Of INSUqANCE, ANY N!D ALL PERTINEM I.ICENSES, AND AN AGCtIRATE SCXE�ULE FOR THE PRQIECT PRqR TO tME ISSUPNGE OF AN NTP. 11. THE GONTRACTOR IS TO KEEP N LOMP�ETE AN� UF-TO-0pTE SET OF THE ORAYANGS, SPEGIFICATIONB. SCOPE OF WORK, At�D 80.L OF IMTERIALONTHE SITE AT �lL TIMES. THIS WIIL BE REFERENCED AS THE ASBUILT �RAWINGS AND MUST BE KEPT GURRENT ON A WIIV BASIS. TNIS Ib IN ADDITION TO THE PERMIT 6ET. 12. A NEW AND GIEAN SET OF ('ANTRhCT �OCUMENT8 W9LL BE ISSUED TO THE CONTRRCipq NEAF THE COMPLETION OF THE PROJEGT TO BE USED TO TRANSFER THE INFORMATION FROM THE iIEID COPY OF ASAULLT ORANANGS TO THE I�W GOPV. THLS NEEDS TO BE SUBMfTTED TO CLIENTS REPRE&ENTRTNE NATi TME ClO5E0UT00CUMENTS. � 13. ON ANY GO-IOCATION SITE, THE CONTRACTOR ANp ANY AND ALL ASSIGNS ARE NOT TO USE EXIBTING POWER Oli TAMFEN Wllil ANV EOUIPMENT BELONCrINb Tp ANV OTHEit CARRIER. FMLUNE TO ADHERE TO THR VALL fAU6E PAMEOMTE OISMISSAL OF TNE CONTRACtOR FROM iHE PROJEGT. u. THE GONTRACTOR IS RESPONS�LE FOR SGHFpIJLMOALL INSPECTqN$ANp iESTING REOUIRED FOR EACN PROJEGT. A IB�HOIIR NOTFMATON N CIIENTS REPREBEMATIVE IS REOUIRBD FOR Att INSPECTION6 AND TESTN6. A FlELD COPV OF nLL INSPEGTION AND TES��NG REPORTS AS WELL AS 7RUGK 71GNET5 AIUST BE SVBM17TFA TO Gl1ENT5 REORESENTATIVE WITNIN 2� HOURS OF TNE MIBPEC710N OR iEST. 15. 7HE CONTPACTOk IS RESPONbIBLE TO VERIFY ALL IMTERIAL 188UE0 TO MIMMER, AND TO REPORT ANV 6NORTAGES AND DI6GREPANCIEb TO CUENT6 REPRESENTAl1VE AT TNE TIA1E Of ISBU/.NCE. THE GONTRAGTOR SFNLL STORE TF/E6E MATERIqLB PPOPERLV. ACGORUING TO TI�lMNUFACTURER'S 0.ECOMMENOATIONS ANO IN A MANNER THPT WRL NOT VqD TE WMRANIY ON RNV REM. IF AN� ITEM IS UAMAGEO OR UNUSAB6E OUE TO IMPROPER HNlDLINp AND bTORAGE. TIE COMRACTOR WIU 0.EPUCE R AT HISMER IXVENBE. 18. 1ME COMMCTOR 1$ REBPONSIBLE i0 FURNISH PROPER FAGILITI�S fpR THE WORKERS ON EAGN GROJEGT FOR THE WRATION OF IYNT %iQIECT. 17. h1E CONTRACTOR IS RESPONSIBLE TO MAINTAM! THE WiESENT CANqTION OF ANV E%LSTNG BUILOINGS, IANObC�PiNG, FENCMG. EWIPMEM. WAlK8.ORNE6. AND ATTACHMENTS. IF ANV DAAUGE SNOULD OGCUR, THE CONTMCTON W AESPONSI9LE TO RESTORE THE D/.M/GE TO A BETfER OR NEW GONDITION. PART1-PROJECT OENERALNOTES 118COPE OF WORK A. PROVIOE llll IABOR, WTERIFL i001g, EOUIPAAENT, 7�ANfiPORT�TON ANO SFRVICEB HEGE88MV FOR AN0 INCWENTAL TO COYPLETION OF AILVARK A8 INDICATED ON 7HE ORANtlKiE MIO I OR AS 6PECIFlEO MERERI. t2 DRAN7N0 USE AI� INTERPRET�TION A. THE WUVAN08 ARE OLIORAMMAIIC MID MDICATE TE OENEML ANRAN6EMEM pF dV67EM8 ANp EOWiMENT UNLE881NOIG7ED OT4¢RNABE BY dMEN&ONB OR DETULB. E%ACT EUVIVMENT LOCATONB pND Rq1TINO6, EfC. 8HµL BE GOVERNED BY qpNAL FIEW CONOIipNB �NDNR INSTRUGTIONS OF iHE 1.7 COAiLETE 8Y67EM6 A. OENERAI: FUNIU6N AMD INSTALL ALL MpTERU48 AS REQUHtFD Fpi COFWIETE SYSiEMB. WHETNER SPECIFICALLY MIDICATED OR NOT. AlLSV6TEM6 8HALL BE CAMPLETEIV A86@MBLED. TEBiED. ADJUSTED, DEMDN8TR�7E0 TO BE REAOV fOR �ERATONVRIORTOCUENT8REVREBENfAiryE'SACGEPTpNCE. � 7./ CODE! A!� REfiULAT10N8 . A.OENERRL: COMGLVWITNALLOOVERNMOFEDERPL.STFIEA�WLOCALUW& ORDINANCE8. CODEB. RIAES AN� REGU{A7qN8. WHERE THE CONiR1CT � OOCUMENTB E%LEFA TMEBE REOUREMENT6. THE CANfMCT pq�{JIAE}1f$ 6lNLL OOVERN. IN NO CABE BHl�LL MANK BE MISTALLED CONTMRY TO OR BELOW MN1flAUA1 LEG�lSTMlWRD8. 8. UTILITIES: COMPLV NATH AlL 11PPLICABLE RUlES. 0.ESIRICTIONB. AND RLWUIREMENTSOF7XEUfIL17Y COMPANIE88ERVING7NEMiQ1EGTSITEI F�G1lR1E5. C. NON�COMPLMNCE: 81KKJ10 ANY VJORK BE PERFORMW WMICM I6 FOUNO NOT TO COMVLVYVI'M�NYOF iXEABOVE.CONTR�CTORBlIAIIPRWWElLL1WORKMID PAY Al1 COBT$ HECESSMiY TO CORRECT 7NE DEi1CIENG�S. 1.8 REFERENC! BTM1d�RDS A AlL UlEBT P�9�I$HED 8TANDARDS OF THE FOLLpWING I185pCNTONSI oaanwr��aws s�uu ee va�oweo �rro nrrueo wr�r+e wwucne�. �,a WNIMIpA REOUREMENIS. 1) (AN6� AMERICRN N�TOlUL STANOMUb INBTRUTE. �(ASTM) AMERICAN SOCIETY FOq lEBTING RND WITERNLS. T (ETL) ELECTRIGIL TES'f41G U80RI1TORY. q(ICEA) INSVUTED GABLE ENGINEERS A980CIATION. S) (IEEE) M�T�TUTE OF ELECTRICAL AND ElEGl1iONIC ENGINEERb. m(NBFI� NNTIONAL BOARO OF FMiE UNOERWRITERS. � (NEMA)1UTIONPL ELECTRICAi. M�NUFACiLIRERB ASSOCNTION. !1 (NESC)NNTqNNLELEGlA1CS0.fElYCAOE. � MFFA) �TIONAL iIRE PROTECTION ilR30C1AT10N. �% N�)UNDBRWRITER'SlA80RATOR�6. 11) (BOG11 �1fl.0�MG OFFICIALb d COOE ADMINISTRATORB. tn (NEC)IMTOW1LElEG'fRILAICO�E. . ,.e rEar.xxra � . p. GENERRI: ALl PERMR6 (ZONINGIBUILDING) REOUIRED BV FU AGPLICABLE A(iENCIEB, VALL BE OBiMNED BV CLIENTS REPRESENITNE. �.� w�rt+r��mo srtff caHOmor+s TFIE LONTMCTOR IS RESGONBIBLE FOR MMNTRRlING 11 NEAT pNp ORDERLV VROJECT SITE. REMOVE AND 019POSE OFi SYfE ALl NUMISM. WASTE. UiTER. ANO N.l FOREION SUBSTIINCES IN A IEORI MANNER. REMO�E PETROLHEMICAL SPILLB. STAINB. RND OTHER POREKiN DEPOSR8 M! COYPIMNGE WAN OS/M REWU710N6. FENRN AlL SURFACES TO ORIGIWLLCONDITION. t.! CONCftEiE 1. ALL MATERiqI,$.1A80R, MRl ME7NOC6 6MAlL CONFORM M �LLAPMCABIE ASTM ANO AGI STANDMDB AND REOUIREMENT6. R I6 TE COtRR�CTOR'6 RE8PON918R1TY 7o M19UPE 7NAT All 6TANDARD6 ME G�T. � TO BE ABLE TO PROOUGE l� VERIFICA'ION OF THE$E ITEY$ IR'0!1 REQUEST. 2 TME CONTAACTOR 8NALL SCHEWIE ALL IN6PECTONS AT7HE 1'E$TXC UBORATORY, l�ND INFORM CLIENTB REPRESENTA7IYE W�TNN 21 XWRS OG THE IN6PECTION OR TEBT. TNE TEBT MAII INCLUOE BLUAP. AIR FMMMIEM. TEM7EPA7URE.ANDTE8TCVI.INDER6. ATOTALOFFIVECYLNDERS&HRLLBE TAKEN d1RING EpCH POUR OR FOR FACN 50 VMOS IF 11E VOUt I60�R 60 VMDB. TME fNtbT CYLWDER YAtI, BE BROKEN AT 1112 p4Y8. A BECOND AT 70AV8. A TMIRO AT t� pAY$ AN� A POURTH A� ZS ppYB. THE lABT C�'INAER WM1lBE KEFT SEPMATELY FOR iUNRE USE IF NECES6NRY. . 3. /iLL CONCRfiTE FOR Ti1E VROJEGT SiULL NpVE A 2&WY BTAENGTN OF HOD P& AND / BLIflAP Of 5' MA%IMUMI VYITH TNE WI%IURE PROPORTNXl6 MEETRN3 THE �SIMANDACIpEWIPEMENTB. RLL�pdIKTURE8M1DtN7ENNL6U6EDFOPTI# CONCRETE MIXTURE 8141LL AL90 GONFORM TO TNE PROPERA37M REQNREMEN78. •. n+e coNrn�cron wn.� xisrnucr n�e conc� surruEa ro wae u+ APPNOVED PlABTCIZER ON THE iRUCN TO RID M TNE Vp�IN6 M10 PIACM(3 Of WERBANDFOUNDATION6. ' 6. AIR ENiRAWINO AOENT SHA�� gE USED IN nNV CWKREIE E%POSED TO FlIEEZINa 7EMPERANREB. !. TME COMMCTOR IS REBPON6IBLE FOR RLl EMBEOMENT LOGRTIONb. SIZEb, MID VROPEII ANClIORINO TO FqID TME ITEMS IN %ACE ALCURATELV. 7. TIIE CpNTRACTOP NAII SUPPLY ANO USE A RELFASINO AOENT ON AlL FORMS. ANV �TfAGHMENT TO EXISTUlG CONCFEiE MEAH N�ML BE OONE 1MTH SMOOiN DOHELB AT 18' O!C WITX A MINIMUM 8' EMBEDMEM IN EALN pRECTION AND �1N RPGROVEO BONOIN6 AOENT �O BE APPLIED TO TME E%18TM0 6URFACE. 8. All EXPO6FA CONCRETE YALL NAVE A UNIFORM FlNISN AND BE SIOPFA FOR DRMNAOE OFF THE SURFACE UNLEbS OTHERWI6E MOTEO IN hIE PUNS OR SPECIFICATON6. 9. TNE CONTFRCTOR SHALL PROTECT THE CONGRETE FRqA ANY ADVER&E VIFATHER CONpTIONB: PREIMTUqE OpvINO M1D MECNRNICAL INJURY TO INSURE PROPER CURING. � 1Q TNE GONTI+ACTOR SHALL BE NESPONB�BLE FOR 71� U5f AND GONTROI OF ANV AIECMMlICAI EOUIPMBNT TO INSURE Tl1E PROPER VUGEMENT OF TNE CONCREIE TO PREVENT ANV VO106 OR 6AP5 1.B METNA 7. RLL LABOR. MAlER1AL5. FABRIC�TION AND WORIOMMSN�P SHALL CANFOPM TO THECODESRNO STANDARDSOFASTMANDAWS. 7. RLL WORK BW11.L BE OONE B� 4 CERT6IED WELUER. TNE CONTMCTOR bFl4LL SUBMR A COPY OF 7NE CERTIFICATION TO CIIEM'6 REPRESENTATNE. 9. Mt STEEL U6E0 SHML BE FqT pPPEO GAI.V�NRED. t.tOANTENNABAHDCABLEB � 1. 711E GONTRACTOR IS RESPONSIBLE FOR THE PItOPER STORAGE AND HANOLING Oi �lL MATERNLS 0r10E �MEV /WVE BEEN REIFI�6ED FROM THE WRREHOUSE. 2. Nl6TRLUTION OF AlL AIATERULS SM�LL BE OONE IN STRICT ADHERENCE TO MM7UFACNRER'S NECOMMElAY1710N5. 8. fOWER TECNNICI�N6 6HALL BE CON( GABLE MANUF��NRES GERTiFIEU FOR FOR VERFORMINO CpBLE GONNEGTfM MST1ILUTIONS. a. THE CpNTRpCTOR SMALI RUN RLL LINES ANO CONpUIl51N A NEAT.ORDERIV ANOSTMIGVIiFA6X10N PROVIDINOANGHDRIN6�6REGOMMENOEDBVTIE M/ NUFAGTIRER AND NM1IENEVER N[CESS�AY TO SIJPPORT THE UNEb PROPERLV. t:H WANRIWTIES 1. THE CONTRAGTOR SMq�� WqpRANTY ALL GENERAL WJRK FOR A MINIMUM OF tZ MON7N6 OR AS STpTED ELSENMERE IN TME GONTRAGT. � I. ROOF WqRqA11TV: ALl WORN ON ROOFB SH4Ll8E PERFORMEU IN FULL COMVUANCE �NtH TXE ROOF M1uNUFACTURER u!D �OMRACTCHI Sw�ll OBTAIN WRITTEN VERKICATION iROM ROOF IMNUFACNRER TNT THE WMiqAHTY REMRINB VAUD �FTER fANS7AUCTpN. t.t] ELECfRIC�L . 1. TXE CONiAAGTOR IS RESPONSIBLE FOR ALL PER1qiTWG, FlLING, AND FEES IN cowuqcrroH Nnn+n� w+aecr. 7. TME COMRACiOR g1W.L gCF1EpUlE ALL NECESS4RV MSPECTIONS WIiH Ti� WtOFER �UTHORITIES AMO INFORM TME P�ECT MANR(iEMENT CAMPANY 14 XOURS W �DVANGE. M.L TICKETS AMD WS�ECTION VENIiIGA7iON6 NALL BE SU&AITTEO TO Cl1EN7'3 REPRE9ENTATNE VA1'MIN Za NpUqS AGTER THE INBPECTION HAS TMfEN PUCE �. M.L �A90R AND /MTERIAL SXAIL CONFORM TO ALL IOGAL 3TAiE. AND NATIONA� GODE8, RULES. pEWIATION6AN0 9TANWROB. 1. ALL EOU6'MENT. NARiNG. AN01M7EIMALS AN15T NAVE A Ul IABEL 5. �LI. NNRK SMALI BE OONE BV OU�IAF�EO Al�1 E%VEp1ENCEU JOURNEYMEN AND PERFORMED M � WORKMPNIIKE tMNNER AND SlU�� PROGEED �N AN ORDERLV �a�+en so na Nor ro No�o w n� vaa�nesa or n+e aaaecr. e. rNOnoiwNir r¢sT �u ur�s. reeoEas. eouwu�r. uro u�nces wm+ W%WUY lOM6 TO A6BUpE PFOPEN OPERATI(#�. 7. CpipUlTb AND GITfM68 FOR OUT&DE AGM.MATIOMS SHRLL BE PIGID OR NpH.METALUCUNLE850THEpWISENOTEO. CONOUITSNl�i11TiNGSFORIN9iDE ew.oiwo nuns naovE cFUHCS swai ee �r. suovon*ut cowouns win+M a REET OF ALL JUNG110N BO%ES AND AT 6F00T INIEqyµS OR LE85I.8 NEEOED WITN APPROVED RNGHORRI6 OEVIGES. . clearw're Cascadia PM R]fi017P1U �V& NE KOtKLAND, WA9BQi3 PH: (43S 8ffi1008 � � � O F� W ^ ~ W a P QI 2 7 DfUNM BV� .: --KN __.._ _"_ K TG BYSMMTTAI.111lWpN7 TE INR �E6CftIP'IpN Ot 5.Z&OB .IP CDR EW 11 ITf SRE NO. WA-TAC0769 $ifL NAMB TACOMA NORTH SHORE RESIDENTIAL SITE ADDRES8 7J810116T �VENUE NW FEUERAL WAV, WA BCOA 11PN:1]Yt03B100 SNEETTPRE GENERAL NOTES $HEET NO. GN-1 8. ALL WIRES SNALL BE COPPER: USE OF AIUMINUM GONDIICTORB WNA NOT BE PERMITTED. SEE ELECTqICM PUNS FOR &ZINO AMD IOCATIONS. USE 7NOPER SIZE CONNECTORS PER LOGAL. STATE. AND NATIONµ CODE8. B. CONDUGTOR IENOTHB 6HALl BE CONTINWUS FROM iERMRNt10N 70 TERMINATION WITHOUT SVLICES. 10. PROVIDE PULL BOXES WHERE SHO'AM AMO NMERE REOUIRED BY COOES AND UTILITY COMPANIES. . 11. ALL CONOUIT ROUGH IN SMALL BE COORDINATEO WITM THE MEGFl4NICAL EOl11PMENTTOAVOIOLOCATIONCONF�lGTS. CONTMCTORSWI�LVERIiVl�LI, IOCAT10N5, 1�. ALL WIRES SMAII BE TAGGED RT ALL PULL BOXEB. J�BOXES. EO�adEM BOXE6. AND CABINETS WITN AVPROVED FIASTIGTA66. 1J. AlL BREAKEAS IN lOAO CENiER SHAU, BE IDENTIFIEO WRH 7VPE lM1fITEN LABELS NEATLV PUCEO ALONG SIDE OF 1HE BiIEAKER. i�. qLL GROUNO BUS BARS SHAII BE A 111NIMUM Slff OF 10' %T % iN' UNLE85 OTHERW�SE NOTE� pNU bXALL BE TINNED GOPPER AND UR(iE FNOUGII TO AGCOMMOOATE THE REOUIRED NUMBER OF GROIRIDINO CONNECTION6. TME HARDWARESECURINO ALLGRWNDBARSSIMLLBONUTMEMTOTHESTRUCNRE �0 NMICM TNEV AftE Fi4SiENEO. 15. ANV GENETRATIONS TXROU6M WqLLS, CEIUNGS, FLOORS. ROOFS OR ANV OTHER SURFACE SHALL BE CORE DRILLED AND CLOSE� M11TM A UL fU7EU FlRE SAFING ASSEMBLV. IF A FIqE MT1N0 IS NOT REFERRED TO ON iHE d1ANANGS. TNEN THE CONTRAGTOR 6NM1 MSSUME A ti1WR RATN10. 18. THE MATERUIL6 ANO EOUIPMENT INFORMATION ON T11ESE ORRNAN0815 BA6ED ON TME BE6T AVAIUBLE MFORMATION AT TIIE TIME TNE ORANANG6 WERE I6fiUED. CHNNGES MAV OCCUR. ANU THE GONTRACTOR BNALI VFRIFY ALL REM6 PRIOR TO PIACEMENT, nN0 MAKE ANV CORRECTIONS WITMOUt NPMEN CO6T TO CLIENTS REPREBENTATNE. . 17.PLLUNDERGROUNDCONWITSSHAllBEBCHEWLE�OPVC. ALLSWEEPSOR BENOS.lJlOABOVE�6ROUND CANWRSSNKIBERKqC�LVMREDS7EELOR PVC SCHEDUI.E B0. ALL GONDURS NOT TERMMR7IN(i INTO A CLO6ED MEA MUST BE SEALED TO PItEVENT EMRV OF ANV M0161VRE OR FOflE1GN OBJECTB. /JL GONOURRISERSTOINGLUDE SIJPTVGED(P�NSIONJOINT. GROIIHDIN6 1. TNE CONTRACTOR SHALI VEPIiV VJITN CLIFNT8 REPRESENTATNETi�TM.L CONDUIT SVBTEMS. EOUIPMENT. DEVICE6, PpNELB, 11NEb. TRRVS. BRID�EB, PUTFORMS. ANU ANVIAIL ITEMS RRE 6ROlAJDFD PROPERLV. 2. THE OROUNDINO bY6TEM fANNECTONS 8lUlL BE MPDE `MTM E%OTHERMIG WElAS AND/OR MEGHANICM iW0-LUG COMPRESSION GONNEC70R6 AS ItRNCA7W ON PlAN8. USE ONLV BTMNLE58 BTEEL BCREWB, BOL78 WASFIERB. MID NUTS FOR FASTENINO. 3. CLEAN SURFACES THOROUGHLV BEFORE APVLYING GROUNO LIK33OR QAMP8. IF SURFAGE IS COATED, THE COATNO MUBT BE REMOVEO OONM TO THE BARE METAL AFTER THE COATNG NAS BEEN RPIOVED, APPIY A NONCORROBNE MPROVED COMPOUND TO TNE GLEANED SURFACE AHD INSTALL LUGB OR CUMPB. NMERE GALVAlNZIN(315 REMOVED FRON METAL, IT SHRLI BE VNNTED Wt TOUCIffD UP NATH COLD GAWANIZINO PAIM 6UCH i16 (ilANAOX OR E�UAL. B �. AlL GIAMPS, SLEEVEB. AND SUPPORTS U6ED TO SUPPORT OR CHRNNEL TIIE GROUNDMlG &�'STEM CONDUC70R6 AND PVC CONWRS SHALL BE PVC TYPE NON-CONUl1CTNE. DO NOT USE METAL BRACNETS OR SUPGOR787NATNqULD FORM A GOMP�ETE RING AROUND N7Y GRWNqNO CONOUCTOR 5. ALL OROUNDINO CIXJNECT10N8 SMA4 BE COAlEO YATII NOALOX ANTI.GORROSNE AOENT OR MPROVED EOWI NO SUB6TITUTIONS ME PERMIT7EU. VERIFV THE PROWGT WPfM CUENT6 REGRESEMATNE PRqR TO USAGE. 6. GROUND TNE ANTENNA BA6ES, FMMEB, CABLE 7RAV8 AND RAGI(S. M!D ANY � OTNER METALLIC COMPONENTS WI7i1 N3 GROUNOING COyOUCTORS. AIA fAN1�CT TO THE 6URFACE-MOUNTED GFOUNO BARB. CONNECTIOM DET�NS 6HRLL BE PERFORMED �ER T11E MANUiAGTURERS SPEC6ICATIONS AND RECOMMENOA7pN8. l. 7HE AMENNA CABLES SHALL BE OROUNDED At 7NE TOG nND BOTTOM � iHE VERTIGAL RUN FOR UGHTNNlG PRO7ECTION. TNE AN7ENNA UBLE SHIEID SH4ll BE BONOED TO A GOPPER 6ROUND BU8 AT THE LONEPMOST POM � R�EHTICAL RVN JUST BEFppE IT BEfNNS TO BEND TOWARD 7NE X00.1ZMRAL PIANE. WIPE RUNS TO GROUND SNALL BE KEPT AS 87RI11GNT ANO SHdiT �tS P0f861E. 111E ANTENNA CABLE SMIELD SW1LL BE ORWNOED JUST BEFpRE ENTERHlIi THE CELL WBNlET. ANV ANTENNA CABlEB OVER 100 FEET M VENTIG1l 1EN67H 6MqLl A150 BE EGUIPPED MIITX ADURIONAL 6ROlA1DIN0 AT M16POIM. . B. THE GOMRAGTOR, UPON CWAFLETION OF TNE 6PWNOINO 6�'BTEM. &HALI SGNEWLERTESTOFTHESVSTEM. Cl1ENT8REPRESENTA7IVE'REPI�SENTATNE WILL BE GIVEN A COPV OF (EST. . PART2-PRODUCTS t.1 O�JERAL A.OENERAIREWIREIIENTB: ALLIMTERMIbANDECUIPA1ENTbHPLLBEIN ACCOROANCE WITM CONTRACT DOCUMENT9 AND BTANWFD PROWCTB OF TNE VMIOUB MMII6ACTURERB. VWTH ALL Mr1TERIM$ AND EGUIPMENT TO BE NEW. CIEAN, UNWMA6ED, AND FREE Of OEFEGTLND CORROSION. B. ACCEiTRBLE iRODUCT8: TNE PRODUCT OF � BPECIFIEDOR APP1tOVED 1MNUFACTURER WILL BE ACCEPTABIE ONLV 1MIEN TNE iRO�UCT GOMPl1Eb 4AT1 OR 19 YODIF�D AS NECEBBARY TO COMVLY WRN KL REOIIINEMENT60� TNE CONTRAGTDOLUMENi& C. COMMON 17EM5: WHENE MORE TXAN ONE OF ANV SPECIFIC ITEM Ib REAUWQD, A4 BN�LL BE OF TNE BAME TVPE PND W WUFACTURER. D. UL LIBTINO: �ll 1MTERwB nNC EOUIPMENT SNFLI BE UNGEM+R17ER5 UBORATOPIES NLI ��D AND LABELED. NMERE UL BTANOARDB AND LISTINCaS EXIBT ROp SUCN M117ERIAl80R EGUIPMENT. �ICEW�Y eYBTEA� A. NACEWAY SRING: AB REOUIRED Bv NEC (hWlMMII� NATN OVER5IZED RRGENMYS ASINDK:A7EDO�JDRRWING3. MMIMUMCONUURSRE 3N-RIGH.UNLE88 INUIC�TED 07NENW�BE. B.RACENIAViVPES: RIOIOG4WANIZEDSTEELCONDUff.ElEC7RMALMETAWC TU&N6 (EMn. FLE%IBLE STEEL CONDUR, UOUID-TqNf FLE%IBIE STEEL CONDUff. SCNEWIE �0 HEAW WM.L. AND SCIIEWLE 80 OfTM- NFAW Wµl RIOID NON.MET�LLIC (PVC) GONWR, CONFORMING TO APGLIGABLE N1&, NEM4 ANU Ul STMAARpS. . G FITTING6: AIA RACEWAY FITTINOS (E%CEPT FOR tiKa10 NOPLMEfALLIC COMW�T) TO BE STEEL OR MALLEABLE INON. AND Ul{�57ED FOR TY� INTEIAEO •vvuc��wH. �r vrtntui ro ee co�wnESSron Twe. D. OUTLEf 80%ES (SVqF�CE MOUMEOt: C/ DMRNA VlATEO G6T OR MnLIEABLE IRON. � E. PULL AND JUNCTON BOXES ANO WMtEWAV6: USE A6INOIGTEO AND RE�WRW. JUNCTION BO%ES FOR 6ENERAI MlDOOR USE (DRY LOCATION� TO BE OF a�uvuraEO c� o�uc� s�a cowsrnucnor+uMwxn.� e sowaE. + vr o�v WITM BCREWqI tOVERS. NAREwArc r0 BE UL L�STm. SF�EE! HtEEI CONBTNUCTION WITN eCREW�ON COVERB. FOR E%lERIOR AND WIAP OR WET MICOOR LOCAT10N3, USE BO%ES AND MAREWAVS APPROVED FOR 6lICN USE. F. PIPE 6lEEVEe: RIGW BTEEL CONDINT OR IRON PNE. O. Gp10Urt SEALB FOR CAST-IN�PUCE CONCRETE APPIKATi0N5-NCGEPiABtE MMiUFACNRER6: O-LGEDNEV 7YPE'FSM; THUNOERLIN@ CORPOMTION'UNN SH�L'WITX'UNKSEALWNLLSLEEVE. FOitCORE-0RIU.EDRImPFtEi'.ASTOFENINC �PPlA01�TION6 . PCCEPfABLE MIINUFACTURER6: 0.2! f3EDNEY 7YPE "C8ML.' iHUNDERLINE CORP. LNN SFJ�I' H. SNIEEPb: /U.l SWEEPB FON GOMMIINICATION �OUIVMEM OR MTO CONCPEfE PAO &NLL BE MIN. 3C RAdUB. �. BOO VOLT ANP BEIOW A. 6ENERAL: BINOIECON0UC70R BEK CANDUCTMTV. AIMFALEU. UNGOA7FA COPFBR LONOUCTORS YdTMlOdVOLT RATED NPE'THHWi1NYtf MSUTA710N. B. CONNECTORB: M'LON 511ELL IN8ULA7ED METALLIC SCREW-0N CONNEC70RRS FOR i1{i10 AW6, ANO BOLTED PRESSURE OR CAMPRE65pN �VPE LUOS ANO CANNECTORB NATN 1�18ULATN6 COVERB fpR N AWG AND LAROER. 3A HANOER6 AND SUPPORfS A. GENERAL: N.L NANfiERB. SUGPORTS, iASTENERb AND HAROWARE SNALL BE FqT-0IPiED 6AlVAHIYED OR EOUMII.EM CORROSION itE916TANLE BY � TREATIAENT. AND SIMII BE N1INUFACTURED VRO�UCTS DESIQNEO FOR 71E �rvua�rrou. B. ME8: /UNOERB. STRAP6. RISER SUPPORTS, CUMPS. UGFNNNEL, THRFAOED RODS. ETC. AS INDICA7ED OR REpUIRED. 7.66EGTRICAL IDENTIFIGTION A. NM1EPlATE6: THREE-UYER UMIlNTED GIA671C NATN IM/AMUM Y1S HIOH WHIIE ENGMVEU CINRACTERB ON BLACK BACKORWND AND PUNCHED FOR M�CXMIICAL FABTENMB. B.FASTENER9: SELF•TAPPINO6TAINl.ES&BlEELBCREWBMMBERid37 87AINLE88 8TEEL'MCMUiE ECREWS WI7F1 NU78 AND FIAT IOGK WA8NEN8. . C. UN�ROROUND WARNMO TME: 81%•INCH VADE POlYE7NYLQlE TAPE. PERMANENTLV BRIf3MT COLORED VY1TH CONTMIWVS�PRNRED LEGEND INOM.�TIM6 OENEML tVPE OF UNDERGROUND LINE BELOW �ND YAUtpN". COLONS K FOLLOWS: 1) RED • EIECMIC, 2) ONANGE • CqAMUNIGTI0N8. D. M�RKIN6 PENS: PERMIINENT, WATERPp00F, OUIGK OPVMO BUGK INK. A1CCEiTABLE WINUFACTURERS: 6ANFORD FINE POINT •SIW�WE.' OR EOUAL E. 1NME TAOB: VINVL OR VINY4ClOTN 30.F+1DHESNE W W�PMOUIW 7YPE INUICATIN6 AVPROPRIRTE CIRCIAT NUMBEA, ETC. z� cwauHOirx� A. SV9TEM DESCRWTION: ORWN0ING NEiWORN SVSTEM SIMLL EST�UffiI N7 BARTN.RE818TANCE TO 7NE REiERENCE GROUND POINT NOT Tp FJCGEEO t00HM5 FOR BUROMp. CON818TIN0 OF BONOING OF 8�ftI1GTURE Mb OTMER METAI OBJECTS INCWDING GROUNDM6 ELECIMO�EB AND INfERCONNEG71N0 CpNpULTdi8. THIS SHALL BE PERFORMEO WITN Ti� � POMf.l3%TEST 4ETN0�. B. MA�ERML - NlOM�TW � FOLLOWINO' 1. WATER SERV�E METAUIC RGE 2. BUItD�NG STEEL 3. CONDUCTORb: COPPER STRpNDED OR SO110 TINNED 64RE SIZE AS IN�IGTED t. OROUND NOD6: YB" DIA. % 10'-0` LON6 GOPPER GIAD ORWNU POD 6. GIffMICAL OPd1ND ROD9'. %rt OROUNO ROO �tl-0' 87RAIGHf 81MFTTYPE 0. COMCRESSION: HYOROUNO �6 MPNUPACNRED BV FGI BIAtWDV. CONNECTIONS SXALL BE PROTECTEO FROM CARROSION AS 1MMIF�CTUREp BY LftC GEMICK vrtooucts w.. �s NeeoEO. 7. CONNEC710N8: OOUBLE 110LE LWS FOR ALL MEGiNNICA� CONNEC11fN/5. !. E%OTHBRMIC: GOWEID VA11i PROPER MOWS 2A &1FETY SWITCHEB 0. OENEMI: /IEAW DViV HOR8EPOWER RA�ED. Fl1LLV ENGLOSFD. F71&BlE (W�TM REIECTON FU6E CLWB) OR NON�FUSED PS MOICA�ED. �UICK-MAKE, WICK &iFAK BWITGHIN6 MEGHAlH6N INfERLOC�O WITM COVER. AND NEAMI pIGLO&1RE FOR ORV LOCATIONB. AND NEMA 7R ENCIABURE FOR OUTp00R LOGATONB. UNlEbS INDIGI7EDOTI�RWISE. SWITCNESTOBELABElEDA6'BURABLEFptI)SEAb - SERVICE ENTMNCE E�UIPMENT, WHERE REOUIREU. 8. MTN68; VOlTA6E. PW15E8, AMPERAGES N1U PU61N0 A6INOIGTED. C. M17NE FUSED CONFIGUMTK)N. SWITCHES SNALL INVE AN MTERRUP'fMG CMAGIT' OF AT l.EA8T 700,000 M1P5 S'/MMETRICAL AT 61X NUNDREO (EW) VOLT6 NMEN USED WRM GUfib RKS TMAE DEUV GUAAENT LiMPTINO FUSES. AHD �O.WO AMPS SYMMEIRiCAI AT EW WLTS NMEN USEO NATN CUTS RKi GIiRRENT LIMITIN6 FU$ES. D. OIlARpB: LNlE BMIELA GUARDS TO GREVENT CqRACT WITH I.NE GM78. E. CONMCTe: SRVER ALLOV; SNATGN BUDES SNRLL BE OE{NEq(3�ZW PJ iNE OPEN V061110N. F.LU08: SOLOERlEbBT'FE. G. REJECTION FU66 CUGS: PROVIOE FOR FUSIBLE 6MRfCHEB (90-0OMI n1.PREVENT 711E pISTALLA7�ON OF CUBS X ANU GASS K NOMCU�IENT-LIMRINO FUBEb. H. nCCEPTRBLE MANUFAGNNER: GENERAL ELEGiRIC.SQUARE D, SEMEN6, OR EOUIVN.ENT. II O FI18E8 A VL C1A55 RKt. t50 VOLT OR 800 VOLT A8 RECUNiED FOif SVSTEM VOLTAGE. OUAI ELEMENT, TRJE DEUV. CURRENT.LIAHTNO, 200.000AIG. MIPERE MTpXib AS M1D�TED. SRE�ND��lIANT�TYA6WU�G�EOON7WIERON(iR4M. 8. �CCEPTABIE lW1lFAGTURER6: BU86MqNN "FUSE7RON'. OR EOUAL BY FERRAZ &I�VYMUT. � . t10 GRCUR BREAI�R8 ao�wa �ainEOUSewin+n+ew�n�uwu�c,r�ncrnros�sa INDICATED 07MENNABE. MIMMUM 10.000 RMP8INTERRUVTING CPPACI7V. MGHEX RATIN65 A6 W�dGTEU OR REOWtFA 8Y AVAMA&E iAULT LURRENf. B. GRCUIT BREANER6 POR E%�ST�NG EQUiPMENT SiIAtL BE �ROM THE SnME iMNUFACiURER AB TNE OaIGINqI EOUIPMEM. xi1l0ADCENfErt/vN1EL00AROS&NOlERM8EIWAMP � 0. TWU310W CKtWR BREAKER WfTH /MIN3. M1R�G8 NA BRAMCM pEVICES A6 ttqN'.A7ED. 8.1.WMMUN 10,000 AIC FOR 12WRIOV UNtE&S OTHERNASE NOTED. Q LOC141BLE COVER, COPf¢R BUB. 0. LWD CENTER SFNLL INVE MAIN CIRGUIT BNEAI�R M1OGKPBI.E fl7 �N 60FF PO6RION6�. E COPPER BUS BAR6lALUM�NVM GOMVONENT9 M ELECTR�LAI UEVIGE818 PPOWNiED). I60U1E0 NEUTNAL BUS 4N0 FIRL SIZE OROUNO�NG &16. . F. �CCEVTABLE MANl1i�CTURERS: 6ENERAI EIECTR�. S�WRE D, SIEMENB.OR EWNALEM. clea rw' re Cascadia PM P760 t3N1D A�'E. N6 KWCLAND. WA9B¢i} P71: (QS) 87&1008 � � � � O = � = W � fJ W � 37ti__ ORAWNBY: � KN r. c�o ev: rc . . lIRMT'fAl / IYVMION! 7E R DE8Ca1PilON 01 DREVIEW 71. AL WA-TAC0769 SRE NAME TACOMA NORTH SHORE RESIDENTIAL CRE ACGRH$$ ]75102/6TFVENI� NW� FEOERAL WAV. WA 98023 pPN: 1}?1Q�B100 SHEET ttiLE GENERAL NOTES SHEET NO. GN-2 8. ALl WIPES SHALL BE COPPER; USE OF 11LUMRNIM GONOIIGTORS NALL NOT BE PERMITTED. SEE ELECTHiCAt PUNS FOIi SIDNG AND LOCFTON6. UfiE PROPER SIZE LONNECTORS PER IOCPl, STATE ANO NATIONIILCOOE6. e. CONDUGTOR LENGTHS SHALL BE GON7INUOUS FROM IERMINCTION TO TERMINATION WITHOUT SPUCES. 1a. VROVIDE GULL BO%ES NMERE &iOWN AND NMERE RE�UIRED B'� GODES AND UTILITY COMPqNIES. 11. ALL CONOUIT ROUGM IN SHFLL BE GOORdNATFA NATH THE MECHANIC4l EOUIPMENTTOAVOIDLOCATIONCONFUCT6. CONTRqCTOR&i/�LLVERIFyALL LOCATION3. 12. ALL WIRES SHAIL BE TAGGED AT ALL PULL BOXES, J80%E6, ECUIPMEM BOXE8. qND GABINETS NATM APPROVED PIAbM. Tp68. 1]. ALL BREAKERS IN LOAD CENTER SMALL BE IDENTIFIED NATH 7VPE WRITfEN LABEIb NEATIV PUGFA AlON6 SIOE OF THE BREAKFA. 1{. A�L GROUND BUS BMS SHAIL BE A MINpAUY SIiE OF 10" %7 % IM' UNLE65 OTMEH`MSE NOTEO ANO SHALL BE TINNEO COPPER AND lMf3E ENOUON TO nCCOMMODATE THE REOUIRFA M/M9ER OF ORWND�NG CONNEC170M4. 7!� HARDWAFtE SEGURING AlL GROUNO 64R3 SW4L BOND TNEM TO TME BTRUCT�RE TO NMICH THEY ARE FASIENm. 15. ANV PENETRATIONB TXROUGH WALLB, CEHANGS. FLOORB, RO�S OR ANY OTHER SURFAGE SHALL BE fARE ORILIED AND CLOSFp yHfH A Ul RA7ED iWiE bAFIN[3 ASSEMBLV. IF A FNtE MTIN6IS NOT REFERREO TO ON TXE DRAWINGS. TNEN THE CONTMGTOR SHALL A69lIME A 1-MOUR MTN6. 18. THE MA7ERIALS ANO EOUIPMEN! qlFORA�NTION ON 1HESE ORAWIN681b BASED ON TME BEST AV�IUBIE INFORIMTON AT 7XE TIME TH� p7AWINLi6 VYERE ISSUED. ClUN6Eb MAV OCCUR. AND TNE CONTR�GTON 9Nl1LL VERIFYALL REMB PitlOR 10 PLAGEMENT, AND MAKE ANV CORRECTIONS N7MOUT FURTNEAi GOST TO CLIEIIT'8 REPRESENTATIVE. t].ALLUN�ERGROUNOGONOUITSSMALLBBSCNEWIE,OPJC. ALLSWEEPSOR BENOS, FND ABOVE�OROUNU CONDUITS SWLLI BE RIG� WLVANI7ED 61EEL OR PVC SCHEUULE EU. ALL GONOURS HOT TERMIIJ�TNG INTO A CLOSEO AREA MUST BE SEALED TO VREVENT ENTRY OF ANY Mp1$TURE OR iOREION OBJECT6. ALL CONOURRiSER6TOINGLUOE 6UP7YPEE7WM1810NJOR!!. GROU1A�N6 t. TryE GONTRqCTOR SHALL VEPIFY YATH GIiENTS REPRESENTAT�E T41T Atl CONW R SVSTEMS, E�UIPMENT, pEy�CES. VANELB, LINES.?RFVS. BRIUIiEb. VIATFO1iM5, AND ANYIALL ITEMS ARE GROUNDED FNOPERLY. 2. TME OROVNDINO 5�67EM CONNECT�ONS 6NF4 BE MME W7TN FJIOTHERMIC WELOS AND/OR MECHANICAI TW01UG COMPRESSIpN CANNELTORS I18 WqCATEO ON PlAN6, USE ONLV STAMILESS STEEL BCREW8. 80118 WA5/&A8, ANO NU7S FOR FA&TENINO. 9. CLEAN SURFACES THOROUGHIV BEFORE APPL�'IN6 OROUND LUGS OR GUMPB. IF SURiAGE IS GOATEO, THE GOAl1N0 MUST BE REMOVEO DONM TO i11E BME METFL AFTER THE COr1TIN6 HAS BEEN REMOVED. APiLV A NON.f',(MR0.4NE APGROVED COMPOUND TO TXE CIEANEO 6URF�CE ANU INSTALL LU08 OR CUM7S, WHEFE WLVANIZING �b REMOVED FpOM METAL. IT SFIAl19E PNNTED OR TqJ�HEO UG WITH LOLD DALVnNIZING PAINT SUCNAS GIAVh�O%OR EOUAL. 1. ALL CUMPS, SLEEVES, FNO SUPPoRTS USED TO SUiVOitT qi CMANMEL THE GItOUNDING SVSTEM CONDUGTONS ANO PVC CONOURS SHALL BE WG T'PE NON�GONWCTNE pONOTUSEMETAIBRAGKEtSpRSIRFORT8TWIT{�W{J�p GORM A COMPIETE RINO AROUN� ANV ORWNDINO CONDUGTOit. 5. ALL GAOUNDINO CONNECTIOH9 SYULL BE COATED N7TH NOAl07( ANi4CORROSNE AGENT OR APVRpVEO EOU/�L. NO SU9S7INTpN6 ME PERMIlTEO. VERIiV TNE PRODLICTN7fH CLIENTS REPRESENTAINE iRqR TO USAGE. 8. GROUNO THE ANTENNP BASES. FMMEb. CABLE TRA`�5 MJD RACKS, ANp FNY OTH�R METALLIG GOMPONEbTS WITH N2 GROUND�NG CONDUCTOR& ANU CONMECT TO THE SURFFCE-MOUNTEO GRq1N� BARS. CONNEL710N DETNLS SS�NNLI BE PERFORMED PER THE MANUFACNRER'S SPEGIfICA7qN$ ANp ' REGOMMENDFTIONS, �. TME ANTENNA GABLES SHPLI BE OROUNUED AT TIE TOP AND BOTTOM � THE VERTICAL RUN FOR UGNTN�N6 GROTECTION. T1E ANTENNA CABLE SHIElO SWLLL BE BONDED TO P COPPER 6POUN0 BUS AT TFIE LOVYERMqST VOMf OF A VEqTIC/LL RUN JUST BEFORE IT BEGIN6 TO BENO TOW�RD 71& NORROMK M�1E. WIRE NUNS TO GROUND SH/ LL BE KEPT AS STRAH3HT AND BMOpTAB POSS�9LE. TXE ANTENIJ� CABIE SHIELO SW1L� B6 (iROUNCED JUBT BEFORE ENIERNCt THE CELL cneMer. arv nrl+reNr.V� cAeles ovFA xoo fEE7 �M v¢n'nr.u.lENOn+slweLMSo BE EOUIP7ED NAIH ADDITIONAL OROUNDNK) �T/�M0.POINT, B. THE CONTR�GTOR, UPON COMiLET10N OF THE OROUNdNG SY87EA1, bWN.I SGHEDULE F TEST OF THE SV87EM. CLI(NT8 RBPR�SENTATNf REPRESEMATIVE NALL BE 6NEN � COPV OF TEST. PART2-PROOUCTS �.,� A. OENERAI REGUIREMIENTB: ALl MA7ERIq�6 R1A ECUIPMENT BM�II BE IN ACCORMNCE NnTN CONTMCT DOCUMEN7S AND S7NUM0 GRODUCl8 � 7NE � VMIOUS MANUFACTURERS. WI7H ALL MI17EqW$M�D EWIPMEM TO � NEW. CLEAN, UNMMAOED. AND FREE OF OEFECTB AND CpiP0510N. B.ACGEVTIIBLE�PPODUCTB: TIffPRODUCTpFABPECIFIEDORAPPROVED MANUiACNRER YNLL BE ACCEPTABLE OpIY WHEN THE PROpUCT COMRIESM�1'M OR I8 MODIFlW AB NECESS�RY TO COMP�V W17H �LL REWMEMENTS OF TIE WNTRACTOOCUMENTB. C. COMMON ITEM& MMERE MORE TM/�N ONE OF ANY SVEGFIG REM Ifi RFAUIRm. . ALl &IAIL BE OF 7HE BMAE TYPE AND WMIFAC7UitER. D. UL U8TIN(i: ALL fM7ERNl8/� EOUIPMEHT SXALL BE UNbERVdifIEFte LABORATORIEe �UL) LISiEU AND IABEIEU, VMEpE UL BTANMRDB A� 11371NG6 DIIST fOR SUCN IM7ERWl$�t EOUIGMEM, R2 MCEWAY BYSTEM6 •, qACEWRY 81ZIN0: AB REONRFA BV NEC p11MMLMp�MiX OVERS2ED RACEWAIB �81NDIG�TEDONDMWMl66. MUAMUMCONOURSQE: Y/-INGN.UNLE68 HMMq7ED CTBiV�BE. B. NAGEWAY SYPEB: Ptt4D 6ALVANI7E0 BTEEI GONDUIT. ELECTRICAL METALIIC TVgINO (EMT), FIEXIBLE STEEL LONDUR, U�WQTNi�R RIXIBLE 6TEEL GOMUIT, BCXE�ULE �10 NEAW WALL, AND SCHEDUIE BO IXTRM I�AW WALI RKMD !qN-METAUAG I�) CONDUIT. CONPORMINO TO �PP4C�BLF AN&. NEMA ANO UL BTANORROB. C. FITfk1G8: All fUGEWAY FRTItK38 (EI(CEPT FOR RqD NONJ�7pLUC CONWIn TO BE STEEI OR AWILE�BLE AtON, ANO UL118TE0 fOR iHE MiENOED �APPLICATION. EMTFfl71NGTOBECOMPRE86pNTYGE. 0. OUTLET BOXE6 (SURFACE MOUNTED): CROMIUM PIATED G5T OR MALLEAB�E IRON. E. PULL MJD JUNCTpN 9WfE8 A!N WIREW�Y&: USE RS �MD�CATED RND REOIFREO. JUNCTION BO%Efi FOp OpIERRL INDOOR U6E (DM' LOCATION� iC7 BE OF GALVANIZEO CODE WU08 STEEL CONBTRUCTidI M9lpMUM /' SOWRE f 11? OEEG NAIH SCREW-0M COVER& MAREVMVS TO � UL LIBTEO. SNEEf STEEI CON61RilCTIOMYYTffISGtEVFONCOVER8. PoRO(lERIORAHD0l1ApORNET IINOOP lOCA7qN8. U8E 80%ES ANfI NAREVW1v8 APPROVED fqt SUON USE. F. PN+E SLEEVES'. RIGID BTEEL CANDUR OR IRON PIPE. G. CONOUR 6EAL8 FOR CP$T-I/LPUCE CONCRETE APPLIfATIONS- ACCEPTABLE IMNUFRCTIRERB: PIMaEONEV TYPE "FSK': TMUNDERLME GORPORA710N "LINK SEAI' WRN'LINK BELL WML SLEEVE. FOR CORE-0R0.LEDAID PRE-CAST OVEMNG �VPUCATONB-ACCEPfABLE1MNUFACTURERB:OZlf3EDfEY7VPB.'CBw0.;" THUNDERIMIE CORP.'LNIf 6EAL.• H.SVJEE�S: �LLSWEEVBFOpGObIMVNICATIONEWIPMENTORINTOCONGRETE PqU SHI1LL BE MIN. ?P RAUN6. 2.3 CONOUCTORS- 800 VOIT AND BELOW A. GENERAL: SINO�E�CONDUCTOR 9B% CONOUCTMT'. �NNEAlEO, UNCQ4TW fAPPER CONDUCTpqb WITN BOPVOIT MTEO T�'PE'�1iNWiNWM N15UUTON. B. CONNECTORB: lryLON SHELI iNeUTATED MET�LLIC SCREW�ON GONNECTORS iOR �1N10AWG. ANp 9plTED PRESSUPE ORGOMPRES&pN iVPE U1G6 ANO CONNECTORS WITN INBUTATINO COVERB FOR M AW3 AND URGEp. 2AFNNOERSAM78UPPORTB A C3ENERAI: ALL MNNOERE, SIIFPORTS. FASTENERS FND HRRDVJARE SNFLL BE 1i0T-OWPED 6ALV�NIZED OR EOIRVALENT GORR0610N RENBTnNCE BY TREpTMENT, AND SNKI BE M�NUFACN�ED PROdJCTS DESNiNED FOR 7NE nvPUUraN. B. TYPE6: XANGERS, STRAPB. RI6ER SUVPORTB, CtAb1P6. Ut/VJiJEL, TNRFAOEO RODS, ETC. AS INqCATED di REOUiRW. 2.6 aEGtRICAlO@NTff�AT10N A. NRMEPUTE6: TItltEE-UYER UMINnTFA P1A671C WI711 ANNIMUM 116 MGM NMITE EN6MVED CINIUG7ER5ON BLACK &1CKdiqRAAND VUNCHED FOR 4ECHMqC,AI FA$7ENMp, B. FABfENER8: EELF-TAPPINO BTAINLEg65TEEL SCREYVB NUMBER /0.'f2 � STN14E88 6TFEl M�CXWE BCRENR WRN NUfB AND MT IOCK WABNERB. G. UNDERO110UN0 WA0.NN10 TAiE: 60ldqCX VAUE POLYETNYIENE TAiE, PERIMNENTLV BRIOHf COLOREC WITH CON7INUOU&PRINTEp LE(iEMp INpICA11N0 (iE/ERAl7YPE OF UNDER61iWN0 LII� BEIOW M1D'CAUTpN'. GOLORS AS FOIIONB: 11 RED � F.I.EC7RIG. I� OMNIiE • COIAMUNICAMINB. D. M�IRKINO PE1�: PERWMENT. WATERPROOF. WICK ONVWf3 BUCK INK AGCECTABLE I.MNUFACTURER6: 8ANFORD FINE POINT'SHMP�." OR ECWL E. NARE TMiB: VINYI OR VMYLLLOT/ SELFMIEBNE VJRMMOIMD 7YPE irroic�nrxs nvvaoanwre cuiear �aweEn. erc. F?FZ�'C? A. SVSTEM DESCRIPTON: GRWNDINl7 NETVNDRK SYSTEM SM�.I� ESTABl�BM RN b1RT14REW8TANCE TO TME REFERENCE ORW ND PORIf NOT TO E%CEEO 70 OHMS FOR BUNDINO, CAN&8TIN0 OF BONONiG � 6TRUCNRE MM 0711ER WETAL OBJECT8INCLUDIN6 OROUNDIN6 ELEC7ROOE8 AND INIERCONIIE�TINA CONWCTORB. TM18 BNALL BE PERFORt1ED W17'H TME 3 FOINT.63%TEST ME7Hpp. B. AM7ERIAL • IN01GTE0 �8 FOLLOMANG: t. WA7ER 6EiMCE �Ef�WC PIiE 2. BURAIN687EE1 J. CONDUCTOR6: COVPER STMM�EO OR BOLID TNNED BARE SIZE 116 PA�UTEU a. 6ROlMD RODB: OIB" CIA x 1a-0` LONG COPPER CIAD fiROIM� ROD s. c�pniuu �r+our�o aooa: zrt cnouNO noo �o-m srnn�cNr snu* rne 6.G04PRE86qN: HYORWND�84WNUFACILREABVFG91)qNpV. CON�ECTIONS SWLLI BE PROTEC7E0 FROM CORROSIpN AS IMNUFACRJpW BV IItC GHEMIC.�I PIIOOUGT8 CO.. AS NEFDED. 'I. CONNEC710N6: DOUBLE HOLE LUGS FOR ALL MECH4NICAL CONNECTIOM9. 8. E%OTHERMIC: CADWE�U VJITN PROVER MOlAB 4A &1FETV SWYfCHES A OENERAI: HEAW WiY XORSEPOWER RATED. FU4V ENCL09ED. iU81BLEry�ifH REIEC110N FlISE CIIPS) OR NON�iVSEO A6INDICATED. pIMCK•MqKE. WICK BiIEAK SN?fC111Nf3 MECHMA6M N7fERtACKEO WI7N COVER, A1q IIEµ47 ENCL08URE FOR ORY IOCATIONB, �NU NEMR 9R ENCLOBURE FOR aUf000R IOCATI0N8. UNlE95 INDKATED 01TIERWISE. SNATCNES TO BE UBELED AS'6UffRBIE FOR U6E AS 9ERVICE ENTMNCE EOUIPMENI'. NMERE REOUINED. B. RATIN08; VOLTA(iE, PHASEB. AMVEMGES ANU FUSINO FB Nl�K'ATED. C. IN THE FUSED GONFl6URATON, BWITCHES SW�LL IUVE AN INiERR1ATM0 CAPAGTV OF �T LfAbT 100.0W MAPS SYMMEiRICAI. /T $�( H�NDRE01�) VOLTS WHEN U6EO WITH C1A35 RKS i1ME OELA� CURREM IIMITNG FU8E8. AND 1W,OW MIGB SYARAETRMA4 ATlW VOLTS WNEN USED WITM GUSS RK7 LUPREM UMffING FUSE6. D.OWRUS: UNESNIEL06WNDSTOPpEVENTCAMACTIMTNLNEPMi8. E. GONTACTB: SILVER ALLOV: BIMT�H BUDES SMALL BE DE-ENERGRED M THE OPEN PO6�l. � F. WG6: SOLDERL.Eb6 TYPE. 6. REJEGTION iUSB CLIPS: PRONDE FOR FUSIBIE SMTCHEB (30EWp TO PREVEM T1� INSTAlU710N OF CU86 N ANO p,l$$ K NONCIMREMf-UMIiING fUSEB. M. �CCEPTABLE MpNUFACNRER: GENEMI ELECiRIC.BQWRE D. S�YE/ffi, OR EOUNALEM. ZBF R. UL GU98 RKt, y50 VOLT ON EOD VOLT AS REOUIREO iOR SVSTEM VOLTO.GE. DWL ELEMENT, TME DEUY, CURRENT-INAITING. 200.WOAIL. RMPERE MTiMGS�B INOICArEO. 612E AND OUANT�T'� AS INDIG�TED ON POWER ONGRAM. B. AGGEPTABLE MNNUFAGTURERB: BUSSMFNN'FU6ETfiOH'. OR EOW�L B�' FERRlS &4�WMUT. 110 CI�UIT BRFAIQRB A. OENERAI: MOLOED GSE MA7M TNERMAL ANO MAGNETIG TRIPS UNlE55 q1D�ATEU �TMERWIBE. MIINMUM 10.W0 qMPb qRERRUFTING GRPACITV. MIt3HER MTING$ AH INDICTED OR REOVNiEO BY RVR4ABLE iqU.T GIIRREHf. 8. CIRGUIT 80.�1(ER6 FOR EXWTINfi EOIIIPMEMT SHAII BE FROM TME 6AME MANUiRCNRER RS THE ORI61Wll EOUIPMEHr. �.11 IOAD CEN�ER I PANELBOARDS SINOLE PII�SE 700 AMP �.1WO�ROW CIRCUIT BREAKER WITN MMNB. RM7N66 AN� BRANCN UEVICE3.�5 INDICATED. . B. MIMMUM 10.000 AIG FOR 120V2�OV UNlESS OIHE(iWISE N07ED. G.LOCKRBLEGOVER.COPPERBUB. D. IOAO CENIER SHAII NAVE MAIN CIFICVIT BREAKER (LOCKABLE IN ON 60FP P0SI710N51. E. COPPER BU8 BARS (AIUM�NUM COMPONENIS IN ELECTRICAL �EVICE813 PRONIBITED). IBOUTED NEUTRAL BUS AND NLL NZE GRWNPWIG BU6. F. IICCEPTABLE MANUFACNftER3: GENEfUL ELECTR�, SOUARE U, �A/ENS� OR EGUNRLEM. clearw're Cascadia PM B%fi0138JD AVB. NF. %IRKLAND.WA9BD33 - PH: (�Ll SJ8.1008 � 1 � O � � = W �a � � _- DRAYYNBY. � NN lUBXN7TKINlVMIOIq . W�E INR SCRIP110N Of b JP GDN EW 0 17- AL WA-TAC0769 8R! 1� TACOMA NORTH SHORE RESIDENTIAL SREADDRE88 3]610 718T AVEMIE NW FEpERµ WI,Y, WA g9al3 APN:I�Z1NB70D SHEET TITIE GENERAL NOTES SI�ET NO. GN-3 n PROVIDE CORFOSION PROOFIN6 PAM� ON SURFACES E%VOSEO DURINO INSTAUATION. 9) ALL BELOW 6ROUN0 CONNEGTION6 SMPLL BE CADWELD. PROVIOE fARRO510N PNOTECTION TO CONNECTION MEA.IF INOIGITED. e) ALL ABOVE GROUND CONNEG770N8 BFINLL BE BQTED LUYP. 9URRUY CONNECt10N8 SIULL NOT BE USED FOR EXTERqR OROUNDMG, UNIE&4 NO7E0. 1%ALL GROUND LONNECTIONS TO TME 6ROUND BAR 61LLLL BE MNOE WRH DOUBIE HOLE MV�RAULIGF�LV INDENTED LV68. EXCEPT FOR 7W0 CADVJELUB. A6 6HOWNONPUNS. 11) NMERE GROUND CONNECTIONS ARE MNDE. TNE CONTACT PqNT$ ARE TO BE CIEANED ANO MA�E FREE OF FOREIGN MMTERI�L6, SUGN A6 GNM' M!D GORROSION, TO EN6URE I.N ADEOWTE BOND. i� ALL GROUNDIN6 AND BONOING IN6TALlATONS AND CONNECTION88lNLL COMPLV NATH CIEARWIRE WIRELESS BERVICEB ElEC7RICM. �ND OROUNDINO SPEQFICATION6. 1J) ALL MECHRNIGAI GROUNDINO CONNECTIONS MRUE iNRqN3NOUT 1MESE ORAWINGS SHALI BE MADE WITH K07R-6HIELD.7NERE IB NO EOUNALENT FOR TMESEANTIO%IOFTIONCdAPOUNUS.NOOTNERCOMFOUNDN7LLBEACCEPfED. � COAT /+LL NARES 6FFORE IUGGINb. COAT A�L SURFACE6 BEFORE GONNEGTIN6. C. FlELD 4UAUTY CoNTROI - FlELD INSPECTION RND TE6TNG�MLI BE PERiONMFA .SS REOUIRED: 17 THE GONTRACTOR 9HALL VERIFV THRT TME SVBtEM IS EFFECTNEIV GROUN�ED, MEET6 NEC ARTIGLE 260 REOUIREMENTB, M70 IB FGC�TABIE TO TNE LOCAI UTIl1TY qND LOCAL / UTMORI7V INVI1q JURISOICTION. 2) TME CONTRAGTOR SMAIL MRKE ALL MFASUREMENTS REOUWtEO T07E5T THE GROUNDING NEPNORK SvBTEM. SYSTEM SH�II BE 7E6TE0 AT THE TIME Oi IN6TALUTION. ]) THE GROUNOING NEIWORK SVSTEM TE6T PROCEOURE 94NLL GOMGLY NAiH NFPA �B iHREE POINT TEGIINIOUE FOR GROIMD RESISTMICE, IXCE7T AS MODIFIEO HEREIN. 1) CONTRACTOR 6H/�ll VE0.1FY THEl�DEOUACV OF THE INSTALLED SYSTEM. CONiRACTOR SHALL CONDUCT "817E RE818TANCE TO EARTH OROUNDING iE5TM6' SYSTEM 5) REGORD GROUND RESIST�NCE PER GLEMWIREMARELESSCOMPANY'8 STANOqRD. INSTALLEU GHMS. 0) TEST SHALI BE WITNESSED BV CUENTS AEPRESENTATIVE 9NALL ACNIEVE A GROUNO RESISTANCE�OF lE&5 THAN 6 OHMS. TEST RESULTS SFNLL BE SUBMITfED ON TIE GROUNO RESISTANCE TEST iORAP TO TME CLIENT6 REPRESEMATVE REPRESENTATNE. ]) SUBMIT 7 COFIE8 OF iHE GPOUND RESIST�NCE `E8T FORM TO 111E CUENTS REPRESENT�i1VE REPRESEMATNE, 3.10 CHECKOUT.7ESTINO AND ADJUSTING A. CORRECTIONIREMACEMENT�. AFTER TESTING BV CONTRACTOR. CUENTS REPPEBENTATNE. OR ENGklEER GORRECT ANV OEFICIENGIEB. PIA REPIAGE MATEkIAl8 AND E�UIPMENT SHOYM TO BE DEFEC7IVE OR UNRBLE l0 iERGORM AT OE610N OR MTED CAGACffV. B. POWER CONDULTORS: CONTqACTOp SHAI.L CONDUCT A CON11MlITV b IN&VU1ION TESr pw CONDUCTpR6 6ElWEEN 6ERVICE DISCONNEC� StMTCX�6 COVJER CABINET. . C. GROUN WNG � IEEE FAII OF POTENTIAL TEbTS: CONWICT 7ESTNAIH � FEML MODEL MS00 TESTER. THE METNO� OP USIN6 TNAANOl1ARV GROUNU RODS (/�8 DESCRIBEO IN I.E.E.E. BTANDARD Mi • 1881. PMT 1� 81ULL BE USEp. 7NE nU%ILNRV TEST ROOS WBT BE SUFFICIEMLY FM AWAY FAOM iNE p008 50 TMAT THE REOIONS IN NMICH THENt RESIST�NCE �S IDCMJIEO 00 NOT OVERIAP. J.tt5Y5TEMeDEMONBTRATbN � A. INSTRUCT GLIEN75 REPRESENTA7NE'S REPRESEM�17`�E(9) M TNE STARTd1P. OPERATIONFND MAINTENANCEOiALLELECTRICAL8Y67EM8MOE�UIPMENTA6 REOUEBTED BV THE CLIENTS PEPRE8D7TA71VE PEPREBENfA7NE. 3.1I CLEHlINO ANC TOUCI4UP PApJfMfi p.GENERAI: PERIWICALLVREM�VEFR04THEPRQIECTSf1E.ALLWAS7E. RUBBI6NAN0 CON6TRUCTION OEBRIS AGCUMMATW FROMCON61RVCliON OPERATONS. TNE PREANSE88NALL BE LEFT CLEAN AI&1 FREE OF ANY OEBRIS AND UNUSED CONSTRUCTION MATERbLLB GFlqt TO FlNµ AGCEpTINGE B. ELECTRICAL EOUIPMENT: REMOVE ALL DUST, DIRT, DEBRIB, MqRTAR, WIRE SCRAP8,NUST.ANDOTHERFpqEIGN MArENNLBFORM71�INfERpRPND E%TERIOR OF ALL ELECTRIGI EOUIPMENT ANO ENClO6UqES, A!A NAPE OONM. CLFAN ACCE5SIBLE CURREPfr CRRRYING ELEMEMS Mi01N8UUTORB iR10R TO er�ncinuc. �.,��,,�, 11. TI! CO�7(IAL GBLE &2E BXN.L BE AS SPECIFlED M TIE Y,LFARVARE METIqDS ANU PROCWRES FRO CIFARWINE BABE BTATONS. CIEAWNARE CpATRUCTON MIBTALUTWN OIHDE•YNWNP. UIEST REVISION. B. COAXIAI CABLE BUPPOR75. q 6UPPORT COAXIAI CAM.E61{{BIDE MONOPOLEB WIIH'KEllF1�f GRM T'PE PROIXIGIB. 2) SEGURE AND 6UPPORT CW%�1l CABLES ON OFEN WAVEWIOES STRUCNRAL TOWERB. ]) SEGURE AND 8UGPORT COA7t411 CABLES ON IGE BRIO(iE6 AB NDIWTED ON CRAV�INli6. C. COA%U�l CABIE 6RWNOING: 1) T1iE COA7(Nl G1BLE8 6NRLL BE GROUNOED TO BUS BM(B) AT AI@ ANTENNA6 USIN67HEORWNqN6KR6A88PECIFIEDIN7HE'CLFARIMRE METIOOB�ND PROCOUREA PRO CLEARWIRE B�SE 8i�nON& CIFARNARE COlBTRUC11aN R16TALLATWN OIADE.NAIMX'. UlE$T REVI610N. n T11E COA%1PL GBLES SNPLL BE GROUNOED TO A BUB 6�W AT THE BOiTOM OF TNE TOWER OR AqNOPOLE UiING iME OROUIIDINO KI7S F8 SFECIF�A IN 1HE 'GLEARWIRE ME7HODSANOPROCWRESFltOCLFARWIREB/�8E6T�TONB. CIEMWIRE CONSiRUC710N MlSTALLA710N W10E•N11M�X". UTEBT REVI810N. 7) � COA%ML GA9LE5 SWiLL BE GROUNDED TO A BU6 B�R AT THE BULKNEPD6 U&NO TNE GROUNDIN6 KfTB AS SPECIFIED W T11�'CLEARNARE ME71W0.4 ANO PROCDURES FRO CLEARNARE BA6E 6T�T�ONB, 0.EARYNPE CON6TRUC710N R18TALlAT10N OWDE-NAIMX', UiEST REWSION. 7.1{ TREPNONE OERVICE A. OENERAL: MRANGE WITH 7NE UTILITV CWWNNV M/D CLFARYARE N7PELE56 FOR A iIMELV INSTALIATION OF TME T•1 SERVICE COGRLV MAT11 AN� COOROMU�TE nu neoumt�xrs oF n�e urnm cow+urv. 8. GUENT'8 REPREBEHr�iNE W1LL ORDER THE T•1 SERVICE C. CONTRACTOR WILL ARMNOE FOR T.1 SERVICE IN57ALUTION AND iAV FOR ABSOCNTED UTIl17'� CNMGEG 9,�5 FI s/'TOV` R. (iENEMI: MRANGE WITH TNE U77UT/ COMPANV AND CtFJ�FWM=E N1INELE55 SERVICES FOIi A TIGELV WSTµ,UT10N OF TNE TEi.RORAMV EIECTRIC SFANCE (IF RECUIRED) AND PERMMNENT ELECTRIC SERVICE. CpAPIV VNTII pNq COORDI/UTE AlL REWIIREMENT6 OF TNE UTqRY COMPANY. B. CI.lENTS REPRESENTAi1VE WILL OIiDER T4� ELEC�IC SEiMCE. G. GONTRIIGTOR MALL ARMNGE FOR ELECiRIL SERVICE HJSTRLLA�WNAND PAY GOp A660C W'fED UTRITY GWIROES. . U. ARR�N[iE FOR AN IN8PEC710N OF 7NE EIEGTRICAL SERVICE BY THE AU7HORI7Y IUVNI(3JURISDICTON. OBTAIN ACERTIiICATE0iIN6iEC110N. FUqINSNACOPY OF CERTIFIGniE TO GIEARNIIRE N7PELE55 AND � COPY TO TME U11UT' COMPPNV. E. COOROINAIE METER SOCKET REOUIREMENTS WITN CLE�RYYIRE VNRElEbB SERViCEB AND ELECTRIG IIT�UTV. F. f3ROUNONW: PROVIpE OROUNDM#3 ElEC�00E bYS7EMFOR TXE BERVILE. PER THE 1$G. GER UTILT' CAMPANY RE-0UINEAIp7f8, AND AS NAIGlEO. - O. SNORT CIRCIAT MTIN63: PROVIDE EWICMENTNATi HI(iNER FAIAT GURRENT MTIN08 A8 NEEDED TO MIITCX UTILIT' COMPANV AVAllA6tE FAULT CURRENT. � ' r . clearw're Cascadia PM 87607]2ND AV� N8 ImtKLAND. WA9BIX47 rH: (� eaaaoe � � LL Q O W V S � W � � � PR � 3771 ORAVJN 6V: IQI CHECKED BY: Tfi WMIIRALlRlVWON6 . WTE INR OE RIPTION o+ sxe-oa �r a Ew 0Y 71.= RTAL WA-TAC0769 �I� �ME TACOMA NORTH SHORE RESIDENTIAI SREADCRESS 9J610718T�VENUE NW FEDEML WAV, WA9B0]3 APN:1J7/Wptpp sHeEr nn.e GENERAL NOTES SMEET NO. G N-4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 07-568 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO CLEARWIRE US LLC, A NEVADA LIMITED LIABILITY COMPANY, TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, the City Council on November 6, 2007 adopted Ordinance No. 07-568, granting Clearwire US LLC, a Nevada limited liability company, a franchise for placement of wireless transmitting facilities and related appurtenances in the City owned or controlled rights- of-way; and WHEREAS, Clearwire and the City of Federal Way wish to amend the franchise adopted in Ordinance No. 07-568, to include that portion of the City owned or controlled rights-of-way located in the City of Federal Way and shown in Exhibit A-1 attached hereto (excluding privately owned property). WHEREAS, the City Council of Federal Way finds that it is in the public interest to amend such franchise, in order to include the additional sites. WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and Ordinance No.10- Page 1 of 26 Rev 7/09 WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: Amendment of Franchise Contained in Ordinance No. 07-568. A. Section 1.5 of Ordinance No. 07-568 is hereby amended to read as follows: 1.5 "Franchise Area" means only that portion of the City owned or controlled rights-of- way located in the City of Federal Way and shown in Exhibit A-1 attached hereto (excluding privately owned property), and/or any other areas subsequently approved by the Federal Way City Council and incorporated into this Ordinance via amendment. Section 2. Acceptance by Clearwire. Clearwire shall have no rights nor shall Clearwire be bound by the terms and conditions of this ordinance unless Clearwire files with the City its written acceptance of the terms and conditions of this ordinance. Section 3 Remainder of Franchise Ordinance Unaffected. Except as amended in Section 1 above, the remainder of Ordinance No. 07-568 shall be unaffected, and its provisions shall remain in full force and effect. Section 4. Severabilitv. 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 Ordinance No.10- Page 2 of 26 Rev 7/09 more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall 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 da.y of , 200_. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: Ordinance No.10- Page 3 of 26 Rev 7/09 CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ACCEPTANCE: Ordinance No.10- Page 4 of 26 Rev 7/09 The undersigned hereby accepts all the rights and privileges of the Franchise as amended above, and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained above and in Ordir�ance No. 07-568. DATED this day of , 2010. CLEARWIRE US, LLC By: Ana Hemmert Director Network Deployrnent EXHIBIT A-1 (SEE ATTACHED MAPS) Ordinance No.10- Page S of 26 Rev 7/09 EXHIBIT A-1 (SEE ATTACHED MAPS) Ordinaizce Nv. I �- Page 6 qf'26 Rev 7/09 0 a� A n � 0 � O � OQ %d c0 C v v � �a APPRpVAL BtOCK � �, � O ��: �� r � � D a�' � wi[ �,�,,,,� a � Site Number: WA-TAC394-C � � � Site Name: ALDERBROOK / PSE � �,� DRAWING INDEX VICINITI MAP PROJECT INFORMATION SH€Ef CONTENTS � RE1I �P' 3 a��r��r, w ��,�j� �� r y i i7 jY` scoee oF �: �w urrua�m�macaw,��xunai tiaim ricwaNC n� earqunon �y V� i or �rr c� �arrtHO�s a�+ rcuMm ax n� x¢A.�ur NQt GENERAL NOTES D �_ i '!`' I xvoo urem oo� vws nc wsuunnow oi �� survom c�r T01 TITI:E SHEET t � � M�CI� A CONCREIE SIAB ON GNME M1111N A PIqPOSFO� 1'MY' C fENCED IGSE ARFA coo s� suRVer (er omERS) o ' �„� ,�, �, u ,,,, � co� ov�nu s�rE wara o fm�. �r. �� C01.1 ARGHITECTURAL SffE PIAN 1 ro� orrt� auxr saw�o o�r CO2 ENIARGED SRE PUN dc ELEVATION 1 !' �� CO3 E(SUIPMENT DETAILS 0 , � CO3 CONSTRUCi10N DEfA1LS 0 : r� (� �-me CA3.1 CONSTRUCTION DETAILS 0 �ucwr. cu�. u.c ,;� , COd ANTENNA DETNLS 0 � �, ' � � �� " �� arv oF FmmKawr � E07 ELECTRICAL, GRpUNDING PLAN k DETAILS 0 i' cum�r m�: nmo�xnv. ��ruoo) ,� �, d a�r �: aaun w000 unurc vac RROFRIETARY NOTE: � rAOros�o usc: aquo xoao unm rac s ioEOOwae+c��s ca�uQ+r iME PxORW7qN � N�MS 9ET OF OR� 6 PR�RIE7NN Bf �M1UE� AH! U# OR. PdOPER1Y� OWNER NIF WDOGIRILL NUCE LLC pSQ.OSIIRE O11iFR TINN� 11N7 MIYI�I AflA6 TO CIE�RWIRE SfANCE. B.5IPoCILY WIOM31fED. CONAY MMYf.E1Q7f 6ROIIP J 1 m�V W A. /1�DRC�M111�I�J� Y I IL.11 / CVI� IAV 1 J �10p� Q46MlE 101E 9W /1J0 COMACP. WA�71Wl5011 8 . PAWCEL /: 1321Q�f01 � � POWER COMPANY DRMNG DIRECTIONS: SITE QUALIFlCATION PARTICIPANTS [� � wcr., souro o�wr ----- � � (roe) ax�-�rw ---- PROPERIY IINE . TNff I-5 59UtH 70 E1IR �i/,i (S. 3201H 57k XFM� MRf ql J101H TO 21Sf AVE 9W;� iN� A NEYE �. � —x— m� u[ ��aim stsr � sa. sirt wu. e¢ toa�m ax to-�soe ov aam. ase x� pinee / �u+ � a�aw �eemt wasae (xasl no-�ess TELEPHONE COMPANY —�� s� ucx�a wxae vwooNS (�) 751 —OFIP— WEq7FM POWER (B00)�955-/972 _�_ � � PERIMIIrI@ CRN6�WLSON PNWtS (20E) 278-89M —IN�— UI�OINq POWF.R WNqlrt M all �er teMee� h�oundi� �fnnoAe& WNSIRUCIIOIk JW 6�SON WRSOHS�. (4�5)� E01-OBSt —ucr— u�n mm m�aur �,� wr�nuNC• m� at rr ��. 9�.. 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C�� s� ��a� �� s � ��- �� .� �� .$�� Ordinance No.10- Page 26 of 26 Rev 7/09 COUNCIL MEETING DATE: l��a�-4,�$i$ �'�i� �$ �'� � CITY OF F�DERAL WAY CITY COUNCIL AGENDA BILL Su�cT: Tacoma Public Utilities, Water Division - Franchise Amendment POLICY QUESTION Should City Council approve an amendment to the Tacoma Public Utilities, Water Division Franchise Agreement? COMNIITTEE Finance, Economic Development and Regional AfFairs Committee � TEGORY: Consent ❑ City Council Business � Ordinance ❑ Resolution ITEM #:_ J� MEETING DATE: Apri127, 2010 Public Hearing STAFF REPORT BY Marwan Salloum, P.E., Deputy Public Works Director��P'1'. Public Works Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated Apri127. Options Considered: 1. Approve the Ordinance amending the Tacoma Public Utilities, Water Division Franchise Agreement and forward to the full council for first reading at the May 4, 2010 City Council meeting. 2. Do not approve the Ordinance and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the May 4, 2010 Council Agenda for first reading. � yJa� ��.� _/�. h ��v � CITY MANAGER APPROVAL: I.J�� ' „, N�a IRECTOR APPROVAL: Committee ouncil � Committee Council PROPOSED COUNCIL MOTION: `� l� READING OF ORDINANCE (05/04 ): "I move to forrvard the ordinance to a second reading for enactment on the May 18, 2010 Council Consent agenda. " 2 °iD READING OF ORDINANCE (OS/18/2010) "I move approval of the Ordinance amending the Tacoma Public Utilities, Water Division Franchise. " (BELOW TO BE COMPLETED BY CITY CLERRS OFFICE) COUNCIL ACTION: � �� ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 resding �� • � �_ ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the May 4, 2010 Council CeHSere!-Agenda for first reading. CITY OF FEDERAL WAY MEMORANDUM DATE: Apri127, 2010 TO: Finance, Economic Development, and Regional Affairs Committee VIA: Brian Wilson, City Manager/Police Chief FROM: Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: City of Tacoma Department of Public Utilities, Water Division - Franchise Amendment BACKGROUND The City of Tacoma Department of Public Utility, Water Division (Tacoma Water) has an existing non- exclusive franchise (Ordinance # 99-34) for the purpose of installation, operation and repair of water systems located within their water service area in the City right-of-way through June 24, 2009. In 2009 the City approved an amendment to the existing Franchise (Ordinance 09-165) extending the term to June 24, 2010. The City Of Federal Way and Tacoma Water are currently seeking court direction regarding the terms of existing Franchise and desire to keep the terms of the existing Franchise in effect pending the outcome of the court's decision. Therefore the attached amendment to the existing Franchise has been drafted to incorporate the term extension. K:�FEDRAC�2010\04-27-10 Tacoma water Franchise Amend memo.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, AN EXTENSION TO ORDINANCE 99-344, AS AMENDED BY ORDINANCE 09-165, WHICH GRANTED A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Ordinance 99-344 granted City of Tacoma, dba Tacoma Public Utilities, ("Franchisee") a franchise to operate a water utility within the City of Federal way through June 24, 2009; and WHEREAS, Ordinance 09-165 granted a one year extension to Ordinance 99-344; and WHEREAS, the City and Franchisee are currently seeking court direction regarding the terms of Ordinance 99-344; and WHEREAS, the City and Franchisee desire to keep the terms of Ordinance 99-344 in effect pending the outcome of the court's decision; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Extension of Ordinance 99-344. Ordinance 99-344, as amended by Ordinance 09- 165, shall remain in effect until six (6) months after the resolution of the matter currently pending in King County Superior Court Cause No. 09-2-45435-3, unless terminated earlier by the mutual written consent of the City and Franchisee. Ordinance No. 10- Page 1 of 3 REV 4/10 Section 2. Acceptance bv Franchisee. Franchisee shall have no rights nor shall Franchisee be bound by the terms and conditions of this ordinance unless, prior to June 24, 2010, Franchisee files with the City its written acceptance of the terms and conditions of this ordinance. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the immediate support of eity government and is not subject to initiative or referendum. This ordinance shall take effect and be in force five (5) days from the time of its final passage, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No. 10- Page 2 of 3 REV 4/10 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. 10- Page 3 of 3 REV 4/10 COUNCIL MEETING DATE: �8�0 `�\1� _ ' _ _ _ __ __. �_��. �� _ __ ___ __ _ ___ _....... _l$,. �. _........ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to Federa! Way Revised Code (FWRC) Title 19, "Zoning and Development Code," related to the timing of payments for open space fee-in-lieu, regional stormwater facility fee-in-lieu and transportation impact fee. POLICY QUESTIONS: (1)Should the City codify its exisring open space fee-in-lieu collection policy and adopt a new policy providing the option to defer open space fee-in-lieu payments to a date later in the development process; (2) should the City amend its regulations to provide the option to pay transportation impact fees earlier in development process; and (3) should the city codify the administrarive policy of regional stormwater facility fee-in-lieu payment at final plat recording for residential land divisions and at building permit issuance for commercial and multi-family developments? COMMITTEE Land Use/Transportation Committee (LUTC) CATEGORY: � Consent � Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Matthew Herrera, Associate Planner Eshibits: Exhibit I- Draft Adoprion Ordinance; Exhibit II - Minutes for February 1, 2010, December 7, 2009, an� November 16, 2009 LUTC Meeting; E�chibit III - Abbreviated Packets for December 7, 2009, and November 16, 2009 LUTC Meeting; Exlubit N- Planning Commission Staff Report & Minutes for January 6, 2010, Public Hearing. Background: The proposed policy issue is part of the 2009 Planning Commission Work Program. The Planning Commission held two public hearings on October 7, 2009, and January 6, 2010 at which time staff presented the following three options for timing of collection of open space fee-in-lieu and regional stormwater fees: (a) Maintain the current collection policy of payment prior to plat recording for open space fee-in-lieu and engineering approval for regional stormwater facility fees; or (b) Defer one or both fees to Certificate of Occupancy; or (c) Defer one or both fees to point of sale. The Planning Commission recommended 5-0 on October 7, 2009, and 7-0 on January 6, 2010, to (a) maintain the current collection policy (Exhibit III page 19 and Extubit N page 4). The LUTC held three public meetings on November 16, 2009, December 7, 2009, and February 1, 2010, to discuss the proposed amendment. During the November 16th meeting, the committee heard public testimony from Sam Pace of the Association of King County Realtors supporting the deferment of the regional stormwater facility fee. 'The committee requested written comments from Mr. Pace and Garrett Huffman of the Master Builders Association to be presented at the following LUTC meeting. Staffpresented the written comments (Exhibit III pages 26 through 29) to LUTC for the December 7th meeting and heard additional verbal testimony frorn Mr. Pace. The committee referred the item back to Planning Comxnission for further proceedings. During the February 1, 2010, LUTC meeting, the committee instructed staff, Mr. Huffman and Mr. Pace to schedule a conference to further discuss the issue. Options Considered: 1) Adopt the Planning Comxnission's recommendation; 2) Adopt the Planning Commission's recommendarion as modified by the LUTC as contained in_the Draft Ado�tion �Exhibit I_); or 3� Do not adopt the_�ro�osed amendments. PLANNING COMMISSIOIV RECOMMENDATION Oprion #1; maintain the current collecrion policy for open space and stormwater fees. STAFF RECOMMENDATION Option #2; adopt the Planning Comtnission's recommendation, as modified by the LUTC, as contained in the Draft Adoption Ordinance (Exhibit I) � � �, MEETING DATE April 19 , 201 O ❑ Public Hearing ❑ Other DEPT Community Development Services la",�„" C1TY MANAGER APPROVAL: I� ��I M�� IRECTOR APPROVAL: Committee Council to � Cll >ATION Forward Oprion 4, 2Q10, for fust reading, Commission's Dini Duclos. Chair Member as modified by the LUTC, Member PROPOSED COUNCIL MO'CION(S): // �./ `� I READING OF ORDINANCE (S/4/lO�: "I mov�� forward the ordinance to a second reading for enactment on the May 18, 2010, consentagenda." 2 READING OF ORDINANCE (5/18/1 O) "1 move approvad of the LUTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " Continued on following page: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERREDlNO ACTION ❑ MOVED TO SECOND READINC (orctinances only) REVISED — 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUT[ON # � �� S' .� ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to fee payments; amending FWRC 19.91.060; FWRC 19.100.030; FWRC 19.100.060; and adding new section FWRC 19.100.070. (Amending Ordinance Nos. 90-39 and 09-627) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FVVRC; and WHEREAS, the existing methods of mitigation ordinance does not address the current administrative policy for the timing of open space fee-in-lieu and regional stormwater facility fee within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to codify the current administrative policy of payment prior to plat recording for open space fee-in-lieu and adopting a new optional deferment policy that allows applicants to defer fee payment until sale of the constructed home or five years from the deferment of the fee, whichever is earlier; and WHEREAS, it is in the public interest for the City Council to codify the existing administrative policy and require payment of the regional stormwater facility fee prior to final plat for residential land divisions and prior to building permit issuance for commercial and multi- family development; and OrcYinance No. 10- Page 1 of 9 Rev 1/10 LU WHEREAS, it is in the public interest for the City Council to allow applicants to pay the transportation impact fee prior to plat recording for all newly created lots as an alternative to building permit issuance ar point of sale of the constructed home; and WHEREAS, it is in the public interest for the City Council to add a new section to the Mitigation of Impacts Chapter of FWRC Title 19 to include the timing of open space fee-in-lieu, regional stormwater facility fee and transportation impact fee; and WHEREAS, it is in the public interest for the open space deferment policy that will be codified as FWRC 19.100.070(1)(b) to sunset five years following the effective date of this ordinance; and WHEREAS, an Environmental Threshold Determination was not necessary as the code amendments are related solely to governmental procedures, therefore categorically exempt from the State Environmental Policy Act; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 4, 2009, and January 6, 2010, and forwarded a recommendation of approval to codify the existing practice to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on November 16, 2009, December 7, 2009, February l, 2010, and April 19 2010, and recommended adoption of the text amendments as recommended by the Planning Commission with further modifications as follows: (1) open space fee-in-lieu may be deferred at the applicant's discretion; (2) regional stormwater facility fee shall be paid prior to final plat recording for residential land divisions; (3) for residential land divisions the transportation impact fee shall be paid prior to plat recording or deferred, via covenant, to point Ordinance No. 10- Page 2 of 9 Rev 1 / 10 LU of sale of the constructed home; and (4) adding FWRC section 19.100.070 to consolidate timing of fee payments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. FindinQs. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing additional timing options for applicants to pay development costs without sacrificing the level of service to existing residents of the City. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: Ordinance No. 10- Page 3 of 9 Rev 1/10 LU (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. CFP1 — Provide needed public facilities and services to implement the Federal Way Comprehensive Plan. CFP6 — Protect investments in existing facilities through an appropriate level of maintenance and operation funding. CFP13 — Provide the capital facilities needed to serve the future growth anticipated by the Federal Way Comprehensive Plan. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it provides assurance that fees owed to the city will be paid via covenant or lien filed against the property. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it will provide an economic incentive for developers to invest within the City without sacrificing current levels of service to the City's roads, open spaces and regional stormwater facilities. Section 3. FWRC 19.91.060 is hereby amended to read as follows: A. The City shall collect impact fees, based on the land use categories and rates on the current Fee Schedule, from any applicant seeking development permits or plat approval from the City where such development activity requires the recording of a residential subdivision, issuance of a building permit or approval for a change in use, except for development exempt under FWRC 19.91.080. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system improvements as well as a change in existing use that creates a demand for additional system improvements. The public works department is Ordinance Na 10- Page 4 of 9 Rev 1/10 LU authorized to determine the appropriate land use category found in the rate schedule applies to the application. B. All impact fees shall be due and payable pursuant to the �uidelines established in FWRC 19 100 070(3) _ � - ��., ,. •,a• •. � ��, �;.....o „��o,..,,;* �r....,,.,.,� ��,o �oo �,.�.oa,,,o � . , ��}� � n � � a •+�, �-�• i..o ,,,a; V �� o �* ��,..» i.e.. :a �,. � u11K ►1 J u 7�;�� f . . ) . f C. The public works department shall establish the traffic impact fee rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the City for purposes of determining the impact fee rate pursuant to FWRC 19.91.070. D. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building that generate additional trips, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate of the current use. E. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the traffic impact fee rates set forth in the fee schedule. F. The Department of Community Development Services �ey� shall not record a residential plat or issue the required building permit until a covenant has been recorded pursuant to FWRC 19.100.070(3�(b), or the traffic impact fees set forth in the fee schedule have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. For a change in use where a building permit is not required, the applicant shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee has been paid. Section 4. FWRC 19.100.030 is hereby amended to read as follows: Before any development is given the required approval official or body charged with deciding whether such approval direct impacts, if any, that are a consequence of the proposed mitigation, considering, but not limited to, the following factors: (1) Predevelopment versus postdevelopment need for sewers, water supplies, drainage and stortnwater detention Ordinance No. 10- or is permitted to proceed, the should be given shall determine development and which require services such as city streets, facilities, parks, playgrounds, Page S of 9 Rev 1 / 10 LU recreational facilities, schools, police services, fire services and other municipal facilities or services; (2) Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development; (3) Size, number, condition and proximity of existing facilities to be affected by the proposed development; (4) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development; (5) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; (6) Any significant adverse envirorunental impacts of the proposed development identified in the process of complying with the environmental policy, FWRC Title 14, or the State Environmental Policy Act, RCW 43.21C.010 et seq.; (7) Consistency with the city's comprehensive plan and any of its subparts; (8) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development; (9) Appropriateness of financing necessary capital improvements by means of local improvement districts; (10) Whether the designated capital improvement furthers the public health, safety or general welfare; and (11) Any other facts deemed by the city to be relevant. Section 5. FWRC 19.100.060 is hereby amended to read as follows: (1) The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off-site improvements, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts. (2) In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the city may approve a voluntary payment agreement with the developer, provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions: (a) The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact. (b) The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact. (c) The payment shall be expended in all cases within �_•° -�°�� ^^"°^+;"" applicable time limitations of RCW Chapter 82.02, unless otherwise agreed to by the developer. (d) Unless the propertv owner elects to defer pavments authorized in FWRC 19.100.070(1Lb) or 19.100.070(3�), �any payment not expended within �-•° �� ^£ ^�'�n applicable time limitations shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at the Ordinance No. 10- Page 6 of 9 Rev 1/10 LU time of refund. If the payment is not expended within �i�ve�ea�s the a�plicable time limitations due to delay attributable to the developer, the payment shall be refunded without interest. (e) Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for specified period of time in the interest of providing the designated capital improvement or other capital improvement or program identified by the property owner, and acceptable to the city. ( fl The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners. �3� -r�, a , ,• � t, � z � �;o ,.� ..o o .,�:� ,.� .,�, � ..]� + .,1„0 ,..o,. � e F „� .,� �;,..,;1.,,-l�, �;t,�.��o.a ,. «o,-t.. .. t ,: � . Section 6. Chapter 19.100 of the Federal Way Revised Code is hereby amended to add a new section Timing of fee payments to read as follows: 19.100.070 Timing of fee pavments Various sections of the Federal Wav Revised Code (FWRCI require pavment of fees to miti�ate direct impacts of the development approval Notwithstandin� those fees eli�ible for deferment �ursuant to 19 100 070(1)(b) and 19 100 070(3�(b) the followin� describes when such fees shall be calculated and paid. �1) Open space ee-in-lieu �a) A fee-in-lieu of open space maYbe made to satisfy open space reQuirements at the discretion of the parks director and shall be calculated andpaid at the time of plat recordin� for residential land divisions The fee shall be calculated based upon the sQUare foota�e of open �ace which otherwise would have been reyuired to beprovided multiplied bv the subiect property's assessed or appraised value. (b) For those residential land divisions vested prior to Ju1�2 2015 open space fee-in-lieu mav be deferred but shall be paid no later than the closin� of sale of each individual house or five years from deferment of the fee whichever is earlier. Covenants prepared bv the citv shall be recorded at the applicant's expense on each lot at the time of plat recordin� to enforce p avment of deferred fees The fee shall be calculated at the time of plat recordinQ and divided eq ually amon� all newly created lots The fee shall be calculated based upon the sQUare footage of open space which otherwise would have been required to be provided multiplied bv the subject propertv's assessed or appraised value As consideration for the abilitv to defer open space fee-in-lieu pavments bevond plat recordin� the applicant a�rees to waive the ri�ht to interest and/or a refund if �avment is not expended within five years of collection. j2) Regional stormwater facilitv fee-in-lieu Developments mav be able to utilize stormwater detention in one of the citv's re�ional stormwater facilities based on an area fee-in-lieu established by the City. Fees are used for Ordinance No. 10- Page 7 of 9 Rev 1/10 LU construction cost recovery and shall be paid at the time of plat recordin� for residential land divisions and �rior to building permit issuance for commercial and multi-familv developments. (3) Transportation impact ee Unless the use of an independent fee calculation has been approved, or unless a development a�,reement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated and paid per the following_ �a) For residential land divisions fees shall be calculated and paid at the time of plat recording. For un-platted sin�le-family residential lots, commercial and multi-family developments fees shall be calculated based on the impact fee schedule in effect at the time a completed buildin� permit a�plication is filed and paid prior to permit issuance. For a change in use for which no building�ermit is required the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. �b) For residential land divisions and un-nlatted sin�le-family residential lots, the transportation impact fee may be deferred but shall be paid no later than the closing of sale of each individual house Covenants prepared by the city to enforce pavment of the deferred fees shall be recorded at the applicant's expense on each lot at the time o�lat recording for residential land divisions and prior to buildin� permit issuance for un_platted single-familv residential lots. The fee shall be calculated based on the im�act fee schedule in effect on the date of pavment of the impact fee. Section 7. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 10- Page 8 of 9 Rev 1/10 LU Section 10. Effective Date. This ordinance shall take effect July 2, 2010 as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR 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. 10- Page 9 of 9 Rev 1/10 LU Exhibit II LUTC Meeting Minutes Feb�uary 1, 2010, December 7, 2009, and November 16, 2009 City of Federal Way City Council Land Use/Transportation Committee February 1, 2010 5:30 PM City Hall City Council Chambers MEETING SUMMARY Comrnittee Members in Attendance: Committee Chair Dini Duclos and Committee Members 7im Ferrell and Jack Dovey present. Council Members in Attendance: Mayor Linda Kochmar Staff Members in Attendance: Director of Parks, Pubiic Works and Emergency Management Cary Rce, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Director of Community Development Services Greg Fewins, Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Associate Planner David Lee, Associate Planner Matt Herrera, City Attorney Patricia Richardson, Surface Water Manager Will Appleton, Street Systems Project Engineer John Mulkey, ESA & NPDES Coordinator Hollie Shilley and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Duclos called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT There was no public comment: 3. BUSINESS ITEMS Forward Topic TiUe/Description to Council A. Approval of the January 4, 2010 LUTC Minutes Cornmittee approved January 4, 20i0 I:tiTC minutes as presented. Moved: I'errell Seconderi: Dor•ey Passed: Unan�mous�y, 3-0 N/A B. Proposed Deferment of Open Space Fee-in-lieu and Regional Stormwater Facility Fee TBD Matt Herrera presented information on this item. Committee Member Ferrell asked if Planning Commission gave any reason as to why they did not concur with the recommendations of Sam Pace and Garret Huffman. Mr. Herrera responded that the Planning Commission's main basis for their recommendation was that these are optional. Developers have an option to make improvements themselves in lieu of paying a fee. Mr. Appleton presented an illustration of the three basins that support the remaining undeveloped, developable land in response to Committee Member povey's inquiry as to how many parcels could be affected by these fees. Mr. Appleton also explained that currendy, developers would pay a stormwater facility fee as they receive engineering approval for the plat ("preliminary plat approval"). Mr. Appleton also noted that if State standards were to change (ie. NPDES permit), there would be no advantage to paying stormwater facility fees. The following public comment was received: Sam Pace, Seattle/King County Association of Realtors — Mr. Pace wanted to note four items: EXHIBIT �--- PAGE_!___0� �� -- Land Use/Transportation Committee - There are beneftts to both ctevelopers and thc� City nv defaying the co(lection of impnct fees to the point of sale. - There are no environmental ydsks associated with the proposed delay of collection of impact fees as all the stormwater facilities are i�t pince. - There were parties that woulcl have liked lo uneiid the Plars��ing Coinmission's Ja�euary 6, 2010 public hearing, but either didn't receivc �aotice of the meeting or found out about it at the last minute. - Referencing the stonnwater facility fee beirrg optional.... Due to current financial constraint on developers, improving t/ie site is not an option. Garrett Huffman, Master Builders Associatio►r of King and Snohomish Counties — Mr. Huffman wanted to make the Committee nware that the development industry is faeing diffieult lending times. Banks are not financin� for impaet and mitigation fees. This has forced developers to look for other ways to pc�y fees. Mr. Huffman supports and encoi�rnges the Committee to consider looking at nll fees nnd giving the developer the option to defer fees to closing of sale. Mr. Huffmnn offered his services to help the City draft some options for consideration. 1, 2010 Committee Member povey asked if in this recommendation there is a contingency plan in place so that the City collects the fees regazdless of wheiher or not the lots/homes aze sold. Mr. Huffman repiied that a contingency plan could be worked out. Mr. Huffman encouraged the Committee to table this topic until six months to one year from now, giving time for all fees that the developer pays to be reevaluated and hopefully deferred back to the point of sale. Chair Duclos commented that she would like to learn more about why fees at closing did not work for Pierce County. Director Fewins noted that there is currently nothing in the 2010 work program that wouid address the fees collectively. The open space fee-in-lieu and the stormwater facilities fees are the last of the fees to be reevaluated. Also, there are currently no new development projects that would influence Council to make a decision on this right away. Dave Main, President of the Master Builders Assoeiation — Mr. Main pointed out what the City will lose if developers choose not to develop in our City. Mr. Main supports fees to be paid at closing and suggested a lien on the title to be disclosed to purchaser with fees collected at closing of sale or within 24 months of certificate of oecupancy, whichever happens first. Fees will be built into a ho�ne's purchase price. Mayor Kochmar comme�ted that she is not sure if Council intends considering a change in collection of fees for an indefinite period. Council will want to reevaluate collection of fees again as the economy improves. Duana Ko'lovskova, Legal Councid for Master Builders Association — Ms. Kolovskova requested that stafj` work with developers to find a way for the City to collect their fees and developers to be able to afford their projects. Ms. Kolovskova presented a sampde covenant in use by another agency that had been tailored to Federal Way for evaluarion. In regard to collection of fees at time of closing, Ms. Kolovskova felt that the situation with Pierce Co. is di,�`'erent and would not apply to Federal Way. Chair Duclos asked staff to set up a committee of staff and developers, to reevaluate fees and the collection of them, and to return to LUTC in approximately six months for a study session and to finalize a committee recommendation. Mr. Huffman retumed to the podium to request that LUTC act upon this sooner than six months, suggesting as soon as two weeks from now. Committee directed staff to meet with individuals associuted with land development and return tc► LUTC within the nest two months fc>r a study session to work out the specifics regarding this topic. 1Vloved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 G:U.UTCILUTC AgenJas and Summazies 2A1012-01-10 Minnes.Aoc EXHIBIT �-- PAGE.�_OF= Land l'.elTransportation Committee C. Amendment to the FWRC to Expand the Size of Health Ciubs in the BN Zone D. NPDES Requirements: SWMP and Annual Report Wil] Appleton introduced Hollie Shilley who presented i�formation on this item. There was no public comment. Ms. Shilley shared that there were 44 IDDE cases in 2009, the majority consisting of automotive discharge, construction waste, restaurant grease, and leaking dumpsters. Dan Smith, Water Quality Coordinator, runs the City's IDDE program and is involved with investigations and citations. There is a trigger or threshold for the state Dept. of Ecology to get involved. There is also an interagency compliance task force for large spills. David Lee presented information on this item: There was no public comment. Mr. Lee noted that all BN zones wili be evaluated in 201U as part of the 2010 Work Plan. Cc�mmittee forwarded Option #1, adapt the Plunning C:ommission's recommendation as presented. t�loved: Duvey Secunded: Ferrell I'assed: Unanimously, 3-0 i, aoio 2/16/20] 0 Ordinance 1 Reading 2/16/2010 Consent Mr. Appleton clarified that stormwater sewer system does not combine any sanitary sewer system with stormwater. The stormwater sewer system only contains surface water. E. C�mmittee forwarded Option #1 as presented. iY1ceF ed: Ferreli Seconded: DoYey P�ssed: Unanirnously, 3-0 2009 Easter Lake Flood control Project — Project Acceptance and Retainage Release 2/16/2010 Consent F. G. H. Will Appleton presented information on this item. There was no public comment or discussion. Cc►mmittee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferreil Passed: Unanimously, 3-0 Ordinance for the Relinquishment of a Portion of S 320�' St to the State of Washington 2/16/2010 John Mulkey presented information on this item. There was no public comment or discussion. Ordinance 1 Reading C.ommittee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 S 348`" St at 1'` Ave S— LUD Design Construction Interlocal Agreement 2/16/2010 Consent John Mulkey presented information on this item. There was no public comment or discussion. Committee #orwarded Option #1 as presented. �loved: Dovey Seconded: Ferrell S 348` St at 1�` Ave S— PSE Gas Letter of Understanding Passed: LJnanimously, 3-0 2/i6/2010 Consent John Mulkey presented information on this item. There was no public comment. C:r�mmittee forwarded Option #1 as presented. 19oved: �'erreil Seconded: Dovey F'�ssecl: Unanimously, 3-0 G:1LlJiC1LUTC AgenJa� and Summaries 7A1012A1-10 Minutes.�oc EXHIBIT �� PAGE__� ._0�� Land Use/Transportation Committee Page 4 February l, 2010 4. OTHER Direcror Roe addressed the committee, requesting the full Council attend the 2122/2U I 0 LUTC meeting for a Transportation Level of Service study session. 5. FUTURE NIF.ETING Due to the upcomi�g holiday, the February 15, 2010 LUTC will be cancelled. The next regular LUTC meeting will be Monday, February 22, 2010 at 5:30 PM in City Council Chambers. 6. ADJOURN The meeting adjourned at 6:45 PM. Attest: Dazlene LeMaster, Administrative Assistant II COMMITTEE APPROVAL: Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member G:H.UTCILUTC Agerdas anJ :w.mmaries ZOIU2-01-10 Minutes.doc EXHI#BIT �- PACE_.`� ._0��. City of Federai Way City Councii Land Use/Transportation Committee Ciry Nall December 7, 2009 City Council Cl�ambers 5:3U PM ` MEETtNG SUMMARY Committee Members io Atteadaace: Committee Chair Linda Kochmar and Commu�e Memb�s rua Fetrd! attd Dini O�ios present- . Conacit Memben ia Attendauce: Councitmember Jeanne Bucb+dge Stait Members ia Atteadaece: Directoc of Parks, Publ'ec Works and Emergency Maoagem�� C��Y ROe• �i�O� of Community Oevclopment Services Greg Eewins. Deputy Public Wortcs Direetor Marwan Sal�aun. A�sistan� City Attorney peter Beekwith, SurFace Water Manager Wi(1 Appleton, Planning Manager [saac Coalen. Senioc Plannec MarS'aret Cta�C. Associate Planner Mat� Hecceca, Ciry Traffic Engineer Rick Perez, Street Syste[ns ProJecc EAS►�ec B�► R°��' Street Systems project Engineer John Mulkey and Administrative Assistant t[ Darlene L-eMaster- i. CAGL TO ORDER Committee Chaic Kochmar ca�i�i the mzeting to order at �_30 PN+f_ 2. PUBG[C COMMENT 't7tece was oc�e peibtic comtnent: Nanc)' Com6s. Federal Way —�fs Coinbs spoke again. advocating Jfo�' a Iour-way stop at SW 304 Street and 2P` Avenue SfY. commenting that she felt cu rhough stafJ` hasn't done anvthing regarding this continue�d re4+�est. � Ms. Combs also handed out pietures ojeach coraer of the subject intersection to the Commiuee_ At Committ� Member Ductos's �eques� staE� addressed the Committee, statin� that action on this item t+as been taken- Stat� h�s ��Y gatheced results from tcaE'Fic counters and is in the p�ocess of comparing the data fcom the lra� � LO �� gatheced from redac surveiltance. Staff wili return to LtfCC once they have intecpceted ail data and w�� reP°rt their 6ncling and any recommendation, if warrantecL 3. BUS[NESS [TEMS F - to Cenac� 'f ie T ' tioe ►;� B. � App�ava! of the November 2, 2009. LU1'C Mioutes Committee approved November l6, 3009 LUtC miaates u presentcd• . Moved: Duclos Secoaded: Eerref! Passed: Uaaaimously, 3-0 ZA'� Ptace SW Ea�ergency Slide Repair — Project Acceptsace sad Retsie�e Release Jotu� Mulkey presented inEocmation on this itecn. The�e was �w P�� ° The Committee thanked stafF Eor worlcing to bring this project in under d� apQroved 1wc18u- Committee forwarded Opfwa f�t as presented. Moved: Ferrell Secoaded: Duclos 2010 Street Sweeping Services Coatract — Bid Awa�d N!A 1J1512009 Ca�sa�t �visrzoa� Consa�t - Macwan Sa(ioum prese�ted infc�nnatwn on this item. There was no pubiic commenG Mr. ^ Saltoum noted that the emergency eatl ast pciee vacied among the biddets: therefore, t�„�� c_v.urcu.��c w� �as..�;� ��_o�ao M-�-m� 2 � � PA��.�,._t�r � Passed: Ueaaimously, 3-� i_and Useli'�anspo�tation Committee Page 3 December 7. 2009 reduc;tion of emergrncy call out hours to meet the aiginat budgeted amount was dependent on the price per call vut from the respective bidder. Cewmittee forwarded Option !�1 u presented. Moved: Duebs Seconded: Fecreli Passed: Uaanimonsly, 3-0 D. Pacific Hig4way Sout6 HOV Lanes Phase IV — PSE Gas J�iet Coastnctioe Agreea�eut . iZJI513�09 Brian Roberts presented information on this item. There was no public comment Mr. Consent Robats aoted that the insurance ��ua�emeat � dtie contract applie' to both the con�actor and a!1 sub-cattcactocs/utilities doing work associated with the pcojoct. Coaimitiee farwardeQ Option #1 u preseoted. . Moved: Ducios Seconded: F'errcil Pused: Uaaeia�oasty, 3-0 � f� G. !'aafK fTigbway South HOV Lanrs Phsse iV — C�cast Jaot Ca�strvctio� Letter of U��erstan�iug Bri�t ttober�s p�esented inforznadon on this ite�n. Ttxre was no public canment or discussioa Committ� focwarded Option #t as preseated. Moved: Ferretl Seconded: Declos Passed: U�aaiasaasly, 3-0 P�epesed De[erment ot Opeo Space Fee-ia-[aeu aad Regtoas! StormwAter Fac�ity Fee Mau Herraa pceseated information on ihis item. There was one public commenC Sam Pac�. Association of Reattors — Mr_ Pace poarted otit the beneftts to lhe City by dejaring the Storm►vuter Facility Fee tv the point of sal� Committee Member Duclos stated that she felt a sense of confusion oa the Pianaing Commission's recommendation and b�c:ause of thar, would pec�nalty (ike to refer the item back to the Planning Commission fo� fu�ther ctar+fication. Comcnittee Me�nbec Duclos sNated that ihe goai is for the City to have a favncable reputation when it cflmes to deve�opment Developers shoutd have a good r�elationship with staff and the petmittit�g aad fees pcnces.c- Shoald any other fees need to be reevatuated, Comm.iuee Manber Duclos su��sted bring� focth. alt f� modificatio�s in one paclage. Chair Koel�mar and Commiaee Mea►ber Peaelt c�neucred with Commiuee Mecnber Duclos's conceras. Coe�mittee tabled this item, returoin� it ta Piaawiog Comtnissiea for turtder discnssior. Ns motion was aecessary. iaterlocal Agreement wit6 Kiag Couaty fo� Rs�pidRide [mpka�esbtioa. Rick Pertz presrnted information on this item. There was no public comment David Cantey from King County Metro w�as atso present Eo answer qu�tions ftaom dte Cotnmittee. Mr. Perez stated the goal of the program is to uttimately provide a g�ct signal W app�ching RapidRide busses the majority of the time. The key wil! be inexeas+ng the probab�lity of a S� �8� without throwing the rest of the signat 000ndic�ion out of sync. RadidRide busces will cun at teast every 1 i minutes and every 10 minutes duriag peak times. This project will replace Route l 74 which cumEntty nins every 30 min�es. Ret��ed 60 PE�ning Commission l2/152009 Coasent There was brief disaission conceming safety as Federal Way being die end of du line fo�.,�� "' ciders traveling Route t 74 and there is aLso some rxeat hiscory at the Federal Way Tcan� -�-�� ` a�t.umtv�c�yaa.:,.i��oo:�so�.ovua.�-.aa 3 PQ�� v ��i � [_and iJst+Trensportation Committee Page 3 �� • �� Center_ Overap, the Canmittee was very excited about the RapidRide route coming to Fedecat Way. [t w�ilt ceaily hclp the Eodera! Way community be better co�nected and abk to use LiNK. Mr. Cantey said Ehat this route slzould be up and w�ting in the fall of Z010. King Counry Metco wiU be doing pubtic outreach to edacate Ehe public on this upcoming service. Ceaamittee forwgrded Optiaa qt as presedted. Moved: Decbs Secoaded: Ferrdt Passed: Uoaaimonsiy, 3-0 H. Rectasgnlar Rapid Flas�iag Beacoa oa S 324'� Street (Belmor Park) Rick Perez prcsented infocmation on this it�. T'here was no public oomment Mr_ Perez added that d�ere wiil atso be a cost savings ut'elizatg Kiag Connty to purchase and '+nstalt fl►e equipment Committee Member Duclos asked if this applicati�m would be appmpriate for the Mcation of SW 304'" St and 21 Ave SW_ Mr. Perez answeced that this application had not been consideced for ihis location (intersectioa) as it i� Cypicaily used for a wider street, for a school croa-sing or a ma}orcorridor. Committee forw�rded Option #! as p�eated. Nloved: Ferrell Seconded: Duclos 4. OTHER There was no further discussion or a�itionat topics a�ressed. Passed: Unanimousty.3-0 l2/l5l2009 Coasa+t 5. FUTURE 14tEET[lYG The next regular LUTC meeting witt be Mondsy, Deeember 2i, Z009, at 5:30 PM in City Council Chambexs. 6. ADJOURN The meeting adjoumed at 6_3� PM. Attest COMMiTTEE APPROVAL: Linda Kochmar, Chair c:�cunci�nr a,�a��r s..�k, �oea��ol8o as� Darlene LeMasta, Administrative Assistant t[ rm Farell, Member � Dini Ductos, Member �� PAG��._�� 1� f City of Federal Way City Councit Land Use/'i'ransportation Committee November 16, 2Q09 5:30 PM City Halt City Council Chambers �IEETING SUMMARY Committee Members in Attendance: Comcnittee Chair Linda Koctunar aad Committ� Members Jim Eerrell and Diui Duclos present Couacil TVlembers in Attendance: Council�mber Jeanne Burbidge Staff Members in Attendance: Director of Community Development Services Greg Fewins, Deputy Public Works Director Martivan Salloum, Assistant Ciry Attomey Peter Beckvvitfi, Deputy Public Works Director Ken Miller, Surface Water Manager Wiit Appletoa, Ptanning Manager isaac Conleq Senior Planner Margaret Ctark, Associate Planner Matt Herrera, Street Systems Project Manager Brian Roberts and Administra.tive Assistant II Dartene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar cailed the meeting to order at �:30 PM �. PUBLIC COiVIl4�NT There was no public comment. 3. BUSINESS ITEMS Fonvard Topic Title/Description to Council A. B. C. Approval of the Yovember ?, Z009, LUTC ivtinutes Committee appravecl ��vember ?, 2Q09 LUTC minutes as presented. 11rloved: Duclos Seconded: Ferretl Passed: Unanimauslv, 3-0 Pacific Highway S AOV Phase IV — Qwest Joint Construction Agreement Brian Roberts presented information on this item There was no public comment or discussion. Mr. Roberts noted that the RCW that allows for the utility reimbursement has been law for a very long time. Committee forwarded Optivn #i as presented. i1�Ioved: Ferreti Seconde�i: Daclos Passecl: Unanimousl�, 3-0 Paci6c Highway S HOV Phase IV - i00°/. Design and Authorization to Bid Brian Roberts presented information on this item There was no public comment Committee Member Duclos asked about the ramifications of having the condemnation process delayed. Mr_ Roberts stated that if the condemaation pcocess is held up, it could delay the advertisement date of the project As far as impacts to project costs, Deputy PW Director Salioum stated that costs may be impacted if the project advertisement has to compete with other projects being bid in the spring_ That may cesult in a higher bidding climate. Committee forwarded Option �i as pcesented. Moved: Duetos Seconded: Ferrell N/A 12/1/2009 Consent 12/ U20Q9 Consent Passed: Unaniinonslr, 3-0 �� PA�E..�.�� ? . te,�oo9 caaeA�a�v� Fa roea orc.oa«tia,�ermm;ng ca�.,,isa�, �.�6-o9-Mi�ta.aa Land Use�Transportation Committee page 2 November t 6, 2009 D. Oa-Cal! Vactor and Jet Rodding Services — Contract Estension ivii?oo9 co�� E. F. Wil1 Appletou pc+esented information on this item There was no pubtic comment or discussion, Committee forwarded �ption #1 as presented. bloved: Duclos Seconded: Ferrell Passed: Uaanimously, 3-0 Proposed Defermeat of Open Space Fee-in-Lieu and Regioaat Stormwater Faei4ty Fee Matt Hecrera pc�sented infocmarion on this item There was one public comcn�ent: Sam f'arc� Association of Realtors — Mr. Pace invited the co�nmiuee to look at this issue from the standpoint of leading t/ie community and developers out of the e,cononeic recession. Mr Pace supports Option #1 on Open Space Fee-in-Lieu, but requestr that Council considers deferring the Regionat Stormwater Facility Fee to the point of cerlifrcate of'occupancy. Mr_ Pace feels that dej'ernepet of SWM jees meets the developer on middle ground and does not cost the developer so much money at the front end of a project. Committee Member Du,ctos ask� for clarification She believed that'staff forwarded the Planning Commission's recommendation of retaining and codifying the City's present process of collec6ng for open space fee-in-lieu prior to plat recording and regio�l stormwater facifity fees prior to engineering appcnvai. R�ir. Hetrera confirmed this to be correct Chair Kochmar asked what the average fee-in-lieu was for a new home. Depury PW Directoc Miller stated I�at it is hard to approximate an average Eee—in-lieu; but that it was important to note that the deveioper always has a choice; they can pay to make their own improve�nts or the can pay the fce for the City's option. The City's option is a savings for the devetoper. "There a+as �re discussion back and forth between the committee atembers, staff and Mr. Pace on the various options for collecting the regional stormwater facility fee.s. Although the Plaoning Commission had the support for their recommeada4ion &om the Master Builders Assaciatioq ttuere was no one to speak on their behalf at the LUTC meeting. Committee member Ferreti moved to defer t6is topic to the December 7, 2009 LUTC meeting. �'Io�ed: Ferrett Seconded: Duclos Passed: Unanimous[y, 3-0 Code Amendment Retating to the Size o[ Heaith Clubs in the Neighborhood Business Zone; Update on the 2009 Planniag Commissiou Work Program Margaret Clark p�esented information on this item There was uo pubtic comment Coaunittee Member Duclos aslced if this task is added to the 2009 workload, how long will it be until it coabes bacg to the Comurittee and Council for adoption? Ms. Clark respon�ded that SEPA is to be issued on 12/S and that it will take approximately taro and one half months before seeing dus item back at Council for adoption. Mr. Fewios added ti�at 24 fionr Fitness supporls this add� work program c+e�uest aad is in favor of seeing it adopted as soon as possib(e. Ms. Clark handed out copy of November 2, 2009 support letter from 24 Hour Fituess. Deferced Back to LUTC 1 �/2009 12/ U2009 Consent Committee forwarded Option tkl as presented. i�toved: Duclas Secoaded: Ferreq Passed: Unanimously, 3-0 EXHIB�T � ��,��„�_��M�.� PAGE..��4� 1� Land (,rse/Transportation Committee Page � Novembe� t6, 2009 Cta H. Request for Direction to :�pply for a GI�La Update Grant from the Departmeat of Commerce Margaret Ciark presented infocmation oa this itec� There was no public comment or discussioa Committee forwarded Option �1 as preseated. i�+[oved: Ferrelt Seconded: Duclos 2009 Code Compliauce Program Update Passed: Unanimously, 3-0 Gce� Fewins presented information ou tfiis item Codz enforcement staff was commended fac ail of their hard work and ontstanding service. Committee member Ductos suggested hoiding iraining for placement of signs for poiiticai candidates. Sraff is akeady worldng oa d�is. �io motion K-as necessacy. [tem was for information onty. 4. OTHER "Iliere was no £udher discussiou or addi6ional fopics addcessed. �vii?oo� Coasent N/A Information Only 5. FUITIRE 1�ETIIYG The next r��ulaz LUTC meeting will be Munday, December 7, 2009, at 5:30 P�t in City Councit Chambers. 6. AllJOURN The meeting adjoumed at 6:�0 PM. Attest: COMMITTEE APPROV_�[.: Linda Kochmar, Chair !im Ferreli, btember Dariene L��riaster, Administrative Assistant II Dini Duclos, Member �� w�� R:tmov cade A.ucn�u�a�au.ryau Fa eaa ofco�eaa.lMm� c«�sioa» �-�6 ov-Miama x� Exhibit III LUTC Meeting Packets December 7, 2009, and November 16, 2009 t;vuiv�:t i vtG�, t uv li� t G: liecemoer i, .uvy <<�� ff: C[TY OF FEDER�IL WAY CTTY COiJYCQ. AGEYD4 BQ.L SUBlECT: Additiou of code language to Federat Way Revised Code (FVVRG7 Tide l9, "Zoning and Developmeat Code," reiated to the timing of collection of open space fee-in-tieu and regional stormwater facility fee payments. POLiCY QUFSTIUN: Should the City adopt a policy to defer the payments of open space fee-in-tieu and re�iona! stormwater faciiity f� to a tiu�e a later in the deve(opc�nt process, or should fhe ciry maintain its current policy of cotlection of open space fee- i�lieu prior to plat recording and cotlection of regioaal stonnwater fees prior to engineering approwat? Further, shou[d the City add Language to FWRC Chapter l9_ 1lHl, "Mitigation of Deve(opment [mpacts" to cadify the existing policy, if this oQaon is ch,osen? Con�urrEE: Land Use/Traospoctatioa Committee (LUTC) CA�rec�tY: ❑ Caaseat [l�t � � ��,� ❑ C'Uy Council Business ❑ Resotu6oa S`r�+RF R��[rr BY: Matthew F[erreca, Associate Plan�ter MEET4YG D.�TE Novembec ib, ?009 ❑ Public Hearing ❑ Other DEe'[': Comuwaity Deve(opc�enc Senrices Eziu�ifs: 1) Plaoning Commission staff repo�t far the November 4, 2009 public hearing with Exhibits A-C; 2) Modification of ameudments trased oa Planning Commission's recommendation shown as �e�� 3) Minutes of the November 4, 2009, P(anaing Commission pubic hearing; and 4) Draft adoption ordinance_ Baekgrvund The City presently eollects open space fee-in-lieu prior to plat recording and r+egionat stocmwatec faci[ity fees pcior b� engiueering approval based on policy rather than code_ T1ie proposed poiicy ct�ange to deEer the payments of open space fee-ia lieu and regiooat sto�mwater facitity fees to a time iater in the deve(opment process is pazt oEthe 2009 Planning Commission Wodc Programa�i was iaitiated by the Master Buitders' Association as part of their Stimutus Package. The following policy attematives: { L) i4faintain tiue eucrent policy of cotiection prior to plat recording for open space fee-in-lieu and prior to eagiueering appcoval for re�iona! stormwater Eaci(iry fee.s and add language to FWRC Chapter t 9_ ! 00, "Mitigation of Development (mpacts; ' or (2) Defer one or both fees to Certificate of Occnpaacy. oc (3) Defer one or both Eees to point of sale were pcesented to Planning Conunission at a pubiic hearing on I�iovember S, 2009_ One public comment was received by a representative 5rom the Mastec Bui(decs' statin� that they no ta�yer wished to pursue a change at t6is point in ncue_ The P(acuiing Co�*��ion recocnmeaded �-0 to adopt a modified version of Attemaave #t (Exlubit 2)_ Options Csosidered: lj Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ocdinance; 2) Adopt the Plannina Commission's recoaunendation as modified by the LUTC: or 3) Do not adopt the�ra o�sed policy. P[.�►NNINGCOMMLSSiON RECOatME.vDa'e[av: Adoption of Option #t as modified by the Ptanaing Commissioa ST� RECOMI►�dmAT[ON: Staff recommends the CQUncil adopt Opti.on # 1, adopt the Planning Commission's recommeadation as coatained in �e Draft Adoption Ordinac�e :./ ` -. �T :: ; . Cf[9C MANAGER APPROVAL: , r- !�iyo+ DQZEGTOR APPROVAL: � Committee Cou�il Couunittee Council COMMfCfEE RECOMM�(DA1'[ON Eocward Option l� t; adopt the Ptanning Commission's recommendation as conrained ia the Draft Adoptioa Ordi�ce to the full Cou�il on December i, 2009, Eor fust reading Linda K�chmar, Chait Dini Duclos, Member Jim Feaell, Mec�er Pctoros�u Courrca. M�c[orr(s): I READQiG ott O1tniNnNCE (12/01/09) "! move to forward the ordinance to a second reading for enacdnent on the December I S, 2009, consent agenda. " 2 READ�JG OF ORDINAlYCE (12/15/09) "! �nove approval ofthe LI/T �C's reconrnrendation to approve the code wnendme� which are contained in the Adoption Ordinance. " • r�N'TO sECOnrriEZEV sYCrzYCr.�so�rc� COiTNCQ. ACT[ON: ❑ APPRAYSD O DENIED ❑ TABLEDlDEFERRED/NO ACP[OiY ❑ MOVED TO SECOND READtNG {ordinances onlyj REV[SED COilNCIL BiLL # 1� �eadiag Eaactmeat readia�� OttD[1VANCE f� �� socvT�o�r � R � , . ��i� ' -::�;.'°�,,,,,�- ��a� ,��; � _ - _�_ �e�� ST�FF REPORT TO THE PLAN►YII�iG C4M�VIISSIOiY Pubtic Hearing — r(ovember 4, ?009 Poiicy Cssu� — Qeferment of Open Space Fe�ui-Lieu and Etegiouaf Stormwater Facitity Fee (Ei�e No. 09-lQt0t8-08-UP} I_ O4 ER'4 tE�t% The proposed d,eve[c�acezit reguta,tior� is with regacd to timing of opea space fee-in-li�u aad cegional stormwatrx payments to the city_ Tfie Federa! l�'ay Revised Code {F4VfLC) d,o� not cur�entiy prescnbe the timing of sucF� payments_ r�s aci ac#ministra�,ve policy, th� city colleets open �pace Fee-i�-Geu' prio� to recording a residenriai subdivision cvith the King County Divisioa of Records and Elections, and coliects regionat stormurater facility fees'' p�iar Eo engineering appco�al Staff recommends this po[icy b�ome coc#ified within the FWRC. T'his deveic�ment regula.tion amend�ent was initiated by the Master Build�ers �ssociatioa (i�+[B �) of King and. Snohomish Counties as part oE the assflciation's loca! 'zconomic stimutus pta.n' directed tocvard� se�era.t tc�c-a[ jtaisdictioc�_ Defertin� the coltectioa of impact tees to a date clooer to che ac[ua[ ic�act is o�e o�s�rera( itec�u the t�iB:� su�ested the city add to its ?(104 Long Range it'ork Prograrn_ [t is the NIBA's posit�on tttat deferren� tt� cotlection of impact f�s to a daz� closzr to the actua! im�act 4voutd re�ducz "canyu� costs" o€ the dec elopmeat. Carryin� costs, �ach as in�act fees, increase the actu�unt developers m�t finance and accum�tated. interest associatad cvith such oosts increasz the cast, oE�e overaE( devefopment Notcc the r�centiy adopted Trat�c [c�aet F�, thz ciry doa not urilize icnpact tees, buc inste�ad can accept a tee-ia-lieu for open sp:�ce and dir�:ctin� stoantvater run-ott troin d�veioped sitb iata oc�a ot thz city's r�gional faciliti�_ I'he fee-in-tieu option is fc�r develc�zrs that ehoose not to pcovide onsite opea space for cesid,ential s�,�bdivisiocu or stotm�vatzc deter�tion faci4ities ir. arr,a� c�,�thin the citr's regionat stocmw�r taci(ity basins_ Fees Caiuidered for Deferment � Cetystaf�frnt icteatifie� ifie fottowing fees assoeiated cvi(fi new developc�ent for pcus�b(e deteRn,ear: tra€f� schoo[, open space, and re?i.onaf stormwater facility_ f{owe�ee, siace the City Counc�E t�s recently ad�ted a'i'rat�ic [mpact Fee and defzr�ed �aSrment ta the gropecty's point ot sa.te €oc siagie family devetopment and buitding perEnit foc ait o�[ier develop�ttent as part of �,e neu ordictane� sraff no toqr�,er proposes to addr�ss this �ee. Attho�gh collected. by the city via an intzr-�oea�.i agrreeinent, schooi i�act fee polieies aze set by the Fed,erat Way Public Schaol Distric� there,fore, staff proposes not to a:ddress this fee; thus ieaviag the open space and regiQna.l st,ocmwatee fee-m-(ieu. optians as Qosscble candida.ees for def� � Re�ideutia! �vbcliti�oa� are required to pmsride opea spaoe in the auaunt oF 15 perceot of ttie �ass land araa of the yvbdivision site; howev+er, at tf� di�xetion of ifie Parks Direct� they maY PaY a Eeein-liac in the aanunt of l5 pe�ceut oftha pce�iv�d assessed land vat�e tu �-atisfyupen s�ce require�. '' Ragiona! stt�cmua�r fee� a�e as.ve�ed W dev�toperents that e�aose to eitiiiae one of the city owned stamwatz� facilities 1'his option pcovide� deveiupeis t6e option of PaY+ng a fee-in-lieu of �nvidiag on�ite �m++vater deteatioa poad. De�c�t of Fee� Cade �ment Piacming Coaa��i�sias �atlRr�ort �ti e A09 UP � Doc iD il870 Pag�e l of 7 �XHt�IT_�._ PQ�� Z OF '�t ��a��`� -- :. ��-- � � � � _ ,,;_�_?� �' .._.�.� (L PitOCEDURAL SflltitvWRY 1�e prapased develap�t regulation is exect�t Gom environmentat review pursuant to State Enviranneenta[ Po[icy fict Rules t97-11-800� 19� Pcocedura! :�ctiocn_ I'Eu� propo�l celatzs sotety to governneenrat procedures containing ao substantive standards rapectia� use or c[eodificadon of the envu�onmenG Pubiic aotice of die Planning Co�:�•ion hearQea was provided Octobr� t7, 2009, pursuant W procedures within EWRC L9.80_ t70 and emailed W th� departiueat's stakzho[ders (Eadiibit A) pctober t 6, 2009_ Oae coaun�it was received � ia email fmm John �tc�ms of No�ris Ho�es tn��orparate� on Oct�ec t8, 2009 (E_qh�bit B)- Q� Sun�taRY oF DEV�[.oea�rer [ZECU[..�T[onr Orr[o�s Stat�tias presented �e plannic� Co� zvith the followiRg three sce�rios: (1) Recain the curr�t policy with na change; (2) De� t6e collecticxi of the fees to Certificate of Ocee�ancy, or (3) Defer the collection af the Eees to the point of sale af !fie pr�erty- Fee Op6oa �t Uption � 3 OpEioa:�3 Curreat Poticy � Defer fo Certifcate � Defer to Pbiut ofSate of OcarpaacY i OiPeu space fee-in-ti� Paid prior ta plat Fe:e u�oald be divided up � Fee wvald be divided up recordin� amaa�t att pcoQatzes amoa�t ali properties (Not appli�cable to withea rhe subdivision withiff tfie �bdivision aad commerciaUmulti- aad Qaid �ior to tfte p:ud at tEte time ot saie of f�ity devetopm�ts. ) occupaacy of the the home r•ia a lien comptexed home_ iniaated by Ifte ct[y_ tteg,i�at sto[mw�ata Paid pcior ta Fee �wald be paid priar Fz�e «outd be paid at the f�cility fee-in-tien en�iueaing to the occapaucy aEthe time o€sate oEthe home/ approvaUbuildia� compteted h� cocumercial buiWi�g via a p�� .�.,�r_P commer�cia! buildin� liat initiated by �e cify. j'V AN�1LYStS OF CURR�NT POL[CY (OPT[OiY # l) Open sPace and regiona! stormwater �ees aze currently collected prioc to coas�oa Existing cflilection polieies pmvide the city with assurance ifiat fees aze paid as: (lj dne subdivisiodplat can not be record�od without pay�cnt of open space fees and iots are not offciatly divided until the ptat is recocded with the coeenty; and (2} cons6nsctioa activities naay not begin until the aPP� PaY�. for Hu use of a regionat sbormw�ater faclity- Tl�e imp� fa� tfie policY change, in gart, is to d,efer fees to a time c[oser to the aduai icapac� of the developu�ent. Cunreatly, open sQace Ee�.c aze co[lected aftea piat in&astructure {roads, ssearer, water, etG) is completed, but prior b� the c�ccupancy of the individua! residen�ces, whid� can 6e aigued. is the a�ual time of impact Coaversely, reg%onat stocmwater fees are c�ttr.ctcd at du tiu�e of mopact as d�e coa�tr�ction process (cleariug, �acling, az►d. paving) �iresulis in a� i�nediate �P� � � P�'P�Y- Def,eaooe�t of �ees Code E►mendar:nt �� e��.�os oo� � its�o Page ? af7 � � �7 � �'��.�--- � `wi�� _ � D�1G:.�... ��" - � � M ��,, _��;: _-�-- Open Space - Eee-in-tieu u a tS:pe of miugation and no� an i�a.ct f� SFate law restryct, the use ot cxutigation pay��ts to ouiy thwe ideu�ified projecrs dir�tfy retated to the devetopment This limits the utitir.dtioa of these fees to a sQecific park coc�rehe�.si�e plan planning ar� that the subject pcoperty fatts ec�hin. Fees are ewrrently cotlected foc tf�e zntice pre-divided parcel paor to recording the plat and cnust be �ued ccithin hve years Qf collecrion, or t�y are cefunded to the pcoperry ozv�ers of r�d Regional Storncwater - T� abi(ity to utiiize onz of tEie cit�'s regional stoEmv�aEec fa�ciiities oftea atlows the developer to Eocego the aeed to provide an on-site deteatioa pond Pubtic 1�Y�rtcs Depaztu�nt standards requice d�.w eEogers to contain stormwater ftows at a similac cate as the properts 's p�-developed condition. Fees coE[ected for regionat stormwater facitity e�e are used. �or construc�on cast recovery and the facilities c�ngoing mai�teteamc� V• AtY�►LYSLS OFTE� PROPOSED POLtCY CFL�NGE Defer�uent ot €ees would resutt in the city ceceivin� payment after construction is wmpfeted. i3eftmng the cofEectiocc of fees until t�e end of construction increases tfte risk of noc�ayu�tnt Such a defer�ueat may� al,o put the city in the position o� witfiholdiag �ceupaacy to a compleEed building ar home. Sraffanatyzea tsvo optiotu €or fee deferrc�nt: C3ption ? deEec paycment to CertiFcate of Occupancy; and Option 3, defer paytnent to Qoint of sale_ Op6on #3, DeCer to Certi�icate of Occupancy - Th� Cectificat� of Occup�cy is the trcral sta�e of pe�nittin� � building inspectoc liom thz Departmene Com�rtuniry Devetoprrlent Sefvices conducts a finat inspection of the compteted home or comcr�ercia[ buiidiflg and �anis oceupancy if all requiced ic��ov�nents are completed. per th� approced ptan. Persocu may not reside or coctdact buwiness in a home or buiEdin� uncil the Ccriiticate uf Qccupancj� e�ced_ [f it is found the app[icant ha, not paid op�n space tce-ia-tieu tees owed to the city ihe in,�eefor cuou(d be reqaired to cvithhold the Certi�tca.te of Occupaac� untii the balance of fees ar� paid Thu coata potenkialty put the eiry in the aw(ctisrard p�itioc� ot s�;ithho(ding occupancy toc non-pay�o� of tezs_ Potential adverse Effects of Deferring to Certificate of Occupancy • City uupector� p[�ced in tLie awicward �n af witl�hoWing occupancy to a completed home fo� na��fiety iss�ces. Upen Space Eee-ia-Lieis • PiececneaE cQitection an� state mamdat�! �[imitati�s to use fee� wouid make ucitization o€funcb ditfic�tt� - adds w admiau co�ls of tracking aad �ptementatzoa • City en, piaeed in the awkward p�sition of w�thhotding nccnpaucy to conipteted comm�ciat buil+d�s � homes fa 2egioaa! Stamwater Facitity Fee �'��Y issues. • Fees are couected fol�owing the acdcat impact_ • Stormwata How coa�rot could 6e provid�od thtonghout tt�e construction p�oce� without pa�eut for services Def� of Fces C.ade �nt F'ite �09-tOt0.t8-00- [JPt Doe � Sl870 Planning CocianissioQ Stat�Report E'a�e 3 of7 ��I��IT_�►- P �� `� ,0� 2 �� - — ��.�._��' „�- Optioa #3, Defer to Poiut af Sale - The defent�ent unrit point of sale could potentially put the coltection oE fees past the Certificate oEOcx�ancy_ This may be aceo�lished by placing a cavenant or lien aga.insE the propeTCy ceqc�irin� payment prioc xo ctosing_ Potentia! �dverse Effects of DeE'erring to Point of Saie • City u mna6ie w oracfc past the poiut af Certificate of Occu�ecy_ � • Cotle�xion of fiee u dependent on ex�ow ageut �g paymeot Op� S� Fee-in-E.i� L' °�de p�x t° �f�°g , • Piecemeal coliection aad �ate mandat�d time iimitations to n�e • Eees vwaitd maice �itizati� of fuads di�catt . • �rionai admmisf�a�ve and c�utlection co�s. • [n die case o€commerciaUmulti=6miEy a� ` dze developer maY t�fd oa�u d�e prapert� focan eacteQd�t period oftime. ar trave ao inf��,.�aelii� .ftcereby avaidin� fee P�Y��- R�egioQal SWcmwata Facility Fee �. City is naab(e;w �!c pa�c fhepomtto��Ctificaze oEC3cwpancTr. • CalEecaon,of fee is depeadeut on �.;cEOw agent eo�uriag PaS+ment u [aade � to ctosiu� • Swcmwata Qo�v coutrol cou[d be procicled thmughout ihe cons prceess and beyoiid �idiuuc paymeat of�ices. Y[_ Jcnusa[cr[onr�. Coa��.-�usovs Th�e determ,ent aE in�act tees u a ce(aEively n�v poticy brought about by th� current zconomic downturn Most jurisdictions in �Vas[ungtoa �faze, inctud.i� Feder�.l Way, coltect fees at buitdin� permit issuance for commerciaUm�ilti-famity �ses and at plax recordin� for subdiwions_ 1'he foliowiug Eour jurisdictions have ei.thec had deEerment poticies or ceerrentty implement a defern�eat optioa l_ Pierce Couruy - Pierce Caunty e.xperimented with at(owing deta.yed collectioa of im�act fees at point of sale (Option �2} subje�t to a voluntaty iien. However, Piecce Counry rescinded ttw pcovision a.ti�r experiencing a?7 percent faihae rate on ic�act fee cotlection. 2_ Kitrap County - Kitsap Cau�ty deferred iaapact fees to C,zrtificate of OccupancY (OPtion # l), but due high rates of aon-payment, Kitsap m�ved the col[ection point w prioc to the fina! inspeuion af the buildittg permit 3_ Citp o/'Sa»unamish - TE�is yeac, Sammaamsi� ad+opted a poiicy to altow deferment to the point of sale imtit December 31, 20l0 �1s of the date of ttusreport, cvo failure in coiiection has been e�a. �. City of O[ympia - Olympia recentty adopted a poticy to ailow tEuz defecment until the point of sale foc develaQn� within the dnwntown area. The pokcy wiii sunset tlagust 20 i0. t�s of the date oP tfus repork � faiiure in cotlecdan has beeu faund ' The tecm ooamec+eial/uailti-famdy �ue is maant to refer to u�ea otl�er thaa �bdivisioas. De�ecur�ot of E�esCade �amendmeac fite bos-toto-t$-0o- uPf noc ID st87o �� $� _ Page 4 of 7 G�fl��'�.� �=-- �a�� o� � �� _ �� _ _ �� _ tiT1_ Pi�rrNavGCoNm�a[ss[o� Orrcorts Staff presents the Planning Commissioa ttte toitocving options tix the open space Eee-in-tieu and re�ional stocmwatec faciliry tee: � a. Open SPace Fe�-in-Lizu: t_ IZetain tft� current polecy with no chaage; ?. Defer the cotiection oEth��tee to Cutiheate of Occupancy; or 3_ Defrx the coilection of the tee to the point oEsale of the proputy_ b_ Regiona! Stormaratet Faciiuy ��: l- ftd�in the current poticy with ao change; 2. Defer the cfltlection of the tee to Certificate of Occupac�y, or 3_ Deter the cottectio� of the fee to th,z poiat ofsate of the prape.riy. V[I[ ST� RECOhrn��ruaT[oiv Staff recommends d� �ee co!lection po[icy rema[n un,changed Eor botfi fees laption n E) due to the Fotlowic�g: 1. 1�taintaining the current policy of cot[ection (OpEion R l) at pl,at cecardia� tnc open sgac� fee-in-(ieu and ect�ineerin� approra.t for c�ional stormc4 provides die �r� assurance the ciry cc�i!! receive pa�inecu of the tcvo fzes_ 2- The ic�elw Eor the policy change, in Qart, is to defer fees to a tia� closer to the actual +�act. 44'ith regard to cegionat stormcva.ter fees, both Opdons �3 and Y3 defer d�e collzction to a point atter the actuai ict�aact; there�ore, makin� the poticq incocuutent w thz premise tfiat fee coltection �hould be cied, to the point of in�sact 3_ Untike the newty adopced Trdt�ic ta��.ct Fee, these fees are not manda.tory_ TE� develt�zr does have the option to provide onsite open space oc a stormwatu decention ta.citiry. �. Defecrice� fees to point ofsate (Optioa �3 ) coutd reseett in a toss ot cotlectioa as the developer ma.y tiave no intentioa oEsellin� the property once coc�truciion u cornpieted 5_ The fragm€nteci co(Iection coupted tvith mandated time liiatits to use €ees coutd caiue di�cuity in the utilization of open spaee E�es_ b. The fra�tnented coilection of fees woufd add additianal tiractang ac� adminis�r�tive cos�s_ IV. BASLS FOR PGAlYNING COL�I�QS.S[01Y ACT[O!Y �WRC Title t9 'Zoning anc! Devetopment Code" Cfiapter !9_80, 'P�acess V[ ltevizc+v, esrahlishes a proeess actd criteria foc develapnunt regularian amenda�rcnts_ Coasistect� with Pcocess Vi review, the role of the Pla.nning Commissioa u as foitaws: 1_ To review and evatuaEe tfee propc�sed developertieat re�utation amendrnents_ Def�menc of Ee�., Cade E�treudu�eac �i � xo9-�oeal8-6o- ue � ooc [o si8�o PtaminS C�sst� Stat�Re�ut Page 5 of7 EXHlSIT� �,�� (o �1��7.°r �� e - - �` L To d�tearane whether the praposed devei�ment seguiation unendn�et meets the criteria pruaid�d by �WRC l9_8Q_ t 30_ 3. To faward a�ecoc�unendation to Ciry Council regardiag adpptioa of the pcopaoed de�:e(opu�nc regeilation amendmec►t_ v. D�crs�avu. c[�rr�Rra FWRC t9_�0_ ! 30 provides criteria for develop�nt re�ulation amecidments_ The Eottocvicig section analyzes the cou�lia.nee of the pmQosed aa�ndroents with the criteria pr�ovided by FWiLC 19.8a. [30.1'he ciry may a�nd the teet of the EWRC oaly if it Euuds tha� [_ "fhe pcoposed a�nendroent is eoasistent with the appticab[e provisioas of the eocnpceheosive plan Policy CFP t - Provide needed public facilities and services to inrplement the Federa! Way Cornprehensi�e Pla�. Po(icy CEP6 - Protect investrnents in existing facilities ihrougfi an appropriarte teve! oj maintenanc� arcd operation jun�firtg_ Poticy CEP t 3 - P�ovide efie capita! facilui� needett �o sen� the fucur2 �rowtfi antzcipated by the Federat 6Yay Coneprehensive Plan_ Staff R�sponse -�taintaining the cc�rret� policy oE fee coli�dion a.t p{at rzeocdin� for open space fee-in-lieu and ec�aeenng apProv�at foc regioceal stocmwater faci[ities provides a�ura.nce the pr�eding ti�ree co�rehec�sive pian policies can be icnptec��:eci. Payment detaults may ca.we levei of szrvice deficiencies due to incrc�se d�mands on existing Ea.cilitica. 2_ Tfie propwed auuendmznt bears a substantia[ reL3�oaship to pub[ic hea[th, saf�y, oc welfar�. . StaJJ'Resporrse -�fhe current point of co![ection poticy eiuures pay�ent, pcoteds level oE secvica, and provides consistency. 3. The pmposed acneadment is in the best interest of the resideats of the Ciry. Sta, f Rerponse -�►s mentianed previcwsly, the curcent pcsticy assures pa.yment oE regioaat stormwater fees at the point of im�ad an�d � that open spa�e fee-in-tieu is paid with�out de(ay t� occuP�Y- • VL P�[.at�rt�rnvG Co�mRrss[orc Acrtorr Consistent wi�fi tlue provisions aF EWRC I9.80.?40, th+e P[aoning Cornmissioa may take the foiiowing adaioas regarding the proposed d�evelopment cegulation an�rendm�nts. De� of Eces Code �meada�eot Ptanaing Com�i�i� �aff R�Qod F11e tt09 UP/ Doc fD i t870 Page 6 of 7 �XHlBI'� � PAGE_ZOF �� - � Open Space Fe�-in-Lieu ��.'_ _��_ �- 1. Recammend to the City Co�.mci! adoption of Option � t(staff recommendation); maintain the current �thod of coltection at ptat rzcording a, �hosvn in E_�chebit C, EWRC Chapter t9_ t00, 'Mitigation of Deke(opment [cnpacts_" 2- Re�ammend to the City Council adoptioa of Optia� T��; defer the cottectioa of the open space fec-in-[i�u to Certificate of Qecupaney_ 3- Etecommend to the City Council adoption of Option �3; de�'ec the co[lection of the cr�en space fet-en-lieu to the point of sate of th�: property_ 4. Modify Option !#(, � or #3 and recommead to the Cery Coac�cil adapriQn oEthe cnadificabio� �_ Forward the policy question to the Ciry Councit without a racomcrueadatian. B- Regioaa! Stocmwater Eacility Fee t_ Reeocn�nend to the City Counci! adoption of OpEion � t(sraff recommendatioaj; ma.intaui the current method of coilection at engiaeerin� appro4a! as shown in Exhbit C, EWRC Chapter t9_ tOU, "Mitigatioa of Dec elopment [mpacts." 2- Etecocnmend to the City Coancil adoptioci of Optioa �3; defer the co[1er.�ian of the regiona( stormwaier facility Eee to Certificate af OccuP�Y- 3- Rscommend to the City Coiutcil adopEion oEOption �3; defer the coitection af tF� re�iona! stormw tee to the poic� o�saie ot th� prapzrtS•_ 4- tLtodify Option Tl, �?, ar �3 and recommend to the City Councii adoption oEthe modification; �_ Focward [ goiicv questian to the City CoEtc�ci( wi�out a recornmendation. E1�r[BCrs Extubit A— Co�Qiiy Developn�ent Services Stakehofd,ers List Exlube[ B— Cam�nent R�oceived &om lohn I�ioms Exhbit C— Prapased Cc�de A�ndment — EWRC C�apter t9_ [00, �Mitigatian of Devetop�ent tmFacls" Report Prepured by_ �ssociate P(anner Maithej,v Eterrera Defem�nt o€Fees Cods �� Ptaming Com��ion �tiFReporc �k,ro�-io ia�s-ao- uP; n� ta s is�o Page7of7 EXH1�3tT.� PAGE �O�r � �� _ -�� CODE riMENDMENCS r11YD DNS NUTICE StakeHdders Gst as of Jree i8, �009 8ob C� Lloyd �ntaprues [nc- PO 8ox 3889 Eedecat Way, L{i� 98063-3889 �:�Li€o:tk-�:� xi:��..�mt �IIIS �fCl Fri�d af die Hytebos Pd Box ?�97 t Federat Way, WA 98U93 : t�t�3�:;��bYc�.3a. . Oa�n 8ites S8i Deve�oping PO Bo�c 7379Q Pnyat(eQ, WA 98373 t�:ml��iiith�t�r� Kutt WiLsoct S8[ Developing PO Box 73790 Puyaitup, W;� 983T {a3) �39-8ttti �cu��M:nalch�u�.�n Darla Mtocin Hac�ch invest�n�t Properu�i l i010 NE 3(�' Stteet. Suite -3��0 Beil�vue, i�i A 9800� (�t?S) ?8�t-�3�2 c�:�riz�u��a�."txu Iuiie Ram�tit Efacsch tav� Properties [ 3010 NE 20 Street. Snite �i0 Btllevu� NA 9800i (53Qj #i0-OTT8 jc�liL�r i�l�ar��.�xn Don Pexry Latc�aven Utility Distriu PO Boz 42�9 Eetiecat 9Vai+, WA 98063 �7:�'�kc#�a�tt�cg T�t Osbocn� PE {.alcehavra Util�y Disttict 31627 lA Aveune Sauth Federat Way, WA 98003 (?�3) 94b-��40 iQiO�i'.LE� ce�� tmpoccf�e ew�c.x e.�re�.,e �b�aaar �er�aa pao� m� 4�doe lolut Bowman LakchavEn Utility t�sd�ict PO Box �249 Eedera� Way. S�A 98063 i?�3) 946-SMf! -�3a3�L itl�u � _c.rv Pau[ Manzer Pacl�d Development Cousuldng 1 t 23� SE G Stree� Saite �?0 Bdtevue, WA 9800� ��25) 4�3 9�Ot �er;��aeL�.� Gii Etvi�ann Abbey Road Group PO BOX L�Z� Pnyaiinp, WA 9837t {2�3) �3�-3699 ��.�ulsr��c�=a�:�to3d�nu�_c3at ieonifer povey Wiadamere 3340� 6�` Avenae S�tlt Federai Way, id�A 980Q3 (?06)�23-8000 �,�t�:�� '�sieiva�r�� Iohn Yaiis lYorris t-fomes 20�3 Fabeu Drive �Yferear L;land. W�i 980�0 (206) �73-t9tli =:�ii:c:-+xr=�.:�::.�ae�.�t� Steve Kelty ESM CQa,utiing Engineer� 339 L5 1 CVay Soad►, Suite ?00 Federa! Way, WA 98003 (253) 838-6[t3 Ssez wksil�s�c�c:asi�.�.,r� Mark Ctirrhngh GVA Kidd� M�ews. Segna i201 Paaific Elv+�nue. #t400 Tacoma, WA 98402 (2�3)722-l41b FD:iiG�&i:�,�4E�IIi Paui Lyutberis Quadr�t [LOmes PO Sox 130' Keui. WA 98042�557 {2i3) 630-5541 E�� '�'��.� ��.—.�� -��— Page i of 3 Etod Leland Federal Way t'�cblbc Schoots 31405 t�"` �venue SonBt Federal Viray, WA 98003 rlet��nusdw�t+�_edu Sid White Federal Way @�c S� 1066 South 324�` SOrat Federat Way,�WA 98003 (?53) 9�5-�93� �:�fiu�%::;��.us� [toa Bi�td South Kidg E='�e & Re,9cne 3 tG t7 l� �veaue South Fed.ecal Way, W � 48003 (206) 237A301 ; r,i��c�cl�:`�zautl��in�r�: �r� Tom Raymond Sout1� Kiitg Fire & Rescue 3 l5 i 7 L`� Avenue Soatf� Federat Way, WA 98003 (?53)9�6-72�1 'T �kcira��a��firr, ur�, Tom Piasou Eedaal Way {�a�mber of Cammace PO Sox 4220 Eed�eral Way, WA 98063 (2�3)838-2605 toru � fc�dcraiwa��'_� Beitevue. fNA 98009 Sam Pace (42�) 452-65�b Sea/King Cauaty Assoc of Ra�tocs ��i[�.�i'fI30s.'CF�-." 29839 i54'� AveimueSE �� - � .______- �� -� CUDE �1MENDi►�tENTS AiYD D1YS tYOTiCE Ron Tr�aine Redstune Devdopment Laad Acqui�� and Devetopme�t 174t7 433'� SUreet SE tvocm Bend, wA gso4s _ e�'�ixt�u :)ft�st�u_� 425-83 t-773Q (wk) 206-353-t761(ceti) 4?a-831 7783 {Cax) Monte Powett Powdt H,omes 29607 8'� Avmne Soe�th Fedc�al Qf(ay. WA 98ad3 ai��- Fi David K�l�a 3Q24Q 27"` Av�e South Eedarai Wap, 9VA 98UO3 ��kl �.�R� �ucmaiLc�� Gacrett I. Eiu[�'maa Master S�itdas A�.sociatina of King/Snoi�i�h Counties 335 t Eb�` Elvrnue SE 6ellev�e� Wt4 98004 olt�a�;i�tb:c�.cot� 42��60-8236 (1titB.�iCS) Craig i�avec CES 1�, twc. E-mait Bc�t A. �weild, P_E M�ag� 1Vrtember Schvweild � As.�ciates, PLGC 705 Soaih 9�` Sbree� Suite 303 1'aoama, WA 984Qi �tA9ei�t��i��t t 253-272-44� E (wk) . 2�3 272-449�(Eax) ibfike 8d�a Quad�r�ot, Dev�dopm�e ilrtanager 14725 SE 36�` Streex, Suite #200 PO Box t30 Bel�evue, WA 98U09 �ikebd�a,��:aa 4?a�52-6563 � 4?a-7531l866(cdt) Eiaas Kncve 726 rtubucn Way North Aub�uu, WA 98033 l��`r.��n�-i�c_ar 2�3-383-??Ot3 Bob Ropar �.�a�.�cYsm��s�itet ?.53-941-6954 Dale A R�oper 'Ehe Rnp� Cnmpauy [.andscape rlrchitectnref Site Ptanning - 8 L6 Qtecry Aveuue, �3A Smm�er. WA 98390 253-89L-iO30 2�3-826-3891(tax� r��rt€a€a_�u��l_c-uni GarY E{ertng t439 SW 296 Soreet Eedaai LVay, WA 48023 j?1�1�S El�E Tim �tkins Beg Ntountain, Enterpri��; ' �rab�ucs�Etaiu�u:�u::a PO Box(OOi Ettamclaw, WA'18422 Bi!! MeCa�rey wla,t sma�o l9i! SW Campus Drive, Suite t t6 Fe�cterat. Way, WA 98023 wjr��r�,�i�rnc�.��.nc� Tam Barghausea Bacg�auseu Consultm� F��neers i82 (5 72 Avenue Souih Kat� WA 98Q32 Eb�t�;�;:fr� . ,� .c-orn PeEerTowns�d 164� South 3 i0"' Street, Suite b Fed+eral Way, WA 98003 253-839-2447 E'rom the Ctearing Grading PO R hst �� (y LfXi Architeets t319 Dexta Av�ue. Suite ?60 Sea.tt�e. Wr�a 98i09 206-283-4764 IItL�:� �;ic�,¢-�hit�rt.�c:,c�; Chad W� OTAK L0236 NE Poiats Drive, Suite 400 Kittdaztd. WA 98033-7897 �fl6-442-13�9 ��a�.s��iserla�ata��m Ct�risti�e Balyeat Neur Coacept Etomcs PO Box l�9 [s� 6i/� 98027 t�cheiY:�t;o.'��tn_ail . c� ib[azk Ereita� 33516 9`� Avenne Souttt Fedaa! Way, CilA 98003 2�3-838-8327 t��r_kt - ..cin::�:<�_�� Tce, Kirke6o �1Pex Engsn�rutg 260 f 35'� Soreet, Suite 300 Tacoma, W� 98409 2�3�73-449� -Y -��'Y"EAC:"�=`.7: iC�i Dennis [faneberg 260 E 3�S �,�Suite 200 Tac�ma. WA 98409 253-�173�494 1�� %��:�gi��-�i�s.o.�� G'arY N[artmdaie 'Che Comm�s of Federal Way t928-B Sa�th Commoas Bhnd Federat Way, WA 980a3 ti3-839-6t�6 r�ia�arxlalet�i.atiw.rom tset�8iu`�aec�ca JeffGreeae Aubuin, 9VA 98d32 Cneeae Grasaway Arch� PO Box 4158 �� _ �� " �i tcL�O�coa��FeaPoocflecAte�ion�sotaaaer�Aaa@�maiLa�r.caa �Si��' -■ ��`��- PageZof3 � �! ��i�� - � Federai Wav WA 9806i-�158 2i06 Pacific Aveuue, Suite 300 �� 2 i3-9� i-=�937 Tacana, WA 9840? i��£u :s.ref�i:�3c'a[�:�zint� ?53-6?7-4367 • �::� - �.=�racf^ut*n.rn_: Steve [iamatec B�owleu Peterson Hxmmer �rdtitect� 692U 220 S W, Suitc 200 ilrrttaundatce Tecrace, W?1 98043 � Cs;c�^it'�. �riC�s_^t:fa Me! F.ast� lohn�on 8ra�nd Desiga Gronp l5200 i2a Avenue South, Suite 200 Se�attle. Li/A 98 t 88 �06-766-8300 Ffiw(7.aE:�� KOOQP.�' Q10 RoYat HosP�t�uY ��) 1590t Wes� Valley EGghvvay T�c1lEwila, Wa 98188 2�.i-3 [ 8-a908 �C:.�?i_,C�: :CUQiC�si. etL: Iim lotdan (Sa�atie Hei�ts devetoper) at' �rd:�n�'iiz�.xn�x3:s..�:?rr_ �iike Hovtand Hovlaad �+rchitecv 900 i�teridiaee Ave Ea;t, Suite =ttlS �fitton. �V� 983i-� :��s:ttC�6 •a.=Ci�tt3C Fi:.[ �3YC TflOfs'L�C� �06 S�tfi Z89�' Ptace Federat Way, WA 98003 �f ltarr.h�;Aet(�,c� ca �i.�.r�. Dan Co�xaii Hammes Co_ (St Freacu Eiospitat) L 325 �` Avenu� Suite t03� Seatti� WA 98101 cfcusa��'�,ici�xex�.e�n Ta►y Starkovich - !bi ! 9�` Av�duue Nocth Eduioads. WA 9802U �35-77�-6��2 ;��w...�xapi�.�a�at�nai�.c�rt C�'eth R+oe BCRA Heedi Swactz Swartz Developmeat ?�Z4 3Odl t'�VC NE Seattl� Wr1 98 t05 ( 306) 730-6933 cetl f2(l� 527-8399 Eax :�t*, ;�.c�cw-�ce�_n�� PQGE_ 1\ �� ?--�-' -- Keoov cuat ammm�m�srmpacc Fa¢ ro�c.,ca•aea�,s �tdwma �p,a;s mu�g i�ta,M Pagc 3 oY 3 Tina Piety ��—.� � - -- i' _ - From: Sent: To: Cc: Subject: .)ohn Norris �johnno�ris�comcast_netj Sunday, Octobec 18, 20os 5:12 AM TEna Piefy. Matt Herrera Marga�t Ctarlc RE: Pianning Commission �Llee6ag �ey should r�Qeaf t�ot� of the Q�tinar:��s t3�a¢ cnarge tt��se f�es. Thz op�� space �ee is ex�rernely Exc�ssi�s� �nd �;u�ishes people who i�el� on ie �heir Eanr3 k�nger. Most o� �e��ral uay was b�ilt �vit�QUt �� apen �pacn fee s� the very pQOpte arho actuaEty �roi.rid�d 3��n space by ns�t deve�pir�g tt�EC lar�d got pus��she€f �nti� a#ax ��al t� 15`% af th? assessed 1�3I�e of th�i� ia�u. Tt�ey paid taxes �n th °FP F�il� dII O� f�3cl� fil7ic�� it �as ��ba�ly their �tes# egg or sorn�th��to artd alar�g cornss govsrr3rnertz prah�biy back� �p by some citizens �:ho sornzhoyv- j�s�ity that €� is okas/ ta steei t�tair ��igho-�rs s�fe as Iang as they get thz governr�ent to r�a it �or th�m. t do not un�enta�� s�hy some p�ople a� su�pos�d t� �rovide ��e� spa�e For other peaple to use. it seer�s ta me that tt;� �tis wed to he tt�at tf the ggv?rr�rnzn� need�d your la�d for ttae go� c�f t�e publie they could candemn �c ar►d buy it for �ir vattt� or iair valu� j3�ii5 �O�I� !E �/�i1 �13� f0 17l'JYE. cg3��C �12n �19 o0`,/gf7�fT1��1� �eeded �ray less tand �n.•hen they na� to buy it, but na4v t�a� they just �ass ardinar�ces-that allow thern to st�( it, they stQel t�:ice as rnuLh as th�� r�e�d. l�st t+€C� aEt o# the se�+si�iste ar�a �uff�.s. W�y �te�[ a S faot bufF�r vv.hen you can steel SE3 f�at 6u€�r f�� th� sa�e cQSt {€ree�. s'�ctualEy in a l�t cases Ll�ey �harge us a��e, matce us hire � consuttant �r tuvo� fill out art apptica�fan, =urnp through a fe�a ioop� �o ge� �er.�ission to �ave the city st�e! our buifs:. Th$ €�es part ur.jas �r:h�� the� �ri�t 3I of th� bu�rs and cat�ed it "Sest Scier�ce". ;�`ti�i�at tyay rn�ant v�.•as "r:u scienc�" �r :•ma�i� :�g scianc� Best s�i�ncn w�ul�i have v�en t� �ave buffers deter-riine� hy a�c� in�lavi�ual sensi�sy� �rea, wa�d �n thz :�n:�ue r�ature o� thz sensitive a� ir. q�estion, the �ov�rnr:�er�# agency =e�:�iring [he buffer shauld have to bu�/ th� buft ior the goa� �E tt�e �ubtic so that chey are nat t=m�.ted t� stee! �c� times as i n�� as the�r r�eeue�_ Gaverr�m�nt �houl� r�s�� ver b� afloc•aed to �pe�e� �ther Fe�ple's money_ OoYS d€d ttsa� c�c:� ir.o a ran�? Jid i �o rr�y ;euzn vJith g�d ir�Fer�tias�sj Qov�rr:rr.��t sucks ra�t? �orry !�nras just t#�ra��ving rny s:i�ht1={ ja�ed apinion out the�. ( an� nat uitter �r�e� € stitl li�� veryone. Could sorneor�e farward t�is an to 1�c� �uun �?rnb�r f �t - :ne? OI: �nd if a�yor�e �1:2� aif�nsa, this yvasri r rr.r�i�er: bt� 3ohn Not� is, it c�s accually .vritten ��,� that €it��a smart ass in �►is #:sad, sotnatirnes n� ge�s l�as� and s�n�s �ut in�lam�reatory err�ails 6e1=�r? 3a�n �ar. stop hirn. jc��F-� :��Zi� ; �� .t�.'�'�" � :..:� �.:�'-�= ; � -`:_ z ,��. . ��3'--�.��:>tL 3 �3fa.275141?2 C: �Xi423.4bfl0 � � � 4�. � � +E_�it��'+��A'. •'"'�=';,�:s �;�s'sR:�_��' =rom: Tina Piety [maiftn:TinaPiely�dtyoffed�alwaY-�3 ie�� Friday. Oc6nber 16, 2009 5:14 €'Nt ro: Ma�t He�a �c Margaret Cia�lc 'subject: f�annitx� �on Meeting ��£�� -- ��x� _- _� �; ___.- �elto, 1 EXHISIT PAGE �l0� Ptease see the attached no6ce of tf�e Noverr�ber 4, 2009, Federal Way Planning Commission_. The Commission wil! consider whether the collection of d�e open space fees a�d stormwater fees should be deferred to a later date in tfie development process_ Tfie dty curren�ly coNects open space fees priar to ptat recarding and regionai stormwater fees prior to engineering approva!_ Please contact Associate Planner Matthew Herrera at 253-835-2643, or rnat'�.h2�rr2Fa�cii��f=��e�a�•rJav_cc�a� with any questions_ T%n�vi��et'y, AaGyr.w�.i.� Community Devetopment Secvices Gty of Federal Way Street 33325 8� Avenue South nna��: po soX 9�zs �� G� _ ��, Federaf Way, WA 98063 253 835-2501; fax 253-835-2609 E�� '*"�'- PA�� i C�r �°�' - F'EDER.AL W�.Y REViSED �ODE Sectiocu: t 9. IOU.O t0 t9_ lQ0_020 t9.l00_03Q t9_ 1�.0=1�0 f 9. l00_Oi0 (9_ 100.060 Titie 19, Zoning and Developmen# Code Chapter 19.t00, Ytitigadon of Devetopment [mpacts - Purp�e_ �� - Definition. ��bi� _ �f Determination ot direct empac� Costs_ i4titi�arion of direct ir�acts_ �iethods of cniti�aaoa 19_[00.010 Pucpose. [t is the purpose oPthis ehapter to provide alternati��s far prospeetive developecs o€ land within rhe ciry to mitiga.te the direct ic►�acts that fiave been specifcaEly identifieci by the city as a consequence of proposed devetapc►�ent, and to make provisio� Eoc, including, but not t�ct2ited to, the public h�eatth, safery and generat cveifare, for open space.s drainageways, stireeu. a[leys, other pu6(ic w�ays, water su{�Qlies, sanitary wastes, parks, playgrounds and sites for schoats aad scfioa! �roands. (Ocd No_ 90-i9, y � ti 3? LO), ?-27-90. Code 20Ut 3 t9--tl.) t9_18Q0?0 Detinitioc� For pucposes of thu chaptcr, chz t�u "development "� sha[� includz, but not be tia�ited ta, subditi short subdivuions, bindin� �ite placu and any other devz[opcn,�at activity detmed by F6V[ZC Tidz [9, Zonin� and. Deveiopcuent Code_ (Ord iYo. 90 3 L{32.301 2 Codc; ?U0t 3 19�L.) i9.100.030 Determination of dicect impact Befoce any dec�topment u �iven the required spproca( or is permitted to pcoceect, the offcia[ or body char�ed. with decidin� cvhether such appro�al should be given shal[ deterrnine direct iaipacts, it aay, tha.t are a eonszquence of the proposed de�elopn�nt a.ctd L4hieh requice mitigation, eansiderin�, but not timited to, tf�.e fo[lowing factors: (t) PredevetoQment r�ersw pastdevelopmznt need fo� ser��ices s�ch as ciry streets, sewers, wa.te� suppti+�, drainage facilities, parks, play�rounds, recreationat facilitie�, schools police services, fire services and other m�uucipal fa.cititizs or services; (2) Likeiihood tt�at a direct impact of a proposed devetopment would require miiiga(ion due to th� c.�uw�ilati�e _--- ------- _ _.. _. _ . efFect of such impact when a.�gregated. with the similar in�acts oE future devetopa�eat in tFte ianmediate vicinity oEthe proposed developc��tt; (3} Size, number coadition and proximity of e:cistiag �acitiries to bz affected by che proposr.d cievelop� (4} Nature a.ad quantiry of capitai i�n�rovements czasoaably necessary to mitigate. sprecific direcx ic�acls identi�ied as a consequence of the prc�posed develop�nt; (5) Giketihood tha.t the users oE the proposed devetopment cvill benefu fromanq aat aQa.ting capital impro.vements or progra.c�; . (6} Any significant ad.veese eav�onmental icc�acts of the p�posed developa�nt identified ia the process of comptying with the envirocu�uenta! policy, EWRC Titie !4, oc the State En�ironmec�ta.l Policy Act, RC6V 43_21�0 i0 et �eq.; (7) Consistency cvith the ciry's comprehensiv� ptan and any o� its subparts; (8} Liketihood of city gowth by anu�cation into areas unmedea.tely adjacent to the proposeci devetopcnent; (9) ApprapriaEeness of �nancing necessary c�pita.t improvements by means of loca! improvement districts; (!0) Wt�ther the designa.ted capitai in ftuthers the pubticheatth. safery or general wetfae� aad (i t} Any othe.� facts deemed by the city to be retevan� (Qrd No_ 90-39, 3[(22_30), 2-27-9E1_ Code 2001 3 19�3.) �� ' a�.�.�.- , .�_ �,yK PAC.,�!�_�� p � , � � of� �.M09C�delma��mrsdupuxF —.rBern�PLaan;C,mom.sioax'�pasi 1 �— '°Ti �� - ��- r L --- � 19. i00.04Q Costs. � � The co�c of any invesagaaoos, ana.tysis or reports necessary foc a deternrination of dirzct impact sha[i be borne by the aQp(icant {o�a. �_ 90-�9. � !(??-�o), ?-27 90_ c«�zooi 3 �s�_� i9.too o�c► Miagaaon ofdirec� impacrs. The officiai or body charged wi� grantnng the neccs,ary appcova( for a pcoposed developmcnt shatt review an appiieant's Qcoposal for mitigating any identified direct impacts and dz�cmii�e whethec sueh pcoposal is an acceQtabte mitigation meas�me c�nsidering the cast and land requQeaueNs of the required in�roveac�nt and the extent to wluch the necessity for the impravec�nt is atazbutable to the direct a�acts of the p�oposed de�veiop�nt l�to officiat � body shall approve a deve(opment unless provisioc�s ha.ve b�en made to uatigare identified direct i�acts tfiat aze coasec�u.ences of such devetopa;en� (Ord. IYa 90-i9, 3 t(2? 50� 2-27-9Q_ Code ?U0t 3 19-4�.) 19.100.06U Methods of crtitigatioa (i) The �thods of �tigating identifie.d direct ic►�acts req�ed as a coaditionofany �evelopment approvat may inciu�e, but are n� ti�eted ta, dedic�tion of land to any public body, off�ite im�xove[ments, on�ite imprrn►�is, anct af�er ea�itat or �n�apit� �ertiods tt�at may effe�tivety re�uce auecE i�n�acts. . (2) (n 4eu of a dedicabioa of tand or io mitigate a direct impact tha.t 6as 6cea idenfifie� as a consequence of a P�� eEOP�� 9 �Y �ve a voluntacY P'aY�ent a� if dee� nec with the deveiapex, provided no suc(t agreemeat sbatl he required as a con�tion of app�c�val, a� s6a116e sabject to tfie foltowing provisions: . (a.j The otFiciat � body apProving devetopment musc tind that the maney off�ci. wili mi�egat� or is a satisEactory attecnarive to mitigate the ideutiEed direct impact_ �b) Untess otE�erwise stipu�ated in, �e F�VRC. open space tez in-teeu �aument shall be �de prior to plat cecocdine Eor tanc! divisions a�d stormwaEer mairagement fees s6ati be � at engineering approvai For plats aad. buiidin�permut i�suance for all other d�eveta.pmenk oc as othenvise det�$ned bv the Public 4Vocks Direct�r_ �3 �� P�S+�� shall be hetd in a resecve account and._may ont�r be expetuted to fuad a capital img�oaement or program a�need upoa by the parties to mit �aate the id,�atified daect icr�ract �j [d�T'he payment sha11 be expended in a(1 cases cvi[hin five yeazs oF�tiecaron, anl�i �herw i,e ageed to by the developer. . {�j �A�y payu�ent not expended witi�in �ve year� of eoilzetion sfiali be cefunded to tC�.e pcc�e,�rty oaraers of record at t� ticae af the refUnd with iuter� ac the ratz zamed in the city's czserva accoant applicablz az the time of refund. [f tt� paya�nt is not expended within five years due to detay attributable ta the devetc�er, the payment sbati be cefunded witha�t mEerest Ee} t�Prt�ecty owue�s entitied to a reftmd andlor inter�st uader the provisions of this chapter aoay voiunt�y and in wFiting w�aive theu� cight to a re6uid for specifi�d. pzriocf of time in the inte�est of provi� tt�e desi�ated. capital impcove�t or ot�.er capital improvemenc oc p�o�am idefltified by �e propecty owaer, a.�d acceptabte tn the city. . .($ (gZ,The develaper may va(untaziiy and in writing waive ou behalf of the developer and subsequeat purchasers lfi�e right to iaterest amd or a�efimd in ocder to facilitate compietioa oEan improvemeat Under no eondition sha[t such a waiver be requaed as a ca�adition of approvaL Such waiva sh�ll be recarded wil� the c�unty where the propaty u situa,ted and. shali be biuding on subsequent ownets_ E3) The deveiaper ar appli,cxmt may ehoose #o pay a fee in lieu of reservaticxi of all or portions of a�pea space areas reqaired if the appiicant offers to pay �ney in lieu oEopen space a�d if the city accepts ttue offer, ttre amou�t shalt be deterroiued based upon the square foot�age of open space which oti�erwise �vould have been r�ired to be pmvided times the tlu� curreot roarket value per square foot of similariy situated. P�P�Y- (Ocd. No_ 9�-39, � 1{22.60 LO — 226030� 2 27-90. Code 2110 t� t9-�6. ) 1 Ccou � Pa�ks aad �on, (�ap�er 4:05 FWRC; � a� �dewallrs. F WRC Tttle 4, Divi�on � utitities. FWRC T'd{e i l; nvata qual9.y requi�emeats aad svrf�oe wate� �amuvatr.r aad oi� watecways, Chapter i6.43 EW[tC; ��bcli�iseous. EWRC Tida l3; public use �ts. EWRC !9 05.330; btri(ding s�e requiremeots, FWEtC 19. lOSA l0; c�,adating iof ooveca� s�t� in tt�e � regalabioos. FWRC 19 t i0.0�E1; (aQd noodificatiou re.�cictions and cequire�eut� Chapter t9_ 120 FLVRC; re�-i� reg�rctiug 6eopes, FWRC 19 I?5.1� et seq.; s�e design requuements 6oc environmentatly � � 135 � �,��.�t�.�� PA�� Z ��°'°�' � �� FEDER.��L �V�Y REVISED CODE �A�� Title 19, Zoning and Development Code Chapter 19.100, Ylitigation of Deve(opment Cmpacts Sections: 19. l00_U LO i �_ �oo_o�o t9. t00.034 t 9_ iU0_040 ! 9. t00A50 19_ 1fl0_06Q Puipose- Definitioa Detecmic�ation of direct impact Costs_ Mitigation of direct impacts_ Methocls of mitigation_ [9.10A.010 Pacpos� [t is the purpose oP t�is ehapter to provide atternatives for prospecrive develoQers of tand withia the city to mitigate the c#irect impacts tha.t (�ave been specifcally identified by the city as a consequence ot proposed devetopment, and to cnalce pcovisions for, ineluding, but noE limitzd to, the pubEic heatth, sa�ety and generai wetf�are, for open spaces, dcainageways, soreets, atteys, other pubiic ways, �vater suppiies, sanitary wastes, parks, ptaygrounds and sites for schoots and schoo! grounds_ (Occl. No_ 9Q � t(?�_i0), 2 Code 200i � 19 . 19_100.Q24 �efini4on. Eoc purpos�s of this chapter, �fie tecm "dev�.�loPment" stiail inc(udc, but Rot be licnited. to, subdicisiocu, �hon subdivisions, binding site plans and any othzr decetopment activity dztuied by EWRC Titlz !9, Zoctina ;�.nd Der•elopmznt Code_ (4rd_ Na. 90-39, § 1(22_20�, 2-27-90_ Code 2001 � ig-42_) ! 9. t00_030 Determinatio� oE direct impact_ BePoce any devetop�nens is given thz required approvai or is p�cmittzd w procz�:d, the ot�ici�l o� txxiy c:ha.cvCd ivith deciding whether such approva! should be given sha11 dztecmiaz direct impacts, it any, tha.t are a eonsequence o€the pcoposed devetopment and Khieh require mitigation, considzring, but not limitc�d ta, caz foliowing Eactors: (1) Predzvelopmectt versus postdeve(opment aeed for ser� such as city• strc�ts, secven, w-a.ter suQpiies. drainage facilities, Farks, playgrounds, recreaiional facitities, schoots, police services, fire services and othzc � municipat facitities or secvices; (?) CikeEihood that a d�r�et impact o€� proposed d�vetapEnent woutcl r�quice mitigacion d� tv th� cumulativz effect of such impact when aggregated with the sicnilac impacts of future dzvetopment in the immediate vicinity o f the proposed devetopment; (3j Size, number, condition and proximity of existing Eacilities to.be at�ected by the proposed cfevelopment; (4} Nature and quantity af capitai improvements reaso�rab(y aecessary to mitigace specifec direct impacts identified as a consequeace of the pcoposed developmenc; (�) Liketihood that the users of the proposed de4�lopment wi(i bzcietit from any mitigating capitai icnpcovements or programs; (b) Any significacit adverse environmentat impacts of the proposed deveiopt�nt idenftfied in the process of compiying witft the environmental poticy, FWRC Tide (4, or the State Environcnental Poticy Act, IZCW 4321C_O10 et seq.; - (7) Consistency with tfte ciry's comptehensive plan and any of its subparts; (8) Likelif�od of city growth by annexation inta areas immediately adjacent to the proposed devetopment; .(9) Appcopriateness of Ectancing necessary capital improvements by means of laca.t impcovement districts; ( iQ) Whethec the designated capitat improvement furthers the pubtic health, safety or genecat welEa�e; and ( i t) Any other facts deemed by the city to be relevant (Ord 1�10_ 90-34, � 1(2230), 2-2?-90_ Code 200�1 § 19�3_) �t'009 codc .1n.we.�o[�iaQaa Fee ro's�[ ofcdim;onu.trraea�ccr �9-tou _ re stodiacanaw mc EXHt81T�_... PAG��C � 4�� l� - 19.l00.0�0 Costs. , �� —' � '- The cost of any investigations, analysis or reports necessary for a dete�nination of dirzct impact shaQ be borne by thz applicant_ (Otd �Jo_ 90-i9. ,Z' t(3?_�0). 2-37-90. Code 3001 � l9�_) 19_100_U�01�titigatioa of direct impacts. Tt� otFecial or body charged with �ranting the nzcessacy approva! for a proposed dz�etopm,ent shall review an appticant's �oposal for mitia tting any itlenti�ed direct impacts and determine whether such propos�a! is an a�abte mitiaation measuc� coosidering tt� cost and tand requirements of the req�ired improvement and the e�tent to which the necessity For the improvemzcit is attributable to the direct impacts at thz proposed developmen� lYo officiat or body shait apQrove a deveiopcnent unleas provisions have beza made to mitigate idez�tified dirzct impacts that are consequences of such deveiopment. (Ord. No. 90-39. 3 1{? �.j0). 3-27-90. Code ?00 t j t9�5.) 19 i011_060 L�tet6ods of mitigatioa_ (!)"fhz methods of mitigating identifizcf dicect impacu required as a condition ofac�y developc�nt approva! may inclade, but are not ti�t�ited to, dedication of land to any public body, off-site impcovements, on site iccqmovements, and other capihat or aoncapitai ccret[tods that may etfectively reduce direct impact�_ (�) [n lieu of a dedication of tand or to mitigate a direct impact ttret has been identitied as a consequence of a pmposed dev+etopment, the city may approve a votuntary payment ag�eer�ent� if deemed• neces�ar� with die. de�elaper, provided no such agreecnent sha[! be requiced as a coRdition of appc+aval, and s�ial! be subject to the foll�ovring �avisions: . (a) The officia! or body approvin� development must find that the mon�y ot�ered will mitigate or is a satistactory alternati�e to mitiga.te the identitied direct impact (b) Untess otherwise stiuulated in the F4VlZC opea soace fee-ia-tieu pav�nt stia!! tx made prior to pla.t reeordina for land di��s�ons and.stottnarater mamageznent fzes shati be Enade at enginzering app�ovat for plats and biuldm� oemut issuance for alt other deve(apment_ � f b# ��l�he paYment shatl be he(d in a ceser�e account and ma�r only be e�pendec! ta funcf a capita! icn�o�ement or prog�am agreed upon by the parties to micigate the identified direc[ impacr_ (-�} �Tha paycnent shaii be expendeci in all i�se� tivithin f ve years oYcotleecion, uniess otherwise agreed to b}r thz cieveioper_ ��ny payment not expended withia five yeacs of eo(lection stia(( be reCunded to the pcoperry owners oti record at th� time of the refund evith intecest at the cate eamed in the city's res�rs�e accotutt app(icabie at the time af cefund_ ff the payment is not expended within tive years due to delay attributabie to the developer, the payment shalt bz retunded without interest (t� �Property owners entitled to a refit�d anci,'oc interest under the pro4�uions ot this chapter may voluntaaty and in �c•riting wai�e their right to a re[�rcvd for speciEed period vf time in the intec+est of pcaviding the aesigaate� capital improvement or other ca.pita.l imp�+ovement or program identified by the property owner, and accaepcabie W the city. . , � jgZ,The deve(oper may voluntariiy and in writing waiv� on behalf of the developer and subsequ�ent - puc�lrasexs the right to intecest and or a cefund in ocd�er to �acititate compietion of an impcoeremen� Uader no coudition shail such a waiver be required as a condition of approvaL Such waiver shaft be recocded w�ith the county wt�c�e the property is situat;ed and shall be binding on subsequent owners_ (3) Z'he developec or applicant may choose to pay a fee en lieu of reservation of a[1 or portions of open space � areas cequi�d if the appiicant offers to pay money in lieu of open space and if the city accepts tt� offer, the � amn�mt shatl be detecznined � tip�on the square faotage of open space which othenvise wou[d 6av�e been reqeiiced to be �ovided ticr�es tfie ti�► eurc�nt market value pe� �c}uare foot of simiiar(y situated propecty. (Ocd. No. 90-39, � i{22_50_lU -??.60.30), 2-27-90. Code 2�O1 3 t9-46.) Cross nfermte� Parks and cocreation, G7�Oe� 4_{� FWRC: she�s and s�walks, FWItC Tide �, Divisioa [t . uu�litits, EWRG 1"ttte i l; � 4��7/ re9u and � wara, stannvac� a� othec waterurays, (;hapter t 6.45 FWRC: �vbditi•isions� F WRC Titk l8; � � �u, Fw�tcc i9.as.33o u�ta�� ;�„�,� FWRC l9_lO�.OiO ��n, � �� a� district tegulations, FWRC {9. i l0.0�; land r�di6cazion restrictioas and raquiremznts, C�apter t9. i?Q FWRC• res�ictiau �e�udin� �, FWRC 19.! Zi_ l30 a seq_; site design rr.quir�tc fo� �viro�ily sensiqve areas, Chapt� i9.1 i5 EWRC. ��,��F��z9_��_��.� E��IT..�_ � PAGE�O�� `� __� P�� __�4° + _. CiTY OF E�DER.ai. �ti�a5c" p��rnrc cou��sstocv November �, 3409 City Halt 7:(30 p.m. c:ouncit Cham6e[s �EBTING �i[NUT�S Commissionecs pc�ent: E[ope Elder, Sarady Long, Law;on Bronson, T'om �+tedhurst, and Tim O'Neit_ Comm;cc�oners abs�tr_ i�{erte Pfeiter (ercw�d} anil Wfaqne CarL�on (exewed). Staff prese��t: S�ior Ptanner Margaret Clack, �iociate Planner Matt Herrera, Pi-annin� �tanagcr f�aac Conien, �si�tant City �ttomey Peter Becta�lth, and Admiautrative �asutant Tina Piety. Vice-Cha'a Elder ea[ted. the meeting to order at 7:00 p.m APPROV�[. OF 1VI(NUTES The minutes of October 7, 3009, �vere appeoved as stiritten_ Auu[Etvc� Cort�tErrr None ADNNaMMSTILaTE�E REPORT lVone CoN[M�ssto� BUStv�ss Pt1BL[C E{E�IRIlYG - Proposed Deferment of Open Space F ee-in-Lieu and Regional Storm�ti�ater Faatitc Fee Mr. Herrera deli�ered the statt pr�ientatioa Sta.Ef is recomn�uutut� diat time of coitzctioa ot the cec�� mitigatioa fee� for open space and storm�vater #aciluies be codiFed {Federal 66a} Revised C'ode jE4S� 4? r'; (9. t00.060)_ [n addition, the Coaunission u beic� asked to eonsidec cvhethzr to defer coitection of the mitig fees, namely the Qpen Spac� Fc�-in Lieu and Regiona[ Stocmw Eacitity Fee. These are not ma�datocy fee�_ `Che dzveloper I� a choice of pro� iding open space oc a stormu�ater detec►tion fa�iiir� (not �tt devetop�[ent, are cequired to provide open space and/or a detention fa.cility) or paying the miti�acion fe�,. Specificafty, the Commusion u asked to cocuidec ttie fotlo�ving (sta�f reeommends option :�! �oc bothj: • Qpen Space Eee-in-Lieu t_ Retain the current policy with no change; 2. Defer the collection to Certificate of Occ�an�cy; or 3. Defer to the point of sale • lZegionat Stormwater Eaci(ity Fee 1_ Rerain the curcent poticy with no change; 2_ Defer the eoliection to Cectificate of Occupancy; or 3_ Defer to the point ofsale Garrett Huff inan, d�faster Builders Association - He appreciates the wocE done by staff_ He feels thu is not the best time to consider this issue a� he u not pushing w chan,e. However d�efecring Qayment to the point of sale would help deveiapecs obcain fuc�ding. fie ha� no objection to option � t_ �.,��,.:��.��«.�.�� EXHI�IT�. PAGE.,,..�a�1� Pl:icu�in Commis;ion �tinutca � � • � Pagz _ NocembCr -i_ _009 PA�� r� Commi,sio� iYtedhur;t commeated that he agrees with retainiitg the cuccent poticy ut regards to the stocmwater facilitt bccau;e that u the point of impacE, but he do� not s�c a pcoblem with deferrin� the op�n space to the point ofsate. Efe sug�fated the city require that the enure fee be paid ui� the fu�i �aacy. tLtr. Herrera replied thac u u likety t[ie lot, cvouid be sald 6efoce a son�ctuce i; bui(t and defeaing ttte fee and ceQuiring the fust occupancy pav the entire fee �c mea�u the entire fee would fali upon one purcha�er_ Commusioner Bmcuon eocrunectted duc he does no[ see a prob[em cc�ith collectictg the opeet space piecec�.�t. [t would mean a smattec amount at one time, but the paymeew would come in o�•er a longer period of ticne i�[r_ Hetrera cesponded that tt�e fees may oaly be wed within a singt� park piannin� area in which they are coi(ected acui they must be �ned within tic e year;_ tt u uniike[}• that a small amount of n�ney w�outd be fc�.s�bie. Commu�iocier Long ast:ed if the a�noiint of the fees would change over time_ iti[r_ E[ecrera repli�d that he dofs not irnow for sure: [t ha, not been (egaliy tested if intlation can be added to mitigation fee�_ ivtr_ Huf&nan comniented that the cUy could con;idcr an adminutrative fee (of one to ttvo percent) to handte the defeiment_ Commissioc�r Loag wa, coc�emed that in the proposed amec�dc�ts to 19_ l00_06fl(2�j w codify the policy of hou feo are pr�,ently callected, it ends with, `'_ ._ oc as othecwise determined by the Public Worl� Diractoc_" He is c�o�uou�d that the dirzctor could use this to defer the faz, � is opposite of tt� staff s ceeomcnec�dation. Nis. Clark eommeceted that stat�fadded that pt�ca,e because tiiey cannot anticipate ati pouible scenarios. Cammusioner R�[[edhuc;t moved (and it �cas secondecfj to cecocnfn�nd adoption of Option � 1(curcent policy ) in regacd, to the open space fn-in-[ieu, uith the addition of the new tangua�e codifying hou fees ace coQact�d. Commis,�ioner Long,noLed {and it cvas ,econder� to arnend the motioa by cemoving the pha,e. `-._ _or as othzxwise detzrtninzd bc- thz Public 6ilocbs Director, Erom EWRC 19.1U0.�60(?)�b). Commissioner O'Nzi! dozsci t s� a Rrobtem i`ith the lan�'�z f{z f�is it cnaGes the re�u(ation more tlexible, tivhich he tik�.;. Cociunusioner Long conuneuted that he feet� Ef�at the ian��u:s�e u incoiuiscenc «�th the intent of the staft s cecominendation. Vicz-Chaic Eidec catied tor the rote on the amendment [t car�ied unanimocufy. L'ice-C[�ir Etder ca!leci far the c•ote on the motion as amended. It carried ea►animoiuty Commu�ioaec Bronson mover! (and it ct•as,econder.� to rzco�nmend adoption ofOption #((cucrent Qoticy) in cegacd� to the cegionai stormwater faciiity fe� �cith the addition of the new l�nguage codif�dag how fees are collected but deteting the phra3e, -`. _.or as odiu��ise determined br the Public �Vo�G.i Di�ector, from the proposed FWRC t9_lOEI:Q60�2Kb). There «as no diseussion Vice-Cliair Etdec catted foc the vote on the motion and it carried unanimow(y_ The public hearing was c(osed. ADDfT[ONaL BilS[NESS . Mr. Con(�n s-tated titat si� Mvo Cominissionzrs ara unable to attend tonight's meeting, staff decided it woutd be be,t to c�efa the eiection of offcers until the next meeticeg. r� tneetiag cou[d be hetd just for the etectian if there is mo other busines; in Decembec: Auut��vCE COt�rt�r None ADJO[JitN T#�e meeting was adjoumed at 7_SU p_m �.�'°``�'.��',��.��` EXHIBIT� PAGE �_ � ___O��- ��_ ii ��c . �� __ , � oRnr��v.a.ivcE vo. alY ORI}INA�YCE of the City of Federai F'4`ap, �Vashington, relating to the timing of open space fee-in-lieu and regeonal storm�vater payments to the cit�: ameadietg FWRC I9.t00.060 {,��nending Ordinance Yo. Ord. iYa 90-39) WEtERE�S, the Eity recognizes the ueed to periodicatly nzodifv �Citie 19 of the Eederat ti/ay Revised Coda (EWIZC) �'Zoning and Dea Coefe_� in ocder to coafocm to sta.te and Ezderat ta.cc_ codify-admiais[rarivz ptactices, ctarity and update zoning reguiatiocn a� deemed necessary, and impGOCe the eEfccieney of the re�tatioc�, and the decetopmeat reviecc process; arni WE�REAS, ttiis ocdinanee, containing am�ndm�nt, to dec• ce�ula�iocu and the telct of Titte !9 FWRC, has coc�lied. with Process V[ review, chapt� t9.SU FtVRC, puFSUant to chapter 1435 FWRC; and �VHERE:�S, Ehe e�cisting methods of r�uti�ati�n ordinance does noc address the cucrent adminutratic�e poticy foc the timing of open space fze-ici-Lieu and c�iac+�( �tarme4ater fee payments cvithin the City ot Federa[ 64ay; and S�VEtERE:'1S, it u en the pubiic icuere�t for ttie City Councit to adopt ae�c- amendntzats fo� the F�4tZC 1Nt1tC�1 estabtuhes dece(opinent r�uiations for tt�e tiaun� o� open �pace f�-in-(ieu aud ce�ioaaf stocmwater Eex payments svitiun the City of Federat 4�'a�; and WE[EREt1S, an Environmenta[ �'hreshold Decermination cvas not necessary-as the po(icy is related solety to_goveramenta( procedures, therefore catego�icalty �.�cempc from the State Envuonmentat Poticy AcC and WHERE�S, the Plannir� Commission proper(y eonducted a duly noticed puhtec heaciag on these code amendments on NoveEnber �, 2009, a.c�d fonvarded a recommendatioa o€ appro� to �odify i�e existing practice to the City Council; and t�EiEREAS, die Laad UselTransportation Comcnittee of the Federai Way City Councit consid�ered these code ac�endm,eats on November ! b, 2009, and cecomEnended adoption of the teu amendrneats as recammended by the Plaaning Coan�nrssion; Or�aaRCe No_09- �age l oj d G/` ��'� ,, 1 ' ��♦— �PAGE Z� 0�� P.�� - �� NOi�V, THEREEORE, THE C[Tlr" COUNC[L OE THE CTCY OF FEDE[L-�L 6VAY. W�SE[NGTON, DO ORD�IIIV �S FOLLOWS: Sc�ction t. Findin�i. The Cit�• Counci! of Ehe City of Fed�ral 1��ay aiakr� the EoHouring findit�} with respect to the proposed amendment�. (a) These code amendmecus are in the best inteczst of the residents of the City aad wilt benefit the City as a cvhole by pcoviding assurance the city receives miti�ation paymena for �en space fee-in- tieu and regional stoc�rnwater faciliry fees_ ' (b) �uese cod� amendmerw comply with Chapter 36.70:� RCW. Cc�owth i�+[anagecnenG (c) These code amend�t�nts are coosistent with the intent and purpose of Title 19 FWRC and cviil i�tement and are consistenr cveth the appticabie provisions of the Eederat Way Coc�rehensive Ptan. (d) Thes� code acnendment� bear a substantiai re(atioaship to, and w prote�t and aot adverse[y affect, tEte pubtic health, safery, acui cveitare. {e) �I'hwe code amendmecit, ha4 follocved the proper p�ocedure required under the E�V[ZC. Szction ?. Cociclwions. Pursuanc io chapter i9_80 FWRC and chaptec i9.3� FLVRC, actd ba�d upon the recitaf� and the tindiu� �z[ forch in Section i, the EedecaE LV;�y City Cauncii nrakes the fol[otic•ing Conetusiocu of Latti- �vith respece to thr d�eisiona( criceria ne�;essacy �or tiie adoption of the propa,�d ameadments: (a) T'lie propased F6VRC amznciments a.re consutent with, and substac�tiatty imptecnent, Hte folLac�ictg Federat Way Compcehensicje P(�n goais and poticies: CFPI - Pro�zde needed public facitities and servic�s to icr�lement the Federal Waj Compreh�nsice Ptaa CFP6 - ProEect invesements in existiag facilities thtough aa appropriate lec�el of crraiatenance and operation Cunding_ CFP13 - Pro�idc the capita.l Faciiities needed to serve the future grow�tte anticipated by the Eedetal �Vay Cocr�cehensiVe Plan Orfirnarece �1/0.09- Page ' of � P•ev ?�ih LL' EXH � � 1�.�_ PAGE�Q��i �� d� � � _ —_ P��.—�—��. � (b) The proposed FZV[ZC amendcnenc bears a substanriai relatiocuhip to the pub(ic health, safety, and c4elfare a.i t[� current point of coI(ection Qolicy e�uures payment, prarects teye! of service and procides coruistenc5°_ tc) The proposed amzc►dment is in th� best i�terest of the public and the residents of the City of Federa! Way as the current policy a�ur� payment of regiona.� stormwater fees at the point of in�act and assurac►ce tha.t open space Eee-in-ti� u paid Section 3_ FWRC L9.lOQ_06d(2) i� hereby amended to cead as fotlows: in lieu ot dedication of land or to mitiga.te a direct icr�act thdt has beea identified as a coruequence of a pcvposed de� eiopment. thz ciry may approve a voluniaiy payment agretment, if deemed necessarv, with the de`etoper, provided no sucti agreement shat! be required as a condition of apQroV and stult be subject to the foltowing pcovisiom: Sectio�i �. Chapter L9. i00 ot the EtVRC u hereby amended to add a nzw ;zction t9_ !00_U60(b) to r�ad a.s follo�4 Unl�� c�c[ierwlse s[iputaced in the F�ii [tC open space fee-in-lieu pa� ment siu�tl be made pcior to. p(a[ rzcordin�tur land dicision and stormc4atec ma.na�einent fees shali be aude at en�ineecinQ �pro� for pta.ts a.ctd buildici,�ermit i�suanee tor atl other dec�etopmenL Section �. Szc'erabi(ity_ The proLUioc� of thu ordinance are dectared separate and severabte. The in��atidit�• of any c(ause, sentenee, paragraph, subdivision, section, or portion oE this ordina.nc � oc the invaticlity ot the apptica.tioa thereof to a.ciy pecsan oc circumstance, shatl not affect che validity of the cemainder ot the ordinance, or the va[idity of its apptication to any other persous or eircu�canees_ Seetion 6_ Correctiona_ The Ciry C[ert� and the codifiers af this ordiaance are authorized to make necessary cocrectioas to this ordic�ance including, but noc [imited to, the cerrectioa of scrivenerlcterica( errocs, references, ordina.nce aumbering, secrion.�subseetion numbers aczd. any re€erences thereta Section 7. Ratification. :�ny act consistent with the authocity and prior to the effectivc date of this orc�inance is tcereby ratified and aff�mned Ordinattce Nn f14- Pag� 3 0/'l �� PAGE�a�.?� . E��'- "! ` � . �A��_ -,...�� -. Sc:ction 8_ Effective Date. Thu ocdinance sha.lt be effecti�°e five (�) days after passage and public as pcovided by iaw: P:�SSED by the City Cuiu�ci( of the City of Eederai t'Vay this �� CITY OF EEDER.�i. �'V�Y MAYOR, JACIC DOVEY ATTEST: CCI'Y CLERK, CAROL �iCNE[LLY, CMC APP[ZO�'ED �S TO FOtt�t: C[Z'1�'�TTORNEY. PaT'2EC[_�:�. RICHaRDSOIv F[LED 4VCCH THE C[TY CLERK: P.4SSEU BY "CHE C[TY COUNC[L: PUBGiSHEQ: EFFECTiVE D�1'E: OR.DQ�(AI�iCE NO.: te.�ew9 e.oaa �mdm�Ua�a Fee eui�orGea�io..wiC.use ne Fu rr,,nme ocut oremanes ��e Ordirnaace Ko.09- Page � of � day of x�.� i:� Lc EXH1�31T�. PAGE 23 �� -� CIZY OF � ��ra� �I�ay L�,VD USE/TRAN�PORTATtO�f COM��IiTTEE STAFF REPORT n;TE: December l 2009 TO: Chaic Linda Kochmar, Committ�e Membtrs Jim Eerre[i and Dini Duclos Vt.a: Bcian w'ilsor�, [ntenm City Mana�er �� !��'�� ERO:+t: Grea Fewins, Director ofCommunity �z openertt Se��s Matthew Eteirera. Associate Plannz� Sti�ECi': Eoliow-up t� Yocetnber 16, ?009, Land (ise� t'ransportation Committc� (LUI'C) �teetiag re�arding the Defermeat oCOp�n Space E�e-in-Lieu and Regional Storm�vater E�aciiity Fee ��tEETG`G D:�TE: December 7, 2009 �. Po[.�c�� Qc;ES�r[o�� Shou(d che Gity adopt a policy to defer the paymer�ts of opzn space fcY-in-tieu and regionat stormwater facility tees to a time later in the development pra:ess, or should the city maintain it, current �(ic}• of coliectio� of open space fee-in-iieu prior to plat rzcoc�ding and cotte�;tion o�regional stormw tees prior to engine�ring approval`' Further, ;houtd th� City add tanguage to Ferleral t�ay Revised Code (E4VRC) Chaptec !9.l04, "Miti�-a.tioci uf Derelopmeut Impaets" to codify the existina poiicy, if this option is chosen? B_ BacacROUVn The La�d UseiTranspottation Comctzittee (LUTC) coru�dered the aboti°e poticy qu�stion on Monday, �Vo�ember l6, 21M9. `Che eommittee cequested cvritten respon�s t�om Sam Pace of the Seattle King County Realtors and Garc�tt [{ufFinan of the Master Buiid�rs :L;sociation outlining their respective of�ar�izations' positioQ reaacdinD the deferment of cegional storm�cater fees assessed by the city. T'he committe� directed staf�f to obt�in and then Eoruard tho� responses to the December 7, 2009, LUZ'C meeting_ As stateci in the attached letters (Exhibits � and 6) Mr_ Pacz and i�ir. E{uffmaci tEave r��uesce.d the ciry defer the coltection af regiona.t stormwater fees to th� point of sale for single-family c�esidential de�;�lopment and Ce�i�icate of Occupancy foc commzrcial and multi-famity deveioperient �X�� . . _ �� of, PA�E ?`� 0�— The folto�c responds to a question raised durin� thz �tot°ember 16� LUI'C m�eting r�ardia� sp�.�:ifu: costs of thz re�ionai stocmwater faeility f�e. List�d in t#►e table below are rc�ional ponds that can br ut�tizzd by de�-eioprnent to pcovide ot�'sitz stocm�ti�ater Elo�c. To atilize th� ponds. the decetopmant must be tivithin one of the three basins and pay the associated pzr acr�e tee_ The fee- i�-tiru ii calcutated based on t#� entire area of the parcets being developed_ Reaional Poad Cosd�cre Kito Comer $3J00-S12,83 Panthzr Lal:e S 1,7?8 SL1� 3�0 St $7,597 Eunds Shcl Owed to P�t' Trust Fuad � 1.393.;00 (S 198K pec year �vmznt} C. PL.�t:Y4�iG CO�t�t[SS(OY RECUl1�ti�tENDATtON The citv's Plac�nina Commission �ecom�nends the city rnaintain its cu�rent policy of collection of open s�ce fee-in-iieu prior to plat recording and collection of regional stamwatec fees pcior to engineering app�o��al. Furtfler, the P(anning Commission �.rommends adding tac� to F��'RC Chapter t9.104. "N[iti?ation of Decetopment [mpacts" to codify the existing polic}• as sho��n in the draft adoption ordtnancz. Pubiic t�'ori:� staft concucs with the P(anning Comcni�sion rec:ommendation that the re�ionat stAe tze col(ec;tion policy remain at engineerin� apprutal due to the foltowiag: Draina�e imp:icts occut as soon as site cle:arin, b�ins. T'h� dzvztop�r is not required to utiliz� dzt�ntion capacity �vithin a regional pond. Shoutd thz deceto�r choose, on�ite cietention can be uszd to meet tlow control reqairements. Etac•in� a dcc cvithin a basin that drains to a re�ionai facility alto�:s the d�c t� szlect th� (east cost oprion The Surface Water Uti(ity witl continue to mak� payments of approximately � i98,000 per y�ar on the Public 6Vocks Teust E�.ind loans, wzcl to construct the [Citts Cornec facility and con�e}•ance improvements in thz associated �s-atershzds th�u ?0 t9_ �c-•�ovc,e� ��r� �« r..�.� c�w.wrc�� urc �,.,� � Thu raa,e u ba�ei on the wbjzct propext}'s discance w tha facilitv_ Tha furth�� thc prupertg u from tht tacitity. the tu�r tt� cos[. This ii �t'toi�it�c�3� �fia�Yuaure impmyetraent cosG� [o oon`ty the �orm.a2�ter. , __. ._._....-..,..__. _: , � ... . . .. - s _: .. . Pa�e'-Of'- �� .� . .�.....:. < .. : _.._. . ... . .. - • pA�F.�o� �. � � ��IASTER BU�LDERS �5St3 L1ATiUN �- \o:°,°mber 30. 2009 Lintia Kxttmar, Chair Federal w'a} City Council LUTC 3332� 8th Ave South PO 8�x 971$ Fzderal «�ay, WA 9806�-9718 DEL[VERY: e-mai! clo Tina Piety at: tin�c.�ietvt�'citvoffecierl(wa�.Lam '�ia,:_. : i�i�c:r:c :1;:n�i_!�c . ._.� i�it� �:93(1 ?f10ilU:i.t�_: .ii :t1:t� � --- "s I: t:a .1:-e. SF: 3=1__r:._.'.1'a�� i�:�:a.x �v�J� :i ;, "t;l-'y=i; .' {h(){ij j"�'_:'ri {-7'ie Zi-#h-itJ:ji . :i:. '.�'idtiter.''t1�St3�C; iil.sc±��.)Ji3 _' RE: Timin of Cotlecti�n o tormwater Fees `f i n j f s+`.rl�_ %f%r}t � Dear C� .l�cSchmar, Cou��ber Ferrell, and Couq,c�i�et�r Duclos: On bei►alf c�f tEie mare thao 3.9QQ members of the tiiaster Buitders �ssoci�ti�n of King and Snohomish Countizs (MBA}, i am writina to you (as you requested at the mast recent meetin� of the Land C;se and Transportation Coininittee; to follow-up on the issue of ticr�ing forcoltection of :t�rnnvater fees. A� y�u know, tE►e requect for th� C;ity t� defer the collection of Stormwater Fees until niuch iater in [he construction pra�:ess is p�rt of a series of recommendations I made to the City last January fuc IocaI Economic and Housing Stimulu.s Options. My �aekage of recommendations inc[uded a;imil�r request r�gardin� other fee� imposed an nec+%ly canstruec�d homes - such as the Tran.Sportation [m{�act Fee - and we appreciate the actiori the City has taken recently regardinb the Transgortation Impact Fee_ 1'�ith regard to the deferring the coltection af the �'tormwater Fee uatil later in ttte construction proc�ss, piease permit mz to make four paints to augment and clarify rny remarks �t the Fianning Commission: First, to my knowlecige, I do not have cnembers with projec€�t cairently in the deyeioprnertt pipzline in the City of Fecieral Way, That is the reason I was witling for the m�tter ta be deferred untit this coming summer (aiong vsritfi the other remainina reconlm�ndations in the Eeonomic and Housing Stimulus Qptians}, rather than actin� immediatel��. [ understand there was some contusic�n ahout �hether or not we wautd snpport a delay of two �e�trs. We woul� not. Be�au�e u•e dc� nat ha�e projects in the pipetine in Federal V4'ay at the moment, I felt a detay untit this sun�mer w�; probaMy doable, ttut not a delay of two years. E�� Qi�1G��_ �!`.� ._ MBA Storm��vater Coliection �ee Ltr Page Two 11/30f 2Q09 Second, orie of ti�e reasQ�s it is important to move foruard witli uur reconuneadations in Economie and Housing Stimulus �ptions i� that buildzrs tace a huae �urdle tryin� to raise capitaE wh�n they approach a lender for project �nancin�. The IzsS a builder aeeds to raise up front - and cao pay at the ead c�t ttie eonstruction p.racess - the niaca iikely helshe is al�le to obtaining tinancina. Another way to view it is the loan aoes on the nev� homeo.wners crerlit card, not the builders. This not only helgs the Buiider, it a(so helps the City beeaus€ when ne�cF prajeets bet built and so�d they: • Increase the Cit�='s groperty tax base ■ Provide new constt�uetian property taac reveE�ues in tl�e year oE construcrion in excess of the l 9'c limit • Yrovide saies ta�� rev��nues on construction materials (if the construction maeerials ate purchased in the Gity or delivered to the construction site by the m�tecials-selter, and ■ Provide new REE'C �even�es to the Citv. Third, the City �.vould be a61e to ensure cotlection by a lien on title that would be due upon the sale of the home. Two additional rnatters sh�u(d be noted here: ■ In the absence of some other mechanism to provide "certainty of eoltection" on muiti- f�unity rental projects and commercial projects, we �iould suppQrt the Stormwater Fee being clue and pa�ab[e as a coudition for issuence oC a Certiftcat� of Occecpurae�� (CO) an multi-family and coinmerciat projects, and • In th� event it may be of assistance [o Staff and the Council, cve antic:ipate providing you with a draft ten3plate tot a City Lien for Stunntit�uter Fees Due Upon First Sate that may be ot some assistance to your City Attarne}�'s office in impleinentin� thci ardinance_ Fourth, I agree ccrith Mr_ Pa,ce (w�th the REALT�RS�) that a�ood rea�on for the City to move fonvard at this time is that iE Fec�ecal Way has this item in place, it «�i(1 help to cnake tfie City af Federal Way more attractiue as a ptace fac businesses - including builders - to invest new private capita! compared ta some other eity that has not taken advanta�e of this opportunity. Tttank you for the opportunity ta prov'tde these adciitional eommen[s_ Should yau have any questions or concems, please feei fm.e to eontact m� at {206) 60�-8877 or �huff�an C� mbaks.com. Sincereiy. c�,,.a.J` � f � i 'r"'�s' f r f'rarrett J. �-Iuffman South King & Seattte Manager ¢ EX�1�� PA�E�� 2�' TO: Hon. Linda Kochmar, Chair, & Federal Way LUTC 1�'tembers; do Tina_E'�c:v::c Citt�OtFc�ierai W'a�•.cum ERO�•i: Sam Pace, Housing Specialist, Seattie KingCo�enty REALTORS� RE: Timing of Collection of Stormwater �titigation Exactions DATE: rovember 30, 3009 PaCE_ '_ of 2 revenues (which help to fund many of the City's capital costs associated with infrastructure improvements to accommodate economic growth), and construction-related property tax revenues in excess of the t% limit, are all dependent upon the recovery of rea! esta.te. As [ explained in my testimony to the LUTC on November i6th, REALTORS� supported cotlectin� the new transportation impact fee as late as possible in Federal Way, as long as the City required the builder to clear the City's lien &om the title to the home before the lst buyer of the home received title. Delaying the collection of that payment until closing minimizes the impact of the fee on both the builder and the new home price (because it eliminates the interest carrying cosC on the fee). The same rationale applies to Stormwater Fees, only more so. Why? Because the Stormwater Fee is merely for cost recovery in connection with faeilities that have atready been constructed arid are aiready in place to serve the new development. As a result, the timing of the collection of the Stormtivater Fee wili not affect water quality or the management of stormwater because the City's t�vo stormwater facilities have already been constructed and are atready in-place. Given the uncertainty of how long it wil( take the new construction housing market to fully recover, the proposed change for Stormwater Fees collection would help to encourage buitders to begin building sooner rather than tater (by minimizing the potential for ionger interest-paying hotdinj periods on front-loaded fees) and help to enhance the ability of projects in Federal Way to obtain tinancing. �Vith regard to the staffs concerns about "certainty of coilection" on multi-family and commercial projects, we concur with Mr. Huffinan that: In the c�bsence of some other mechanism to provide "certainty of collection " on multi- . famity> rental projects and commercial projects, rve would support the Stormwater Fee heing de�e and payable as a condition for issuance of a Certificate of Occupancy {CO) on multi fantily and commercial projects. If you have additiona( questions, comments or concerns, please do not hesitate to contact me. Sincerely, SEATTLE KINGCOUNTYREALTORS� �. A� Sam Pace, Eiousing Speciatist 29839 - 1 �=lth :lve SE Kent, �V� 9SO�t2 Sa�nPacefu;Cancentric.net (2�3)630->j41 cc: David Crowell, JD, SKCR Director of Governmental & Public Affairs SKCR Governmental Affairs Committee �� PA�� Exhibit IV Planning Commission Staff Report & Minutes January 6, 2010 , ti ;�. _ ... ;# � ,' � � PLANNING COMMISSION STAFF REPORT DATE: Dec�mber 30, 2009 To: Chair Merle Pfcifer and Members af Ciry af Federal Way Pla�ing Commission FLtoM: Greg Fewins, Director of Commiznity Development Sexvic� Matthew Herrera, Associate Planner SUB�cT: Deferment of Open Space Fee and Regional5tormv�rater Facility Fee MEETING DATE January 6, 2010 A. PoLlcy QuESTTON Should the city adopt a policy to defer the payments of open space fee-in-lieu and regional starmwa.ter facility fees to a time later in the development process, or should the city maintain its current policy of collection of apcn space fee-in-lieu prior to pla.t recording and collection of regional stormwater fees prior to engineering approval? Fiuther, shoutd the City add langua.ge to Federal �ay Revised Code (FWRC) Chapter 19.100, "Mitigation of Developmeirt Impacts" to codify the existing policy, if this aption is chosen? B. ATTACHMENTs Exhzbit I— Packet far December 7, 2009, Laud Use Transporta.ti.on Committee (LUTG� Meeting Ex�tubit II— Packet for November t6, 2004, LUTe Meeting � Exhbit III — Minutes for the November 16, 2009, LLTTC Meeting and Draft Minutes f� the Decembe,� T, 2009, LUTC Meeting C. BACx�toar�n T`he prc�osed code a.mendmen#s to retain the existing policy of acceP�S aPen space fee-ia liev. PaY�� Priar to fina.l piat reca�ding aad stormwater fees prior ta engineering approval were prescnted to the Planuing Commission at a November 4, 2009, public hearing. At that time, the Commissian recommended. that the city maintain its cturent policy related. to collection of apeu space fee-in lieu and regional stormvv�ater fees. Further, the Planning Commission recommended adding language to FWRC Chapter 19100, "Mitiga#ion of Development Impac�s" to codify the existing policy as shown in �e draft ado�rtion ordinance (Exhibit 4 of Exhibit I�. The Planning Commission's r�ammendatiun (Exhibit 4 of Exhibit In vvas presented to thc LUTC on November 16, 2009. At tha.t �eeting, Sam Pace of the Seattie King Counry Realtors stated that theae ��l�' �� G� �_��._ was a stronger case for retaming the policy of collecting open space fee-in lieu payments prior to plat reco�rding but requested that the region� stormwa.t�r facility fees be collected. at Certificate of pccupancy. The committee then requested that staff obtain written resPonses from Sam Pace of the Seattle King Couuty Reaitors and Gasett Huffn�w of the Master 8u�ders Associa:tion outlining �heu' resgective organizations' .positian regarc�ing the deferment of regional stormwater fees assessed by the city. 'The comr�a�ttee directed staff to fc�watd those responses to the December 7, 2009, LUTC meeting. As stated in the aitachod le�ters (Ex�nbits 5 and 6 of Exhibit n Mr. Pace and Mr. Huffioan have requested the ci�r defer the co�erxian of Fegional ste�mwater fees to the point of sale for smgl.� family residential develop�t and Certifica.te of Oc�upancy for commercial and multi-f�nroly develcypment pn Dece�er �, Zpp9, gogflwi�g testin�n.y .from Mr. Pace, the LUTC referred the praposc,d d�veiapment regulation amendmea� back to th� �lamring Commission for fiuth� proceedings p�suant to City Coimcal action provi�ic�ns withm FVVRC 19.80.260(3)(� (Exhibit In. D. STAFP', RECOM111�E1VDATION The staff recommendation remains u�ng� fram the original November 4, 2009, Sta,�`'�rt tr� the Pdanning Commission. That report recommended retaming the c�T�t °P� SP� f�`�� regional stornawate,r Facilitq f�e collection palicy with no change. E. pLpNNIlYG CONIlVIISSION ACTION Consistent with the provisions of FWRC 19.80.240, the PlatminS Commission may take the foIlowing actions regarding the proposed d�velapment regalation amendments• 1. Open Space Fe�in-Lien a. Recommend to the City Council tha# t�e exisnng Policy of accepting open space fe�in lieu paymen#s prior to final pla.t rer�ding be retained. and ti�at the lan.guage be clarified as shown in Exlubit 4 of F.xhibit II. (This is the original Planning Commission recamroo�ndation-) b_ Modify the Planning Com*n;�.Cion's originai recommendation and forvvard to Goun�cil- c. Forward the policy questioa to the City Council withwxt a recommendation- 2. Regional Stormwater Facility Fee a. Recommend to the City Cotmc� that fhe existing Policy of accepting storm�water fees prior to engineering aPpmc'al be retained and that the ianguage be clarified as shown in Exhibit 4 of Exhbit II. (This is the original Plauniug Commission recommendation.) b. Modify the Planutng Commission's original recommendation and fora+ard t° C°u�cil. c. Forward the poficy question to the City Council without a recommendation. g;Ytpp9 Code pman�entsUa�sd Fee Point of ColleclioatPlauning Commision�A10610 Sfaff RepotCdoc i �� PACE�_J��_ CITY OF FEDERAL WAY PLANNING COMMISSION January 6, 2010 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merie Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Tim O'Nei1. Commissioners absent: none. Sta.ffpresent: Community Development Services Director Greg Fewins, Planning Manager Isaac Conlen Senior Planner Margaret Clark, Associate Planner Matt Henera, Associate Planner David Lee, SWM Project Engineer Fei Tang, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Merle called the meeting to order at 7:00 p.m. APPROVaL OF M[NUTES The minutes of November 4, 2009, were approved as written. AUDIENCE COMMENT None ADMINISTRA�[VE REPORT None COMM[SSION BUSINESS ELECTIONS Commissioner Bronson nominated Hope Elder as Vice-Chair. T'here were no other nominarions. The vote was held and she was elected unanimously. Commissioner Bronson nominated Merle Pfeifer as Chair. There were no other nominations. The vote was held and he was elected unanimously. CHAIYGE TO PLAIYNING COMMISSION RULES Ms. Piety explained the proposed changes and reason for them. There are three proposed changes_ Staff is proposing to change the time of election for officers from October to the first regularly scheduled meeting of the year. Holding elections in October is not intuitive and many times staff overlooks scheduling elections at that time. Staff proposes to not state a particular month because the Commission only meets when there is business to be conducted and they may not meet in the month named. Commissioner Elder commented that it is a good idea to hold elections at the first of the year because new Commissioners are appointed in October and this would give them time to get to know those who are nominated and be able to make an informed cfioice. The second proposed change is to delete the word "tape" when it appears before "recording." The meetings are and will continue to be recorded, but theyare digital, not tape, recordings. The third proposed change is to deiete "Process N" when it appears before "review." This refers to the type of land use process and the specific number of that process has changed. Staff dces not propose to change the number (simply delete it) in case it should change again in the future and because the word "review" by itself is an adequate description. Commissioner Medhurst moved (and it was secondec� to adopt the purposed changes to the Planning Commission Rules as presented. The motion carried. � �� - K\Pl�ni�Cor+mvssion�2010:MeetingSummary01-06-IO.doe �A��.� ��'�" Planning Commission Minutes Page 2 January 6, 2010 PUBLIC HEARtNG — Proposed Deferment of Open Space Fee-in-Lieu and Regionat Stormwater Facility Fee Mr. Herrera delivered the staff presentation. The Planning Commission held a public hearing on this issue on November 4, 2009, and recommended to retain and codify the current policy of open space fee collection prior to plat recording and regianal stormwater facility fee collection prior to engineering approval. Following the Planning Commission recommendation, the City Councit's Land Use/Transportation Committee {LUTC) has held two public meetings regarding this policy issue. At the November 16�' meeting, the committee requested Garrett Huffman of the Master Builders Association (MBA) and Sam Pace of the Seattle King County Realtors to submit written comments on the issue and present those comments at the next LiJTC meeting. At the December 7`" meeting, Mr. �-Iuffman and Mr. Pace submitted comments proposing to defer the regional storcnwater facility fee to point of sale for single family residential and Certificate of Occupancy for commercial and multi-family development. The LIJTC then returned the item back to the Planning Commission for further proceedings. Staff's recommendation remains unchanged from the original November 4, 2009, staffreport to the Planning Commission. That report recommended to: retain and codify the exisring policy of collecting open space fee-in-lieu payments prior to final plat recording; and retain and codify the existing policy of collecting regionai stormwater facility fees prior to engineering approval. Garrett Huffman, Master Builders Associat�on — He commented he is confused why this issue has come back to the Planning Commission at this point. It is his understanding that the council feels all fees the city collects should be done through escrow and that they will be requesting staff to prepare an ordinance regarding the collecrion of all fees. Given this, it seems the Planning Commission should wait on this issue until the future ordinance. Mr. Herrera commented that in regazds to the School Impact Fee, the Federa.l Way Public Schools implements the policy and the city simply collects the funds. In 2009, the council adopted an ordinance in regards to Traffic Impact Fees and when they will be collected. That ordinance becomes effective in June 2010. The only two fees in question in regards to when they are collected are the open space fee-in-lieu and regional stormwater facility fee. Mr. Fewins commented that staffunderstands that the LIITC's request is for staff to re-present the question of when open space fee-in-lieu and regional stormwater facility fees are to be collected to the Planning Commission and to include the comments from Mr. Huffman and Mr. Pace, which the Planning Commission did not have at the last public hearing. Mr. Beckwith concurred. Commissioner Carlson commented that he is also confused because he thought that in the future all fees would be in the same section of the city code. He does not see a need to collect all the fees at the same time. He feels fees should be collected when the impact occurs. Chair Pfeifer went over Mr. Pace's comments and stated he agrees with them on the surface. Commissioner Bronson commented that it is his understanding that a developer has a choice about whether to build their own stormwater facility or use a city facility and they would only pay the stormwater facility fee if they chose to use a city facility. He dces not think it is unreasonable to request the funds be paid up front. Commissioner Elder commented that she feels the Commission made a thoughtful and right decision last time and sees no reason to change that decision. Commissioner Long commented that stormwater facility fees are comparatively small and he sees no reason why they cannot be paid up front. Commissioner Bronson moved (and it was seconde� to recommended adoption of the staff's recommendation (Option 1) for the open space fee-in-lieu. The motion carried unanimously. Commissioner Bronson moved (and it was secondec� to recommended adoption of the stafPs recommendation (Option 1) for the regional stormwater facility fee. The motion carried unanimously. tc�Pla�m�ng con.�assio��2o�aM�a�g s�nunary o�-06-�o aoo E�f�� PA��_� t�� Planning Commission Minutes Page 3 January 6, 2010 The public hearing was closed. PUS[.Ie EIEA[zIYG — Amendment to Expand the Size of Health Ctubs in the Neighborhood Business (BN) Zone Mr. Lee delivered the staff presentation. He went over the background of zoning for health clubs in Federal Way. Currently, health clubs are allowed in the Neighborhood Business (BN) zone with a 25,000 square foot maximum size limitation. In 2008, a health club facility applied for a variance to exceed the square foot limitation to occupy an existing vacant 43,061 square foot Albertson's building within the BN zone. The application was ultirnateiy denied by the hearings examiner. The city wants to improve the occupancy of larger vacant buildings (such as the vacant A(bertson's) and the tenant spaces in the BN zone, many of which were built prior to the 1990 incorporation of Federal Way_ The proposal is to amend the Federal Way Revised Code (FWRC) Chapter 19.215 related to the size of health clubs in the Neighborhood Business (BN) zone by adopting one of the following possible options: 1. Remove the square foot limitations for health clubs in a(1 BN zones. 2. Remove square foot limitarions for health clubs only for those parcels in the BN zone located in the vicinity of 2l�` Avenue SW and SW Campus Drive. 3. Increase the square foot limita.tions for health clubs in all BN zones to 45,000 square feet, or; 4. Ailow health clubs of more than 25,000 square feet within atl BN zones with a Process N Hearing Examiner Decision and decisional criteria to assess potential impacts to adjacent residential zones. Mr. Lee went over the pros and cons of each option {found in the staff report). Staff recommends Option #2 because it serves the greatest good with the teast amount of impact. Mr. Lee aiso stated that the city received three email coxnxnents which may be found attached to the staff report. The meeting was then open to public comment. Michael Chen, Group McKenzie — He thanked the staff for their work. He supports the staff recommendation. Laurie Montgomery, Lighthouse Laundry Owner — She commented that the Albertson's building has been vacant for over three years and has had a detrimental effect on all businesses in the area {gra�ti, vandalism, etc.). Other shopping centers in the area have been recently remodeled, leaving the Albertson's area looking bad in comparison. It would be a win-win situation to have a health club in the old Albettson's buitding. She and her husband (Patrick Montgomery) support the proposed amendment. Commissioner Elder expressed concern that the city would be "spot-zoning" with this proposal since it only affects health clubs. Mr. Beckwith replied that since it does not identify a specific site, it is not spot- zoning. Commissioner Elder asked if the city is discriminating on behalf of health clubs. Mr. Lee replied that different zones throughout the city have different size requirements for different types of businesses. Commissioner Bronson commented that there are only about six or seven properties in the entire BN zoning districts that can accommodate a large building. Given this, he suggests the Commission consider Option #1 (removing the square foot limitation for health clubs in ail BN zones). Mr. Lee commented that staff has not analyzed all the BN zones and therefore, do not know for sure if there are only six or seven properries. Commissioner Carlson agrees and stated that health clubs are a good fit for neighborhood businesses. Mr. Fewins commented that staff dces not object to Commissioner Bronson's proposal. Later this year, staff Ex�� - K:iPl�ningCortrAission�2010�MatingSurtnrary0i-06-10.doc �� Planning Commission Minutes Page 4 January 6, 2010 intends a more comprehensive analysis of the BN zone, which may lead to additional proposed amendments. In the meantime, the city council directed staff to address the health club size issue, hence the current proposal. Commissioner Medhurst commented that the proposed amendment could help alleviate tra�c in the city. center by keeping people closer to home. Commissioner Carlson moved (and it was secondec� to recommend adoption af Option #2. The motian carried unanimously. ADDITIOIYAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting �vas adjourned at 8:00 p.m. x �y co�,.�s�onuo�m.�,g s�,ary oi.oe-to.aoc �� !"�� l0 , COUNCIL MEETING DATE: ��A �� Q _ CITY OF F DERAL WAY CITY COUNCIL AGENDA BILL iTEM #:_ �_ __ .. ...__... . _ _. _.. SUBJECT: AMENDMENT TO EXHIBIT A TO THE CITY CENTER PLANNED ACTION ORDINANCE PoLICY QiTESTiOl�i: Should the City Center Planned Action Ordinance (Ord. # 07-547) be amended to modify the plarmed action azea depicted in Exlubit A to increase the size of the azea covered by the Plarmed Action? Co�u�: LUTC CATEGORY: � Consent ❑ City Councit Besiness 5TAFF REPORT BY Janet Shull, AICP MEETING DATE April 19, 2010 � Orclinance ❑ Resolution ❑ Public Hearing ❑ Other DEPT: Communiry Development Background: Ordinance 07-547 established the City Center Planned Action. The proposed amendment to Ordinance 07-547 will modify the City Center Planned Action area to add approximately 10 acres and 5 parcels to the City Center Pianned Action area per a corresponding addendum to the City Ceoter Planned Action EI5. This area includes a parcel currently be.ing considered for mixed use development. Attachments: Draf� Ordinance, and Addendum to City Center Planned Action Options Considered: 1. Amend Exhibit A to Ordinance 07-547; and 2. Do not amend Eahibit A to Ordinance 07-547 STAFF RECOl�-IlVIEND�,TioN: Option 1. Amend Exhibit A to Ordinance 07-547. CITY MANAG�R APPROVAL: �d IJ � "DIRECTOR APPROVAL: � ee coun«t �.�^^ • i � ' e i i:�1 �� • � • i,. i. ♦ i / i i ��i � �� / �� ii�f i . ��'� PRO�O5ED COIINCIL MOTION(S): �nds for�va.�� y opf. ! f� -t� 0n�/:rn Member 1 READING OF ORDINANCE (DATE): I move to forwurd the ordinance to a second reading for enactment on the May 18, 2010 consent agenda. 2 r1D READING OF ORDINANCE (CONSENT AGENDA DATE): " move approval of Ordinance 1 " (BELOW TO BE COMPLETED BY CITP CLERRS OFFTCL� COUNCIL ACTION: ❑ APPRO VED COUNCIL BILL # � �� ❑ n�v�n i�r�a�� S� L1 • t(`� ❑ T,1BI,ED/DF.r�r7tuF.n/NO ACTION F.nsctment reading ❑ MOVED TO SECOND READIPiG (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTIOl�i q Doc. I.D. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, amending Exhibit A to Ordinance No. 07-547 establishing the City Center Planned Action Pursuant to RCW 43.21.031. (Amending Ordinance Nos. 07-54'n WHEREAS, the City Council enacted Ordinance No 07-547 on 2/20/07 establishing the City Center Planned Action, pursuant to RCW 43.21.031; and WHEREAS, Exhibit A of Ordinance No 07-547 depicts the City Center Planned Action area; and WHEREAS, on April 2, 2010, the city issued Addendum #2 to the City Center Planned Action EIS to modify the boundary of the City Center Planned Action area as depicted by E�chibit A; and WHEREAS, the city distributed copies of the Addendum to the parties of record of the City Center Planned Action EIS and to all property owners within the area added by the Addendum; and WHEREAS, the modified area adds approximatelyten (10) acres and five (5) parcels to the origina1200-acre City Center Pla.nned Action area; and WHEREAS, the modified area does not alter assuxnptions contained within the City Center Planned Action EIS with regard to traffic impacts or other environmental impacts; and WHEREAS, the city anticipates development within the modified area consistent with development anticipated by the City Center Planned Action; and WHEREAS, proposed development within the modified City Center Planned Action area will be subject to the mitigation measures identified by the Planned Action EIS; Ordinance No.10- Page 1 of S Rev 1/10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Exhibit A of Ordinance 07-547 is hereby amended to appear as shown in Exhibit B attached herein: Section 2. Severabilitv. 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. Correcti�ns. 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, seation/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. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. Ordinance No.10- Page 2 of S Rev 1/10 PASSED by the City Council of the City of Federal Way this day of May, 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APFROVED 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.10- Page 3 of S Rev 1/10 City of Federal Way City Center Planned Action Area Exhibit A Legend � Existing City Center Planned Action Area f� Amendment to the 1�4Vr Planned Action Area 0 1 /4 1 /2 '� N Mile Vicinity Map Map Date: March 2010 Ciry of Federal Way GIS Division P.O. Box 9718 33325 8th Ave S Federal Way, WA. 98063-9718 (P)(253)835-7000 (Y� www.ctittyoffederaMray.com CITY OF Federal Way � This map is intended for use as a graphical representation only. The City oi Fsderal Way make no warranty as to its accuracy. City of Federai Way City Center Planned Action Area Exh i b it B Legend � City Center Planned Action Area 0 1/4 1Y2 `^' N Mile Vicinity Map Map Date: March 20Y0 City of Federal Way GIS Division P.O. Box 9718 33325 8th Ave S Federal Way, WA. 98063-8718 (P) (253) 835-7000 (V1� www.atyoifederalway.com CITY OF Federal Way This map is intended for u� as a graphical representation only. The City of Federal Way make no wairanty as to its accuracy. CITY OF FEDERAL WAY ORDIiVANCE NO. 07- 5�f`f AN ORDINANCE OF� THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING THE CITY CENTER PLANNED ACTION PURSUANT TO RCW 43.21.�31. • WHEREAS, the State Environmental Policy Act (SEPA) and its implementing regulations authorize cities planning under the G.rowth Management Act (GMA) to designate planned actions that have had their significant impacts adequately addressed in an environmental impact statement (EIS) prepared in conjunction with a comprehensive ptan, sub-azea plan or a master planned development; and WHEREAS RCW 43.21C.031 and WAC 197-11-164, 168, and -172 allow and govem the application of a Planned Action designation; and WHEREAS, the City of Federal Way has adopted a Comprehe�nsive Plan that addresses the City Center sub-area and has prepazed an EIS that considers a planned action designation in a portion of the City Center sub-area, and WHEREAS, Chagter 7 of the City of Federal Way Comprehensive Plan addresses the City Center sub-area and contains policy CCPS that states that the City should comp�ete a Planned Action to provide for streamlined permit review iri the City Center to accelerate Comprehensive Plan-fulfilling redeveiopment within the core azea; and WHEREAS, designation of a project as a planned action streammlines subsequent review of the project by eliminating the need for preparation of a threshold deternunation or EIS; and - WHEREAS, adopting a SEPA Planned Action �'or the City Center Planned Action area with appropriate standazds and procedures will help achieve pernut processing efficiency artd promo�e environmental quality, now, therefore, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Purpose. The City of Federal Way declazes that the petrpose of this ordi�ance is to: A. Combine envimnmental analysis wi�h tand use planning, and B. Set forth a procedure designating certain project actions in a portion of the City Center sub-area as "planned actions" consistent with state law 43.21 C.031 RCW, . and Ordinance No. 07- Sy7 Page 1 C. Streamline and expedite the land nse permit review process by relying on completed and existing environmentat analysis for the Planned Action area; and D. Apply the Federal Way City Code together with the mitigation framework in Section 3 of this Ordinance for the purpose of processing planned action development applications. . � Section 2. Findings. The City of Federal Way finds that: -- • A. The City of Federal Way is required to prepare and implement ptans in �" � • accordance with the provisions of the Growth Management Act, Chap�er 36.70A � . � . � .• RCW. - � _ . . B. The City of Federal Way has adopted a comprehensive plan and City Center sub- area plan in compliance with the GMA. C. The City Center Planned Action Environmental Impact Statement identifies and addresses all significant environmentaI impacts associated with the proposed ,.. planned action as defined in Sectian 3 of this Ordinance;. and : • � � .. • - � .. . D. The mitigation measures contained in Exhibit B of �his Ordinance, together with appticable City development standards, are adeqr�ate to mitigate the significant � envirorunental impacts of p}anned action deveIopment as defined in . Subsection 3.0 of this Ordinance. -- � E. The expedited permit review procedures as set forth in this Ordinance are and will be a benefit to the public, protect the environment, and enhance economic development; and . F. Opportt�nities for public involvement and review have been pmvided, and comments considered as part of preparation of the Draft and Final Planned Action Environmental Impact Statement. Section 3. Procedures and Criteria for Evaluating and Determining Projects as Planned Actions. A. Planned Action Site. The Plarvied Action designation shall a�ply to the approximately 200 acre site generally bounded by South 3I2` Street on the north, South 324�' Street on the south, Pacific Highway South on the west and 23`� Avenue South on the east and shown in Exhibit A. B. Environmental Document. A planned action designation for a site-specific application shall be based on the environmental analysis contained in the City Center Plarmed Action Environmental Impact Statement (E1S) completed by the City on September 8, 2006_ "EIS" means the City Center Planned Action Environmental Impact Statement composed of the Draft EIS (June 2006) and the Final EIS (September 2006). The Mitigation Document (Exhibit B) is based upon Ordinanae No. 07-,S�f`� Page 2 the analysis of the EIS. The Mitigation Document, together with applicable City codes, ordinances and standards shall provide the framework for the decision by the City to impose conditions on a p}anned action project. C. Planned Action Qualifications. 1. Land Uses. The fotlowing uses are the primary uses analyzed in the EIS. i. Retail goods and services . ii. Office - - iii. Lodging iv. Residential . v. Civic vi. Structured parking . � 2. Development Thresholds_ The Planned Action designation applies to �. - future development proposals that cumulatively do not exceed the : - Development Envelope established by the EIS, as shown in the City . _ Center Summary Development table below: Cit Center Samma Develo ment Table Uses Develo mertt Envelo Retail � 750,000 sf Office 350,000 sf Lod in � 600 rooms Residential 750 uaits Civic 500,000 Struciured Parkin 750 stalis If proposed plans significarttiy change the location of uses in a manner that would alter the environmental determinations of�the EIS, additional SEPA review may be required. Additional environmental Feview may be conducted as an addendum or supplement to the Planned Action EIS. Shif�ing the total buiid-out of development among uses may be permitted so long as the toEaI build-aut does not exceed the aggregate amount of development, trip generation and parking thresholds reviewed in the EIS and so long as the irnpacts of that development have been identified and mitigated in the EIS and Mitigation Document. 3. The project is located within the Planned Action A,rea. Y, - _ � � � - _ " _ ' ' " Ordinance No. 07- Sy7 Page 3 4. Transportation i. Vehicle Trip Ranges. The ranges of vehicle trips reviewed in the EIS are as follows: Planned Action Trip Threshoids bv 2009 Time Period AM Peak Hour Peak Hour - - � � PM Peak Hour � - . . . Planned Action Trip Threshotds Time Period • I Tc AM Peak Hour I 919-1 Peak Hour PM Peak Hour �The EIS conducted quantitative analysis o� a per-intersection basis of tmpacts and mitigation through 2009 (or the equivalent time, based on the cumulative totals of projected vehicle trips). EIS analysis of 2010-2014 veh;cle trips was performed more qualitarively and may require additional environmental review to qnantitatively analyze potential transportation impacts and mitigation measures, as determined by the SEPA Official, in consultation with the Pubtic Works Director. ii. Trip Threshold. Proposed development that would result in a c�unulative totat of trips that exceeds the maximum trip levels shown abave would not qualify as a Planned Action.. iii. Pub�ic Works Discretion. The Public Works Director shall have discretion to determine incremental and tatal trip generation, consistent with the Institute of Traf�ic Engineers (ITE) General Manual (latest ed.), for each Planned AcEion project permit application proposed under this Planned Action. 5. Elements of the Environment Analyzed in the EIS. A project that would result in a significant change in impacts to any of the etements of the environment identified in ihe EIS would not qualify as a P}anned Action. 6. Time Horizon. The Planned Action designat�on is intended to be applicable until all development shown in the City Center Summary Ordinance No. 07- Sy� Page 4 Development Table (Subsection 3_C.2) is constructed or unti12014, whichever occurs first. In ad�ition, should environmental conditions significantly change from those analyzed in the EIS, the City's SEPA Offcial may determine that the Planned Action designation is no longer applicable unless additional, supplementary environmental review is conducted, regardless of the date. D_ Planned Action Review Criteria 1. Uses and activities described in the EIS, subject to the qualifications described in Section 3.0 and the mitigation measures -in Exhibit B, may be designated planned actions pursuant to 43.21C.03I RCW. 2. The SEPA Official or designee is authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.031(2xa), if the project meets all of the following conditions: a) The project is not o.therwise exempt from SEPA; b) The project is consistent with the City of Federal Way Comprehensive Plan adopted under RCW 36.70A; and c) The project is subsequent to or is implementing a project which has had its significant adverse environmental impacts that have been adequately identified in the EIS; and d) The project falls within the Planned Action qualifications identified in Section 3.0 of this Ordinance; and e) The SEPA Official has determined that the project's adverse impacts aze abte to be mitigated through the application and/or inclusion of mitigation measures detailed in the Mitigatioh Document in Exhibit B, as well as other applicable City, county, stafe, and federal requirements and conditions, which together constituEe sufficient mitigation for the significant environmental impacts associated with the proposed project; and f} The proposed project comglies with all applicable local, county, state, and federal regu}ations, and where appropriate, the proposed pro}ect complies with needed variances or modifications or other special permits have been identified; and g) The proposed project is not an essential public facility. Ordinance No. 07- �'7 Page 5 E. Effect of Planned Action 1. t3pon designation by the SEPA Official that the development proposal within the Planned Action Area qualifies as a Planned Action pursuant to this Ordinance and WAC 197-1 I-172, the praject shall not be subject to a SEPA threshold determination, an environmental impact statement (E1S), SEPA appeal or any other additional review under SEPA. �. - 2. Being designated as a Plazined Action or Planned Action Project means � that a proposed project has been reviewed in accordance with this �' Ordinance and found to be consistent with the development parameters an@ environmental analysis inc}uded in the EIS. 3. Planned Action projects will not be subject to fitrtAer procedural review under SEPA. However, as stated under 3.D.2( fl above, in order to qualify as planned actions, these projects will have incorporated mitigating measures identified in the City Center.Planned Action EIS, as outlined in this document and the attached Exhibit B, which are designed to mitigate environmental impacts resulting from the project proposal. Additionally, projects will be subject to applicable City, state and federal regulatory requirements. The Planned Actian designation shall not exempt a project from meeting the City's code and ordinance requirements apart from the SEPA process. F. Planned Action Permit Process. The Director of Cor�unity Development Services or designee shall review projects and determine whether they meet the criteria as Planned Actions under applicable state, federal, and local laws, regulations, codes and ordinances. The review procedure shall consist, at a minimum, of the following: I. Development applications will meet the requirements of Federal Way City Code Chapters 5, 13, I5, 16, 18, 19 and 22. Applications shall be made on forms provided by the City and shall include a Planned Action Checklist or such other project review forms provided by the Community Development, Building, and Public Works departments. The checklist may be incorporated into the form of an application. 2. The DYrector of Community Development Services will determine whetlaer the application is complete as provided in Federal Way City.Code Chapter 22-33. 3. After the City receives and reviews a complete application, the SEPA Official shall determine, utilizing the critena and procedures contained in Section 3.D and WAC 197-11- I 72, whether the project qualifies as a Planned Action. If the project does qualify as a Planned Action, the Ordinance No. 07- s�{� Page 6 _,_ Director of Community Development Services shall noti�y the applicant, and the project shall proceed in accordance with the appropriate permit procedures, except that no additional SEPA review, threshold determination or EIS will be required. 4. Far projects that quaIify as Planned Actions, public notice shall be provided as specified�in �WCC 18.76 (c). 5. If a project is determined not to be a Planned Action, the Director of Community Developnient Services shall notify the applicant and prescribe • a SEPA review procedure consistent v�ith the City SEPA procedures and -... _.. state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a Ptanned Action. . .. : 6. Projects disqualified as a Planned Action may use or incorporate relevant . • .: -- .� elements of the environmental review analysis in the EIS prepared €or the . .� : "� ' Planned Action, as.well as �other environmental rev�ew documents to assist .. � , : in meering SEPA requiLements. T'he SEP� Official may choose to timit .� . 1�'�� .• .. the scope of the SEFA review to those issues and �environmental innpacts . � . - - ' _ not previously addre�sed in the EIS. � - S�ecNon 4 Planned Action Area Monitoring. The Planned Action Ordinance shall be reviev�red periodically by the Director of Community Development Services to determine its continuing validity with respect to the environmental conditions of the project area and vicinity and applicability of planned action requirements, including a review prior to the end of 2009 to ensure continued applicability of the zransportation analysis and impacts. Based upon this review, this Ordinance may be amended as needed, and another review period may be specified. Section 5 ConiIict. In the event of a conflict between the �rdnance or any mitigation measures imposed pursuant thereto and any ordinance or regulation of the City, the provisions of tt�is Ordinance shali control. Section 6 Severability. Should any section, sentence, clause or phrase of this ordinance or the amendments to the Federal Way Municipal Code adopted hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalirlity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordina�nce. Section 7 Effective Date. This ordinance shall be �n fulI force and effect five (5) days from and after its passage and publication as provided by Iaw. ' Ordinance No. 07- Sy� Page 7 PASSED by the City CounciI of the City of Federal Way at a regular meeting of the City Council on the �� day of_��i.;,rr�q2 , 2007. .��.d�� - . �A7TEST: � APPROVED: �� - ayor, Mike Par1 �GZG�h . - � Cierk, Laura Hath a, CMC : � � �PPfi20VED AS TO FORM: - ' " � � ' � �� . . City Attorney, Patricia A. Richardson FJLED WITH THE CITY CLERK: PASSED BY THE C1TY COUNCIL: PLIBLISHED: EFFEGTIVE DATE: ORDINANCE NO: �/�07 T— - d �.�/a� a�/ 07 �r - SY� Ordinance No. 07- S�f7 Page 8 `- K � ^ T ones & Stokes E "� " �'� � � 1 Federaf Way City Center P4anned Action Area Exhibit B Planned Action Mitigation Document The State Environmental Policy Act (SEPA) requires environmental review for project and non- praject proposals that may have adverse impacts upon the environment. In order to meet SEPA requirements, the City of Federal Way issued the Draft City Center Planned Action Environmenta! Impact Statement on June 26, 2006, and Final Environmental Impact Statement on September 8, 2006. . The Draft Environmental Impact Statement and the Final Supplemental Envirohmentat Impact Statement are referenced collectively herein as the "EIS". The EIS has identified probable; signifcant impacts that would occur with the future development of the Planned Action area, together with a nvmber of potential measures to mitigate those significant impacts.� ' _ The purpose of this Mitigation Document is to establish specific mitigation measures, based upon significant impacts identified in the EIS. The mirigation measures would apply to future development proposals which are consistent with the Planned Action devetopment envelope reviewed in the EIS, and which are tocated �within the Planned Action area (see Ezhibit A). USE OF TERMS � As several similar terms are utilized in this Mitigation Document, the following phrases or words are defined briefly: SEPA Terms The discussion or mitigation measwes may refer to the words action, proposed action, or proposal, and for reference these terms are identified below. "Action" means projects or programs financed, licensed, regulated, conducted or approved by an Agency. "Project actions" involve decisions on a specifc project such as a construction or management activity for a defined geographic area. "Non-project" actions involve decisions about policies, plans or programs. (see WAC 197-11-704) � "Planned Action" refers to types of project actions that are designated by ordinance foc a specific geographic area and addressed in an EIS, in conjunction with a comprehensive • plan or subarea plan, a fully contained commursity, a master planned resort, a master planned development or phased project. (see WAC 197-11-164) •"Proposat" means a proposed actio� that may be an action and regulatory decision of an agency, or any action proposed by applicants. (see WAC 197-11-784) Other Terms � The Planned Action area may be referred to as the City Center Planned Action area, project site, or project area in this document. General Interpretation • Where a mitigation measure includes the words "shatl" or "will," inclusion of that measure is mandatory in order to qualify a project as a Planned Action. Where "showld" or "would" appear, the mitigation measure may be considered by the project applicant as a source of addirional mitigation, as feasible or necessary, to ensure that a project qualify as a Planned Action and/or to reduce ti mitigation impact fees. Unless stated specificalty otherwise, the mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee to fund and/or perform. DEVELOPMENT PROPOSED UNDER THE PLANNED ACTION The proposal reviewed in the EIS included designation of a portion of the City Center as a Planned Action area for the peuposes of State Environmental Policy Act (SEPA} compliance, . . pursuant to RCW 43.21C.431(2)(a} and WAC I97.-11-164_ The planned aetion designation applies to conshvction of proposed residential, retail, office, hotel, civic and structured pazki�g •� �- development falling within the development envelope and project area analyzed in this EIS. The .. planned acrion project azea is shown in Exhibit A. The totat development envelope analyzed in . this E1S is summarized below. � The planned action designation would apply to development that occurs through 2414. However, the quantitative transportation analysis applies only to the portion of the total development envelope that was projected to occur by the end of 2009. Planned Action Vehicle Trips — 2009 Time Period 1 Totat AM Peak Hour Peak Hour PM Peak Hour � 2,727 MITIGAT{ON Based on the EIS, which is incorporated by re�erence, this Mitigation Document summarius significant adverse enviroamental impacts that are anticipated to occur in conjunetion with the development of planned action projects. Mitigarion measwes, identified in the EIS, are reiterated here for incIusion in conjunction with proposed projects to mitigate related impacts and to qualify as Planned Action projects, Planned Action Mitigation Document Page 2 of 8 Consistency review under the Planned Action, site plan revieH�, and other permit approvals will be required for specific development actions under the Proposed Action pursuant to WAC 19?- 11-172 and FWCC 18-76. Additional project conditions may be imposed on planned action projeets based upon the analysis of the proposal in relationship to independent requirements of the City, state or federal requirements or review.criteria_ Any applicant for a project within the Planned Action area may propose altemative mitigation measures, if appropriate andlor as a result of changed circumstances, in order to allow an '-. equivalent substitute rnitigation for identified impacts. Such modiftcations wo�ld be eva}uated by ., the City SEPA Official prior to any pro,ject approvals by the City. �_ �� . , As permitted by WAC 19?-11-660, it is recognized that there may be some adverse irnpacts that _ �are unavoidable because reasonabie or feasible mitigation cannot be achieved for the proposal. Provided below for each elem�nt of the environment analyzed in the EIS for the proposal azea aze the following: (]) a summary of the E�S analysis of significant environmental impacts; and (2) rnitigation measures identified in the EIS. In combination, regulations applicable to � each element of � the environment and mitigation measures identified in the EIS and documented in this Mitigation Document that are app}ied to any ptanned action proposal and will adequately mitigate ail significant environmental impacts associated with planned action proposals, . except far � those impacts that are identified as "significant unavoidable adverse impacts." ENVIRONMENTAL IMPACTS AND MITiGAT10N MEASURES Chapter 3 of the Draft EIS identifies stgnificant impacts, unavoidable adverse impacts and mitigation measures for potential impacts associated with air quality, land use, aesthetics, light and glare, transportation, public services and utilities. Please refer to the Draft and Finat EIS for complete text associated with each element of the environment. The following is a summary of the mitigation measures applicable to impacts an each element of the environment identified 'm the EIS_ Air Quality Mitigation Measures Short Term Construction activities related to development approvecl under the Planned Action Designation could generate fugitive dvst, which could be mitigated using the following best management practices: Use water sprays or other non-toxic dust controt methods on unpaved roadways. Minimize vehicle speed whi}e traveling on unpaved surfaces. Prevent track-out of mud onto public streets. Cover soil piles when practical. To the extent practical, minimize work during periods of high winds. Pianned Action Mitigation Document Page 3 of 8 Burning of slash or demolition debris is not permitted without express approval from PSCAA. No stash buming is anticipated for any construction projects in the City Center. Mobile construction equipment and portable stationary engines would emit air pollutants including NOx, CO, and PM 10. These emissions. would be temporary and localized_ It is highly unlikely that the temporary emissions wouId cause ambient concentrations at adjoining garcels to approach. the NAAQS limits. Typical mitigation measures to minimize air quality and odor issues .caused by tailpipe emissions include the following: • Maintain the engines of construction equipment according to manufacturers' specifications. • Minimize idling of equipment while the equipment is not in use. _ . Long No additional mitigation required. �Cand Use Mitigation Measures . The City of Federal Way existing Comprehensive Plari, development regulations and Community Design Guidclines providc policics, proccsses, standards and requarements that would mitigate � • most identif ed impacts. In particular, existing development standards atong the edges of the . Planned Action area appear Eo be adequate to allow for a compatble transition from rnore -• intensive to le"ss intensive uses. - Aesthetics, Light and Glare , Mitigation Measures • Continued use of the City's Community Design GuideIines and review/approvat process to monitor and rriitigate potential impacts associ�ted with light and glare, shadows, and aesthetic impacts resulting from new development, including structured parking. • Increased building height for multi-unit streictares in the City Center Core zone would be permitted only with review through the City's design review and public benefits review processes, as set forth in the Community Design Guidelines. • • Monitor shade conditions as development occurs and amend the City's Community Design Guidelines to require site-specific analysis of shadows on public places, as needed. Public Services Mitigation Measures Impacts to public services from development under the planned action designation would not be significant. However, measures can be taken to prevent or further minimize environmental consequences to public senrices. Recommended mitigating measures include: Coordinate with Federal Way Police and Fire Departments during final design, conshvction, and operation of future developmer�t under proposed action to ensure that reliable emergency access is maintained. Coordinate with the Federal Way Parks and Recreation Department to identify opportunities for increased recreational open space for general pablic use throughout the project area, and within new development proposals. Reduce public safety impaets through adherence to CPTED design standards. Planned Action Mitigation Document Page 4 of 8 Provide emergency service providers with advanced notice of construction schedules and any planned street closures or blockages. Avoid or minimize street closures or btockages during construction to avoid impact to emergency response times. Utllltl@S Mitigation Measures Water a�rd Sanitary Sewer Service . • Ensure that alt new development complies with local, state and.federal standards for energy conservation. • Encourage drought-toterant landscaping (xeriscaping) �or new devetopment. • Encourage new commercial, civic and residential developrnent to incorporate appropriate water conservation measures, such as recycling, into their operations. Utilities . • Plan with service providers to minimize impacfs of utility relocations (equipment . `.proe�e�nent times, relocate in advance of constFUCtion, etc.) •- Inform utility customers of any planned temporary �ervice disruptions. _� • • Coordinate with all urility companies the design of th� new services and hookups for the .' . proposecl action. • . - Transportation Mitigation Measures � � Ojf-Site Mitigation PM Peak Hour Impacts — The EIS analysis ind�icates that transportation improvement projects already contained in the City's adopted Transportation Improvement Pla� would provide the majority of the mitigation for the traffic impacts anticipated during the PM Peak Hour. Two additional projects were identified, as follows: � PM Peak Ho�r lntersection � lmprovement S 312 St & Pacific Hwy S Add 2rid northbound left tum lane (CIP 01-05) S 336 St & Pacific Hwv S OnGmize sianal bmina In orcler to ensure that the TTP and these two additional projects be completed and provide the mitigation contemplated in the EIS, applicants for tndividual development projects shall make financial contributions to the total cost of these projects on a pro-rata basis, calculated by determining each project's PM Peak Hour vehicle trips generated, consistent with the Institute of Traffic Engineers (ITE) General Manual (latest edition) and Public Works Depariment Director discretion. A per-trip mitigation fee shall be applicable to each PM Peak Hour trip estimated in this manner. � The total cost per PM vehicle trip (including both TIP projects and these two additional projects) would be $2,827.OQ. Planned Action Mitigation Document Page 5 of 8 --� �--�� ., AM Peak Hour -- No additional mitigation�is required for the AM peak hour. Saturduy Peak Hour—No additional mitigation is required for the Saturday peak hour. Additional Mitigation Measures Additional mitigation may be applicable to individual development applications within the planned action area in order to reduce vehicle trip generation, improve on-site circulation, and/or to meet Ciry and State requirements for Commute Trip Reduction and Transportation Demand Management. Actions to be considered include: On-srte improvements — Driveway and circulation actions to minimize impacts on area roadways. Actions may include management of access points, traffic control:ineasures, construction of intemat roadways, pedestrian and bicycle improvements, 'and connections to adjacent developrnents_ Non Motorized mode improvenients — Mitigation may be included wit}� development proposals �. to address pedestrian, bicycle, and transit improvements to support the pIans, policies, and goals �. as noted within the City of Federal Way Comprehensive Plan �Ciry Center Element (2002, Chapter 7) and Transportation Element (2003, Chapter 3). � � . _. . . Grid Roadway Devetopme►et — Part of the City Center PIan is to develop a number of intemal roadways to creafe smaller bIocks that will improve the grid network and improve the access for pedestrians and vehicles. Right-of-way dedication and street irnprovements shall be a eomponent ' of the development submittal phase of a proposed project within the project area. Roadways . within the project area must meet specific "City Center" design standards as specified in the . Transportation Etement (Chapter 3) of the City of Federal Way Comprehe�rsive Plan (2003 revision, Figure III-3) , Right-of-way Widening Through Dedication — Property dedicarion to facilitate road widening and frontage improvements may be required in conjuncfion with proposed develogrntnts. Roadways within the project area must meet specific "City Center" design standards as specified in the Transportation Element (Chapter 3) of the City of Federal Way Comprehensive Plan (2003 revision, Figure III-3). Transportation Demand Management (TDMj — TDR�I measures ean be used to reduee the impacts of a project action. These measures may incl.ude provision of transit passes to tenants and employees, ridesharing programs, priority carpool parking, and guaranteed ride home programs. TDM acrions are desigr�ed to primarily address commute trips and may not be appticable as mitigation for all developments. Table III-13 (page 60) of the City ofFederal Way Comprehensive Plan (2003 revirion, Chapter 3, Transportation Element) stratifies various TDM alternatives by their functional grouping and potential effectiveness, implementation difficulties, and expected cost effectiveness. These strategies include: TelecommUting, Parking Pricing and Subsidy Removal, Compressed Work Week, Employer-Based Management, and Parking $upply Strategies. Based upon the above, the following are a list of mitigation measures that can be considered in conjunction with individual development projects within the project area: Pianned Action Mitigation Document Page 6 of 8 1. Expansion of the C'TR Program to employers of less than t 00 employees. T't►e encouragement I by employers may inctude su6sidized bus passes, car pool space priority, bike racks, shower facilities, van pools, car pool in�ormation access, telecommuting, variable work hours, etc_ 2. Formation and expansion af area-wide ride-sharing programs. Such programs operate with little direct cost to the City and are highIy cost-effective. 3. Enhancement of Park and Ride faciliries and transit centers to svpplement the regional � system, either directly through physical development or enhancements or indirectly through . � development conditions where employer vans� are required to shuttle employees to Park and � � Ride facilities or transit centers. . 4. Enhancements to the HOV System. Facilitate enhancements and/or connectivity to the HOV �'�' system. This may include such things as accommodations for transit stops, bus pull-outs, -. .� - �-pedestrian pathways that lead to HOV access points, etc. , 5. Achieve densities and mix of uses to support public trarisportation, decrease trip g�neraaon and parking impacts. 6. � Provide�facilities (shelters, loading spaces, etc.) to a�ccommoiiate City Center shuttle service � in association with development projects, together with enhanced pedestrian and bicycle �access and security. . .� , . . . .7. Improve pedestrian and bicycle access fo bus routes arid transit centers. : , Neighborhood Traffic Control — Development within the project area may to include actions to reduce the impacts of cut-through traffic on residential areas. Examples of neighborhood �n� coritrol actions include: turn restrictions, speed controls, traffic enforcement, and p g restricrions. � Parking = Mitigating measures can be 'included that reduce a project's demand for parking. Examples include shared parki�g, employee parking programs, parking time restrictions, paid parking programs. For exampie, an office building with an 8 AM to 5 PM demand could share its parking with evening dom�nated uses such as. restaurants, or a cinema. A parldng demand study, - which shows the hourly parking ciemand profiles for adjacent uses and the potential for joint ' parking opportunities within a mixed-use development, can be used to reduce the number of pazking spaces. . Reduction of Mitigation Fee Costs through Alternative Measures -- In order to reduce the total numbers of peak-hour vehicle trips and, thereby, reduce mitigation costs, de'velopment applications may propose for City approval various altemative measures, as detailed below. In addition, many of these measures may be employed to support of the City of Federal Way and state Commute Trip Reduction (CTR) reyvirements. Measures to Support Alternative Modes The measures listed below are availabie optior�s to help reduce parlang requirements andlor trip generation for specific P{anned Action proposa�s• At the City's discretion, or as proposed by a project applicant, use of the aitemative-mode support measures may allow for reductions in required parking or vehicle trip generdtion. Area-wide Ride matching Services May result in a 0.1— 3.5% reduction in vehicle mites traveled (VMT) and an up to 2.5% VMT reduction in transit services. Reductions in partcing required may be calcalated on the basis of these lower trip generation rates. Pfanned Action Mitigation Document Page 7 of 8 Vanpool Service -- May result in an up to 83% commute VMT reduction, as well as a reductlon in transit and vanpool fares up to 2.5%. Reductions in parking required may be calcnlated on the basis of these lower trip generation rates. Non-Motorized Modes plan and implementation -- 02% regional VMT reduction. � Reductions in parking required may be calculated on the basis of these lower trip generation rates. HOV Facilities — May result in an up to 1.5% VMT reduction and 0.2% vehicle trip reduction. Reductions in parking required may be calculated on the basis of these lower trip generat�on rates. - � On site development Park and Ride — May resuIt in up to 0.5% VMT reduction. Reductions in parking required rnay be calcnlatesl on the basis of these lower trip generation rates. Employer-Based TDM Measures '" � � Parking�mitigation — Monetary incentives may result in an 8— 18% trip reduction at site. Reductions in parking required may be calculated on the basis of these lower trip generation rates. ' Alternative Work Schedules — May result in up to a 1% regional VMT reduction. �- � Redu�tions in parking required may be calcuIated on the basis of these lower trip generation rates. Commute Support Programs — May resul� in up to 0.1 to 2% regional V141T reducrion. Reductions i_n parking required may be calculated on the tiasis of these lower trip generation rates. � � P�rking Management — May result in up to 20 — 30% reduction in SOV trips tolfrom the site. Reductiohs in parking required may be calculated on the basis of these lower h generation rates. Telecommuting — Up to 10% commute VMT reduction. Reductions in parkis}g required may be calculated on the basis of these lower tr�p generation rates_ Other Strategies . Development Parking Impact Mitigation j Payment af parking-mitigation funds towards long- term investments in structured parking sotutions in Iieu of fuil parking requirement. (Note: Would require City Council approval of Code provisions to allow for payment-in-lieu mechanism.) Redvctions in parking required may be calc�lated on the basis of these lower trip-generation rates. Mixed Land Use/Jobs Housing Balance — May result in VM? reductions of up to 10%. Parking stail credit is given based on overlapping shared usage of mixed faciliry, per City Code provisions. Transit-Oriented and Pedestrian Friendly Design — Site and building design that encourages transit usage and/or walking may reduce overall parking requirement. Requires design review and staff approval. Empdoyment Center Density — Achievement af sufficient density within the City Center to constitute a regional employment center may reduce 30V work trips to individual development projects by up to 50%. Parking stall reductions may also apply to developments. Other Parking Management Plarrs — May mitigate 1 to 5% region-wide VMT, provided enforcement issues are addressed in mitigation plans. Pianned Action Mitigation Qocument Page 8 of 8 :2 :'��.��'.��,'�-,�'� �.{_ �@�'� �3� '�'� � ��ac�>"'' � � DEPARTMENT OF COh(.vll�lTY DE�'ELOPMEHT SERV►CES 333?5 8�' Avenue Jouth PO Box 9718 Federal Way WA 98063-9718 www. cit yo t�ederal way. cx�m Adder�dum No. 2 to the 2006 Ciiy of Federaf Way City Cenfer Pfan�red Action Final Environmentctl Impact Statement (EI5) Name of Proposal: City Center Planned Action EIS: Map Boundary Addendum Descriptian of Proposal: Amendments to the above-referenced EIS to modify the boundary of the Planned Acrion area to add the area represented by Transportation Ana�ysis Zone (TAZ) 1068. The Final EIS became effective September 8, 2006. Adctendum No. 1 vvas issued on Febt 8, 2008. Description of Addendum No. 2 This addendum modifies the boundary of the area within the City Center Pla�med Action EIS. The boundary modification is necessary to accommodate anticipated urixed use development, within the planned action area, The area being added to the planned action area is within the City Center-Care zoning district and shares characteristics with the properties originally designated as the planned action area. Subsequent to the adoption of the City Genter Planned Action EIS, irr.�rovements within the area being added by this addendum were demolished, apening up potential for redevelapment eonsistent with that envisioned by the planned aetion. The area being added to the planned action area is coincident with transportation analysis zane (TAZ} number 1068. Its boundaries are: South 312�' Street to the north; South 320` Street to the south; 23` Avenue South to the west; and the eastem boundary is roughly in alignment with 25` Avenue South; The above noted change does not alter assumptions contained withm the EIS with regard to traffic impacts or other environmental impacts. Minor changes in disclosed im�aets may result; however, no new or substantially different significa.nt adverse impacts are anticipated to any of the elernents of the environment discussed in the EIS. If you have any quesrions regarding this Addendiun, please contact Senior Planner Janet Shull at 253- 835-2644, or janet.shutl@cityoffederalway.com This Addendum No. 2 is issued on the 2" of April 2010. reg Fewins, Federal Way SEPA Official Attachment: Modified Planned Action Boundary Map F�k aia►ooasz-oo-sE oo�. �.n. ss�z C ity of Federal Way City Center Planned Action Area Legend � Existing City Center Planned Action Area � ��"j Amendment to the �d��r'.* Planned Action Area 0 1/4 1/2 ` N Mile �cinity Map Map Date: March 2010 City of Federal Way GIS Division P.O. Box 9718 33325 81h Ave S Fede1'al Way, WA. 98063-9718 (P) (253) 835-7000 (W) www.c�lyotiederalway.com c�rr oF Federal Way � This man is Inter►ded for use as a aianhical representatan only. The City of Federa! Way make no warranty as to !ts eccuracy. COUNCIL MEETING DATE: May 18, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: " O SUBJECT: Pacific Highway South HOV Lanes Phase III (Dash Point Road to South 284`� Street) Improvement Project — Project Acceptance POLICY QUESTION Should the Council accept the Pacific Highway South HOV Lanes Phase III (Dash Point Road to South 284`� Street) Improvement Project constructed by SCI Infrastructure, LLC as complete? COMM�TTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE May 3 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY:_Marwan Salloum, P.E_, Deputy Public Works Director DEPT:�Public Works __ Attachments: Memorandum to Land Use and Transportation Committee dated May 3'�, 2010. Options Considered: 1. Authorize final acceptance of the Pacific Highway South HOV Lanes Phase III (Dash Point Road to South 284�' Street) Improvement Project constructed by SCI Infrastructure, LLC in the amount of $15,177,832.16 as complete. 2. Do not authorize final acceptance of the completed Pacific Highway South HOV Lanes Phase III (Dash Point Road to South 284�' Street) Improvement Project constructed by SCI Infrastructure, LLC as complete and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the May 18, 2010 City Council Consent Agenda for approvaL CITY MANAGER APPROVAL: .(.� k y/�'^I �10 �•�'�` S��`� DIRECTOR APPROVAL: � Comm�ttee Council Commitue COMMITTEE RECOIVIIVIENDATION Committee recommends forwarding Option 1 to the May 18, 2010 City Council Consent Agenda for approval. (��.s�=. ��; ��,�- Dini Duclos, Chair PROPOSED COUNCIL MOTION "I v to accept the Pacific Highway Sout�l0 i� Lane�'s ?shase III (Dash Point Road to South 284` Street) Improvement Project constructed by SCl lnfrastructure, LLC in the amount of $15,177, 832.16 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED 1� resding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 3, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief � �� FROM• Marwan Salloum, P.E., Deputy Public Works Director ' Brian Roberts, P.E., Street Systems Project Engineer SUBJECT• Pacific Highway South HOV Lanes Phase III (Dash Point Road to South 284`� Street) ' Improvement Project — Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with SCI Infrastructure, LLC is complete. The final construction contract amount is $15,177,832.16. This is $1,396,977.84 below the $16,574,810.00 (including contingency) budget that was approved by the City Council on Apri13, 2007. Staffhad presented an incorrect proj ect construction final contract amount of $15,153,162.28 at the Apri14, 2010 Council meeting and must seek Council approval for the conect contract amount of $15,177,832.16 before the Contractor release of project retainage can be processed. cc: Project File k:Vutc�2010105-03-10 pacific highway south hov phase iii - pcoject acceptance.doc COiJNCIL MEETING DATE: May 18, 2010 ___ _ _ _ _ _ CITY OF FEDERAI, WAY CITY COUNCIL AGENDA BILL ITEM #:_ � � __ _ SUBJECT: DSHS INTERLOCAL AGREEMENT FOR RESPITE CARE - RECREATION SERVICES POLICY QUESTION Should the city enter into an Interlocal Agreement with the Department of Social and Health Services (DSHS) Division of Developmental Disabilities (DDD) for funding recreation services for individuals with disabilities? COMMITTEE PRHSPS CATEGORY: X Consent ❑ City Council Business ■ ■ Ordinance Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: 7ohn Hutton, Recreation Supervisor DEP'r: PRCS Attachments: Memorandum Interlocal Agreement Options Considered: 1) Authorize the City Manager/Police Chief to enter into an Interlocal Agreement with DSHS Departrnent of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities. 2) Decline the authorization of the City Manager/Police Chief to enter into an Interlocal Agreement with Depariment of Disabilities. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: ►�,W.I � y,14I �u (v aW S► Committee Council COMMITTEE RECOMMENDATION: OPTION I Chair \ � Council Committee Member '�PROPOSED COUNCIL MOTION "I move approval to authorize the City Manage/Police Chief to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # MEETING DATE May 3 , 2010 DIRECTOR APPROVAL: � Committee � "' �� CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: May 11, 2010 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Gina Shaw, Community Recreation Coordinator Via: Brian Wilson, City Manager/Police Chief CC: Cary Roe, of Director, Parks, Public Works & Emergency Management Subject: DDD Interlocal Contract — Respite Policy Question Should the City enter into an Interlocal Agreement with Department of Social & Health Services (DSHS) Division of Developmental Disabilities (DDD) for funding recreation services for individuals with disabilities? Back r und The purpose of respite care for the clients of DDD is to provide intermittent relief to persons providing care for developmentally disabled individuals. The way that we provide this is through our Inclusive Recreation programs which take place at the Community Center and out in the community. Programming varies but includes day trips, classes, social clubs, cooking, theater, and much more. This agreement would allow clients to register for eligible recreation programs at no charge. DSHS would then reimburse the city for program fees. A copy of the agreement is attached. Options 1. Authorize the City Manager to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities. 2. Decline the authorization for the City to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities. Cc:� John Hutton, Recreation Supervisor DSHS Contract Number. INTERLOCAL AGREEMENT �osa-ssss� � � DEPART�EWT OF � �,,,��,,. AGENCY RESPITE CARE Check the box that applies: ❑ Out of Home in Licensed Residence or Facility � Home Care Agency in ClienYs Home � Community Settings (excluding IFS Program Participants) Check the box that a lies � This Contract is between the State of Washington Department ofi Social and Health P�m Contraa Numbe�' Services (DSHS) and the Contractor identified below, and is issued pursuant to the ��pr ��ct Ntnt�ber: interlocal Coo eration Act, cha ter 39.34 RCW. SSPS # 104021 CONTRACTOR NAME CONTRACTOR doing business as (DBA) City of Federai W CONTRACTOR ADDI PO Box 9718 Federal Wav WA Gina Shaw Aging and Disabiiity Services AdminisVation DSHS CONTACT NAME AND TITLE Susan Winkle� Contracts Coordinator 568-5fi85 Ext: No CONTRACT START DATE 4/15/2010 EXHIBtT3. The foUowing Exh Exhibit A — Rate Schedule The terms and conditions of ihis supersediny and m�erging all pcE between the paNes. The pa�ie DSHS INDEX BUSINESS IDENTIFIER (UBI) NUMBER - - 70364 CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E ADDRE 253 835 Ext: - DSHS �IVISION DSHS CONTRACT CODE Division of Developmental Disabilities 1735LP-G4 1700 E. Cherry St. Seattle WA 98122-4695 �ONTACT FAX 720-3334 Winkism 3/31 /2013 I hereby incorporated, iMo this Contract by reference; AMOUNT Fee For Service +ement are an integraGon a�d representa�on of the final, entlre and exdusive understa�ing between the partie s.agreements, writings. and �mm�icatbns; ora! or othe�wise, �egarding the:subject mafter of tF�s Agreement, ning below r�resent that they have read an�l understand tl�is Contract. and have the authociry to execxate this s bi�ii on DSHS on1 `' si nature b OSHS. PRIIJTFI'1 IJAMF AIJI) TITI F DATE SIGNED PRINTEO NAME AND TITL John Cordv. Business f7�I7 DSHS CenUal Confract Services 1735LP Agency Respite Care Inte�local (415-09) Page 1 DSHS Generai Terms and Conditions 1. De�nitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: - a. "Central Contract Services° means the DSHS central headquarters contracting office, o� successo� section or office. � b. "Confidential Information° means information that is exempt from disclosure to the public or other unauthorized pe�sons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. � c. "Contract° or "Ag�eement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office. e. "Contracto�' means the individual or entity performing senrices pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any pe�mitted Subcontract, "Contractor" includes any Subcontractor and its owne�s, members, officers, directors, partners, employees, and/o� agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain fede�al funds. g. "DSHS" or the "Department" means the state. of Washington Department of Social and Health Services and its employees and authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a"key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 128 bits. i. "Hardened Password° means a string of at least eight characters containing at least one alphabetic character, at least one number and at least one special character such as an asterisk, ampersand or exclamation point. � j. "Personal Information° means information identi�able to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental senrices or other activities, addresses, telephone numbers, Social Security Numbers, drive� license numbers, other identifying numbers, and any �nancial identi�iers. k. "Physically Secure" means that access is �estricted through physical means to authorized individuals only. 1. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. m. "RCW° means the Revised Code of Wasfiington. All references in this Contract to RCW chapters or sections shall inGude any successor, amended, or replacement statute. Pertinent RCW chapters DSHS Central Contract Services 1735LP Age�y Respite Ca�e Interlocal (415-09) Page 2 can be accessed at http:1/apps.leg.wa.gov/rcw/. n: °Regulation° means any federai, state, or local regulation, rule, or o�dinance. o. °Secured A�ea" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unautho�ized personnel. p. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all o� a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. q. °Tracking" means a reco�d keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. r. "Trusted Systems° include only the folbwing methods of physical delivery: {1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service (°USPS°) first class mail, or USPS delivery senrices that include Tracking, such as Certi�ed Mail, Express Mail o� Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer t�acking and receipt confi�mation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Nefwork (SGN) is a Trusted System for communications within that Netwo�lc. s. "Unique User ID" means a string of characte�s that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a use� to an infomnation system. t. "WAC" means the Washi�gton Administrative Code. All references in this Cont�act to WAC chapters or sections shall i�clude any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http:!/apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assi9nment. The Contractor shall not assign this Contract or any P�ogram Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Cont�actor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted mo�e than finrelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services perfoRned under this Contract, if the Contractor has charged or will cha�ge another agency of the state of Washington or any other party for the same senrices. 5. Compliance with Applicable law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and reguiations, including but not limited to, nondiscrimination laws and regulations. DSHS Central Ca�tract Services 1735LP Agency Respite Care lnteriocal (415-09) P� 3 6. Confidentiality. a. The Contracto� shall not use, publish, transfer, sell or otherwise disclose any Confidentiai Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunde�, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal lnfonnatio�. b. The Contracto� shall protect and maintain all Confidential Information gained by �eason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. . (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Con�dential tnformation transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential lnformation #o unauthorized perso�s. (b) Communicating with the intended recipient before transmission to ensure that the fax will be �eceived oniy by an authorized person. (c) Verifying after transmittaf that the fax was received by the intended recipient. (4) When transporting six (6) or more records containing Confidential Information, outside a Secure Area, do one o� more of the following as appropriate: . (a) Use a Tn�sted System. (b) Encrypt the Confidential Information, including: i. Encrypti�g email andlor emaif attachments which contain the Confidential Information. ii. Encrypting Confidential lnformation when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this cont�act, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. {6) Following the requi�ements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, data shall be returned to DSHS or Cont�actor shall certify in vimting that the they employed a DSHS approved method to destroy the information. Cont�actor may obtain information regarding approved OSHS Ce�tra� Contract Services 1735LP Agency Respite Care Interiocal (415-09) P e 4 a9 destruction methods from the DSHS contact identified on the cover page of this Contract. d. Paper documents with Con�dential info�mation may be recycled through a contracted firm, provided the contract with the �ecycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Infomnation requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Info�mation must be �eported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification o� other requi�ements imposed by law or DSH�. 7. Debarment Certification. The Contractor, by signatu�e to this Contract, certifies that the Contractor is not presently debarred; suspended, p�oposed for debarment, declared ineligible, or voluntarily excluded by any Federal depa�tment or agency from participating in transactions (Debarred). The Contractor also ag�ees to include the above requi�ement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debaned. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. Governing Law and Venue. This Contract shall be constn�ed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. � 9. Independent Contracto�. The pa�ties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nof claim to be, an o�ce� or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accnae to such officer o� employee. 10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, whe�ever located. These inspection rights are i�tended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Cont�act terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the perfo�mance of the senrices described herein. The records include, but a�e not limited to, accounting procedures and practices, which su�ciently and properly reflect all direct and indi�ect costs of any nature expended in the perFornnance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legatly authorized, if any litigation, claim, or audit is started before the expi�ation of the six (6) year period, th� records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. � 12. Order of Precedence. In the event of any inconsistency or conflict beiween the General Terms and Conditions and the Special Te�ms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving p�ecedence to these General Te�ms and Conditions. Terms or conditions that are more restrictive. spec�c, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. DSHS Central Contract Servic�s 1735LP Agenc�r Respite Care Interlocal (415-09) P� 5 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 14. Survivability. The terms and conditions contained in this Contract or any Prog�am Agreement which, 'by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Sunriving terms include, but are not limited to: Bilting Limitations; _ Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Oefault, Termination Procedure, and Treatment of Property. 15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withd�awn, reduced or limited, or if additional o� modified conditions a�e placed on such funding, DSHS may immediately terminate this Contract by. providing written notice to the Contractor. The termination shall be effective on�the date specified in the teRnination notice. 16. Waiver. Waiver of any breach o� default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be constnaed to be a mod�cation of the terms and conditions of this Contract. Only the DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional Terms and Condltions — Interlocal Agreement 17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement te�ms, and applicable statutes and rules and make a determinabon of the dispute. As an altemative to this process, either paRy may request intervention by the Govemor, as provided by RCW 43.17.330, in which event the Govemor's process shall control. Pa�ticipation in either dispute proc�ss shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 18. Hold Ha�mless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or �nes arising out of or relating to the Contracto�'s, or any Subcontractor's, performance or failure to perform this Ag�eement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines ari.sing out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is �equired to indemnify, defend, and hofd harmless the State and its agencies, offlcials, agents, o� employees. 19. Ownership of Material. Material creafed by the Contractor and paid for by DSHS as a pa�t of this Contract shall be owned by DSHS and shall be `wvork made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; repo�ts; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Cont�actor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire°; however, DSHS shall have a perpetual license to use this material for DSHS intemal purposes at no cha�ge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to g�ant such a license. 20. Subrecipients. DSHS Central Contract Servi� 17351P Agency Respite Care Interiocal (415-09) Page 6 . a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133 and this Agreement, the Contracto� shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal prog�ams under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; - (2) Maintain intemal controls that provide reasonabte assurance that the Contractor is managing federal awards in compliance with laws, �egulations, and provisions of contracts or grant agreements that could have a mate�ial effect on each of its federal programs; {3) Prepare appropriate financial statements, inctuding a schedule of expenditures of federal awards, (4) Incorpo�ate OMB Circular A-133 audit �equirements into aA ag�eements befinreen the Contractor and its Subcontractors who are subrecipients; (5) Comply with any futu�e amendments to OMB Ci�cula� A-133 and any successor or replacement Circular or regulation; � (6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87, and any successo� or replacement Circular or regulation; and (7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Disc�imination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oip.usdoi.aov/ocr/ for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. tf the Cont�actor is a subrecipient and expends $500,000 0� more in federal awards from any and/or all sources in any fiscal year, the Contractor shall p�ocure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shaN: (1) Submit to the DSHS contact person the data collection form and reporting package specified in OMB Circular A-133, repo�ts required by the program-specific audit guide (if applicable), and a copy of any management lette�s issued by the auditor; (2) Follow-up and develop coRective action for all audit findings; in accordance with OMB Ci�cular A-133, prepare a"Summary Schedule of Prior Audit Findings." c. Overpayments. If it is determined by DSHS, or du�ing the course of a required audit, that the Contractor has been paid unallowable costs unde� this or any P�ogram A�reement, DSHS may require the Contractor to reimburse DSHS in accordance with OMB Circular A-87. 21. Te�mination. a. Default. If for any cause, either pa�ty fails to fuifill its obligations under this Agreement in a timely and p�oper manner, or if either party violates any of the terms and conditions contained in this _ Ag�eement, then the aggrieved party will give the other party written notice of such failure o� violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the othe� party. DSHS Central Contract Services 1735LP Agency Respite Care Intedocal (415-09) P� � b. Convenience. Either party may terminate this Interlocai Agreement fo� any other �eason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay fo� performance rendered or costs incurced in accordance with the terms of this Agreement and prio� to the effective date of termination. 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to thei� personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shalt immediately release to the client and/or the clienYs guardian or custodian all of the client's personal property. DSHS Central Contract Services 1735LP Agency Respite Ca�e Interiocal (415-09) p� g Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Assistance° means help provide to a client for the purpose of aiding him/her in the performance of tasks. b. "Authorized° means approved by a DDD case manager/social worker as evidenced by �eceipt of an SSPS Social Services notice. c. "Case Resource Manager" means the OSHS or DDD worke� assigned to a clisnt and who authorized the services performed unde� this Contract. d. "Client" means a person whom DSHS has determined financially and programmatically eiigible to receive services and for whom specific services have been authorized.. e. °Community Settings" means a place such as community center, senior center, park and recreation, summe� programs, or adult day care. f. "DDD" means the Division of Developmental Disabitities within the DSHS Aging and Disabilities Service Administration. g. "Physical Assistance° means the provision of hands-on assistance on the perfoRnance of daily tasks or activities. h. "Primary Caregiver(s)° or "Caregiver" means the parents, legal guardians or other persons who have o� assume primary responsibiiity for the necessary care of the client. i. "Protective Supervision" means supervision to ensure the safety and well being of a client, exclusive of those responsibilities wnich shoutd be assumed by a legal gua�dian. j. Respite Care" means intermittent relief for pe�sons providing care for developmentally disabled individuals on either an eme�gency or planned basis. k. "SSPS" means the Social Service Payment System, the service authorization and payment system ' used by DSHS. 1. "Service Plan" means an individual support plan (ISP) which is a written plan for long term care service delivery. The ISP identifies ways to meet the ClienYs needs with the most appropriate services. m. "Transportation Services" means the p�ocess of transpo�ting a client from one location to a�other. n. "Unusual Incidents" means a change in ci�cumstances or events that concern a client's safety o� well being. These may include, but are nat limited to the following examples: an increased frequency, intensity, or duration of any medical conditions;, adverse reactions to medication, seve�e behavioral incidents that are unlike the client's ordinary behavior, severe injury, running away, physical or verbal abuse to themselves or others, etc. 2. Purpose. The purpose of respite care is to provide intermittent relief for persons providing care for DDD clients, on eithe� an emergency or planned basis, to assist a client to remain in the Isast restrictive osHS c�c�i c«,t�a s�� 1735LP Age�cy Respite Care InteAocal (415-09� Pe� 9 environment. Care shall be provided in the residence of the clienYs family/relative, in the licensed residence/facility of the Contractor, or in a Community Setting. 3. Contractor Qualifications. a. The Contractor shall be licensed, registered, and certified as is required by law. b. Community settings providing respite care must meet the regulations goveming their business or activity. c. The Contractor agrees to undergo a criminal history background check conducted by DSHS, as required by RCW 43.20A.710. If the Contractor has employees or volunteers who will have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor will conduct criminal history background checks on those employees. 4. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of wo�lc, as set forth below: a. Upon receipt of and in accordance with the provisions of a written seivice authorization form issued by DSHS the Contractor shall: (1) Provide physical assistance, support and p�o#ective supervision to the client in daily routine activities and to prevent injury to him or herself and to athers; (2) Obtain information about the client's identified needs and care requirements from the pa�ent(s) or primary caregiver(s) and ensure that the client's needs are met while providing services; (3) Contact the clienYs parent or primary caregiver(s) if the Contractor has not heard from them within seven (7) days of the Contractor's receipt of the service authorization to make ar�angements for specific dates and times of care; (4) Make a�rangement with the primary provider of assistance for emergency medical treatment should this become a necessity (5) Maintain copies of all Social Service Payment System (SSPS) authorizations to provide services; and (6) Complete and maintain copies of the work verification records for all services provided. These records shalt be kept on file by the Contractor for the duration of this Contract and thereafter for a period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring and/or service veri�cation. b. In addition to the above, the contracto� may also provide as authorized the following: (1) Pravide the client transportation to and from community resources and agencies; (2) Provide written progress reports as requested by a DDD Case Resource Manager or per other DDD procedures; and c. Community Settings shalt provide care that assists the ciienYs participation in a safe manner. (See section 4.e.(3).(a) through (f) below). d. Contractor shatl not require client, clienYs guardian and/or client's legal representative to ente� into DSHS CenUal Contract Services 1735LP Agency Respite Care Inte�local {415-09) Page 10 any agreement releasing or limiting contractor's legal liability for injuries arising out of premises operation, acts of independent cont�actors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing senrices under this contract unless cont�actor, at the same time, requires client, clienYs guardian and/or clienYs legal represe�tative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractor causing injuries arising out of premises operation, acts of independent contractors, products completion, or personal injur'�es sustained due to contractor's negligence in connection with providing services unde� this contract. e. Further Requirements for Agency and Licensed Facilities: (1) The Contractor shall not provide care if the�e is no vacant bed in the licensed home or the provision of care exceeds the number of licensed beds in the home. (2) The Contractor shall ensure that they or their care providers possess the following minimum qualifications (a) Be twenty-one (21) years of age or older, (b) Possess the following minimum standards of knowledge and experience: i. General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness and caring to the client; and ii. Knowledge of when and how to contact the clienYs representative a�d the clienYs case manager. (c) Adequate skills to read, either directly or through an interprete�, understand, and implement the services authorized in the plan; � (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information �equired to implement the clienYs written service plan(s) and verbal instructions; and (e) Adequate skills to maintain provider records of services perfo�med and payments received. (3) The Contractor shall ensure that the care providers are able to: (a) Understand specific directions for providing the ca�e that an individual client requires; (b) Provide services within the scope of practice for their profession/skill level; (c) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (d) Identify problem situations and take app�op�iate action; (e) Respond to emergencies wi#hout direct supervision; and (f) Accept the clienYs individual differences and preferences when performing routine tasks. f. Cooperate with DSHS in the evaluation of their performance under the terms of this Contract including the following: DSHS Central Conlract Services 17351P Agency Respite Care Interlocal (415-09) Pa9e �� (1) Follow-up contact with clients, their families, guardians or primary caregivers regarding thei� satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monito�ing of service documentation records, verification of provider qualifications, and of billing and payment data in SSPS. 5. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: a. The fee for service shall not exceed the rate listed in Exhibit A— Rate Schedule. b. DSHS will only reimburse the Cont�actor for the number of hours authorized and provided per client. c. tn case of a legislatively mandated vendor rate change, the rates will be adjusted accordingly and will be inco�porated into this ContraEt on ihe date the rate(s) become effective. DSHS will provide written notification of rate increases to the Contractor. 6. Billing and Payment. a. DSHS shall issue invoices generated by SSPS to the Contractor. b. The Contractor shall indicate on each invoice received from DSHS whether the services were delivered. c. The Contractor shall submit the invoices for payment as directed on the invoice or by using Invoice Express. d. The Contractor shall contact the DSHS staff who authorized the services if the�e is any problem with the SSPS invoice. � e. DSHS shall use the completed SSPS invoice to generate payment to the Contractor. f. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when clients are not seen or served by the Contractor. g. In the event that the Client has fewer waiver resources available than the rate set in Exhibit A, the client or their family may choose to receive the services and pay the difference of the authorized amount and the Exhibit A set rate. The authorization will reflect this difference, if any. The Contractor accepts the DSHS payment amount, together with any Client participation amount, as sole and complete payment for the services provided under this Contract. The Contractor agrees to be responsible for collection of the ClienYs participation amount (if any) from thg Client in the month in which senrices are provided. . h. DSHS will only reimburse the Contractor for authorized services p�ovided to clients in accordance with this ContracYs Statement of Work and the clienYs Service Plan. If DSHS pays the Contractor for any other services, the amount paid shatl be considered an overpayment and must be retumed to the Depa�tment. i. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount paid shall be considered to be an overpayment. j. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and DSHS Central Contract S�vices 1735LP Agency Respite Care Intertocal (415-09) pege �2 provided through the date of termination. 7. ' Duty to Report Suspected Abuse. In addition to the preceding Services, the Contractor shail report, in accordance with state law, all instances of suspected Client abuse immediately to the Department at the current state abuse hotline (1-800-562-6078). 8. Duty to Repo�t Unusual lncidents. The Contractor shall submit written informatiort of any unusual incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this Contract within seventy-two (72) hours. 9. Duty to Report Death of Clients. The Contractor shall report al1 deaths of DSHS clients receiving senrices from the Contractor within twenty-fou� (24) hou�s to the DDD Resource Manager or the DSHS contact listed on page 1 of this contract. 10. Drug Free Workplace. The Cont�actor, and the Contractor's employees and sub-contractors, shall abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties. 11. Insurance. For purposes of this Agreement: a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies. by checking the approp�iate box below, initialing to the left of the box selected, and signing this Agreement, that: � The Contracto� is self-insured or insured through a risk pool and shatl pay for losses fo� which it is found liable; o� ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide ce�t�cates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liabilitv Insurance tCGL) — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each OccuRence - $1,000,000; General Aggregate -$2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, p�oducts-completed operations, personal injury, adve�tising injury, and liability assumed unde� an insu�ed contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Ce�tral Contract Services 1735LP Agency Respite Care Mterlocal (4! 5-09) Page 13 Exhibit A Rate Table � �P�ovider �� . �� Rate� � '�:� ��.�. s; ; - �P.�%�a��-�� t�� Cod�s �� - : Galcula#icn � � : :�, '- . �. � � .. _: , Out-of home in a licensed $10.03 hr facility: Not to exceed 8 hours 7362 — Agency ■ Daycare/Childca�e Daily =$80.24 in a 24 hour period. respite (IFS) ■ Child foster home, [8 hrs x$10.03] � ■ AFH � 7811 (VPS state- � ARC only) Prior approval required to authorize 8178, 8278, 8378, more than 8 hours 8377 Child group home $17.38hr Not to exceed 8 hours 7362 — Agency in a 24 hour period respite (IFS) Staffed residential home Prior approval 8177, 8277, 8377 required to authorize 8777 more than 8 hours Home care agency: $17.38hr Pay for each hour 7362 — Agency in clienYs home respite (IFS) 8177, 8277, 8377,8777 Camp and other community $17.38hr Number of Hours = settings providing respite Cost of service = 8177, 8277, 8377, $17.38. 8777 Round up to the nearest hour. Notes: • Respite and personal care cannot be paid at the same time for the same service. Respite services include any personal care and supenrision that is needed. � SSPS authorizations will be authorized at an hourly rate. ■ Community Settings will be reimbursed at the Contractor's published fee for services provided. A copy of the Contractor's Published Service and Fee Schedule can be located at the following web site . A printed copy of the Contractor's Published Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year services are provided by this Contract. • Respite services must be tracked separately from personal care senrices DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (415-09) Page 14 COUNCII. MEETING DATE: May 18 2010 __ _ __ _ __ _ _ _ .__ _ CITY O� FEDERAL WAY CIT'Y COUNCIL AGENDA BILL 6 ..... _...._. . .. .... ._.... ITEM #:_� _.._.. ___ ____ SUBJECT: FIRST AMENDMENT FOR LANDSCAPE SERVICES AT FEDERAL WAY COMMUMTY CENTER POLICY QUESTION Should the Council authorize a first amendment for a service contract with Green Effects? COMMITTEE: PRPSC CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE May 3 , 2010 ❑ Public Hearing ❑ Other STAFF REPOR BY Ste hen Ikerd Parks & Facilrties 1Vlana er DFPT: PRCS _....._.......... .._.... _...........P............__ .....__._...._�........_._......_......_...... _ . . _ ._.... _ � ....._....... _._......... _ ..._..._ ..._ .._ .. __ . _ _ . . Grreen Effects has successfully provided Landscape Maintenance Service to the Federal Way Community Center for 2 years. By mutual agreement we seek authorization to extend their service contract for an additional2 years at a reduced rate of $18,660.42 per year. Reduction is due to warranty period completion on streetscape and Public Works assumed responsibility for the trees and mow strip. Amendment summary: Contract summary: $40,000.00 — total current adjusted operations budget for 2 yrs. $54,964.22 — original contract (2008-2010) 37,320.84 -- total amount for a 2 yr extension.(2010 -12) 37,320.84 — 1'` amendment (2010-2012) 2,679.16 — balance remaining in landscape line item. $92,285.06 — total4 yr amount r..ot to exceed Attachments: none Options Considered: 1 Authorize the lst amer�dment 2. Do not authorize the 1 amendment & give direction STAFF RECOMMENDATION Staff recommends Council authorize option 1 and approve a first amendment with Green Effects for $37,320.84, effective May 1, 2010 through Apri130, 2012 with a total contract compensation of $92,285.06 CITY MANAGER APPROVAL: ,I.�.�� ''�� _ �!.�!�� d� � DII2ECTOR APPROVAL: Committee Council Comrcittee' ouncil COMMITTEE RECOMMENDATION Approve option 1; first amendment with Green Effects for $37 ,32D.84 , effective May 1, 2010 through April 30, 2012 with a total contract compensation of $92,285.06 and forward to full Council on consent agenda May 18th, 2010 for approvaL Committee Chair 1 ni ee Committee Member PROPOSED COUNCIL MOTION "I move approval of option 1; first amendment with Green Effects for $37,320.84, effective May 1, 2010 through April 30, 2012 with a total contract compensation of $92,285.06 and authorize the City Manger/Police Chief to execute the amendment" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # _ _ _. __ _ _ _ _ _ o _... _ _ t'OUNCIL MEETING DATE: May 18, ZO10 ITEM #: � 1 _ _. __ _ _ _ L� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RUSH COMMERCIAL CONSTRUCTION, INC. RETA[NAGE RELEASE POLICY QUESTION Should the City accept the contract with Rush Commercial Construction, Inc. as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE May 3, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephen Ikerd Parks & Facilities Mana er DEPT PRCS _._ .............._....__.........�..___._...__.............................................................................................._........_....._.........................._....._....._................... ............. ...... ... $.............................................._......._._.............._.._._......_................_. ............................................._..._........_...__.._._..._....__ _ __._.........._ Attachments: See Attached Rush Commercial Construcrion, Inc. Retainage memo Options Considered: 1. Accept the contract as complete 2. Do not accept the contract as complete and provide staff direction. STAFF RECOMMENDATION Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $2,760.53 to Rush Commercial Construction, Inc. CITY MANAGER APPROVAL: D W�ISfi�'1 y jJ(.o .W� �3I�� DIRECTOR APPROVAL: -�� (%�"� to Committee to Council to Committee To Council COMMITTEE RECOMMENDATION: Option:�_ � "�� _ _ -.�-� Committee Chair Committee Member �ROPOSED COUNCIL MOTION: "I move to accept the contract as complete and authorize sta to release retainage in the amount of �2760.53 to Rush Commercial Construction, Inc. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # ciTV oF � ��! �' �y Parks and Facilities Division Date: To: From: Subject: May 3, 2010 PRHSPS Council Committee Stephen Ikerd, Parks & Facilities Manager Rush Commercial Construction, Inc. Retainage release History: The City contracted with Rush Commercial Construction, Inc. for the Cafe construction and installation of equipment at the Federal Way Community Center. The total construction amount of $60,455.60 including tax ended up being $1,273.97 above the original contract amount, due to one change order. The change order resulted from the difference between the bid plans to the discovery of extra thick concrete in the floor where new drain lines were installed. This extra concrete removal and pour back resulted in more work and materials than quoted. The entire Cafe project was funded with $111,896.00 in the budget. The project was planned with two separate contracts, which included the supply of commercial restaurant equipment for a total of $25,458.25 and this construction phase total of $60,455.60, resulting in a grand total of $85,913.85. 10% contingency was not included in the Rush Commercial Construction, Inc. contract, so an amendment to their contract was created. The $1,273.97 wilt be paid out of the balance in the allocated project amount of $111,896.00. Rush Commercial Construction, Inc. has completed all the work within their contract and staff is requesting that Council approve to accept the work as complete and release the 5% retainage amount of $2,760.53. Budget Summary: $ 54,047.23 Rush Commercial original contract amount +1,163.44 55,210.57 5,245.03 $ 60,455.60 Change order Rush Commercial subtotal Sales tax Total Rush Commercial contract amount + 25,458.25 Supply of Commercial restaurant equipmenf $85,913.85 Total amount for the supply of equipment and construction $111,896.00 Council approved funding - 85,913.85 Total supply and construction $25,982.15 Balance after the supply and construction phase of the Cafe Retainage calculation: $55,210.57 Contract total before tax; which Retainage is calculated from. 5% - held for Retainage = $2,760.53 CC — Cary Roe; P.E., Parks & Public Works Director/Emergency Manager COUNCIL MEETING DATE: May 18, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� SUBJECT: INTRODUCTION OF POTENTIAL ASSIGNMENT OF PURCHASE AND SALE AGREEMENT FOR FORMER AMC THEATERS SITE TO TWIN DEVELOPMENT POLICY QUESTION Should the City Council consider the request to assign United Properties' Purchase the Sale Agreement for the former AMC Theaters site to Twin Development for redevelopment of the former AMC Theaters site and consider the conceptual modification to the development? COMMITTEE N/A CATEGORY: � Consent � City Council Business ■ � Ordinance Reso}ution MEETING DATE N/A ❑ Public Hearing ❑ 4ther STAFF REPORT BY_ Patrick ^ Doherty , Economic Development Director_ ___ DEPT:_City Manager __ � Attachments: Staff report and prospectus submitted by Twin Development BACKGRQUND: In The City negotiated a Purchase and Sale Agreement ("Agreement") with United Properties of Vancouver, British Columbia for purchase and redevelopment of the former AMC Theaters site in the City Center. On March 23, 2010 the City Council approved a fifth and final extension of the closing date for the purposes of allowing United Properties to pursue active potential development entities interested in taking over the Agreement. That new closing date under the Agreement is September 30, 2010. United Properties entered into an agreement with Twin Development, LLC whereby Twin Development would assume the Agreement with the City and redevelop the site if the City Council approves the assignment. United Properties is expected to submit by the Council's May 18, 2010 meeting a letter to the City officially requesting assignment of the Agreement to Twin Development. A copy of that letter will be provided prior to that meeting. The attached prospectus from Twin Development describes that entity's partners and their experience, as well as any potential development partnerships. The staff report provides a proposed timeline far Council to consider and possibly approve the assignment to Twin Development with a revised development in concept. Any approval would be contingent upon: o Collabaration with staff over the summer to negotiate all necessary revisions to the Agreement to represent the new development entity, revised development concept, etc. o Presentation of the proposed revised Agreement to City Council at its September ?, 2010 meeting. It is important that the revised Agreement be presented for Council review and approval at the September 7�' meeting to allow sufficient time for Twin Development to finalize closing on the property by the September 30, 2010 final closing date. It should also be noted that City Council approval in concept of the redevelopment scheme proposed by Twin Development DOES NOT constitute nor does not supersede the City's land use approval of the project, which wili occur only after a complete land use application for the revised project has been submitted to the City. Options: Council consider the new information, allow public comment and ask questions for Staff and Twin Develapment to return to the June 1, 2010 City Council meeting with the requested information. TAFF RECOMMENDATION: n/a ITY MANAGER APPROVAL: �I�-+ IRECTOR APPROVAL: � - Committee �� Committe Co il COMMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): N/A � (BELOW TOBE COMPLETED BYCITYCLERKS OFF/CE) COUNCIL ACTION: � APPROVED COUPICIL BILL # ❑ DENIED 1sT reading O TABLED/DEFERRED/P10 ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RE V ISED — 02/06/2006 RESOLU770�Y # . . � r �r � MEMORANDUI�I DATE: MAY 1l, 2010 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF FROM: PATRICK DOHERTY, ECONOMIC DEVELOPMENT DIRECTOR PATRICIA RICHARDSON, CITY ATTORNEY A�- SUBJECT: STAFF REPORT — POTENTIAL ASSIGNMENT TO TWIN DEVELOPMENT FROM UNITED PROPERTIES REGARDING DEVELOPMENT AT THE OLD AMC THEATERS SITE. On March 23, 2010 the City Council approved a fifth and fmal extension of the closing date for the Purchase and Sale Agreement ("Agreement'� to provide time for United Properties to pursue active potential development entities interested in taking over the Agreement. The new closing date is September 30, 2010. It is Staff's understanding that United Properties has entered into an agreement with Twin Development, LLC whereby United Properties will request that the Ciry Council agree to assign the development project to Twin Development and redevelop the site. United Properties is expected to submit by the Council's May 18, 2010 meeting a letter to the City officially requesting assignment of the Agreement to Twin Development. A copy of that letter will be provided prior to that meeting. BACKGROUND The City purchased the former AMC Theaters site in January 2007 for $4.1 Million. The Request for Qualifications was issued on March �2, 2007 with a response deaclline of Apri19, 2007. The City received three proposals, but one responder dropped out of the competition. Leland Consulting Group was hired to provide an analysis of the two responses and to provide a development economic analysis. In both analyses, the Leland Group recommended United Properties. Both developers made presentarions regarding their proposals and answered questions at a Special Council Meeting on June 21, 2007. The proposal submitted by United Properties would include: (1) one acre public park; (2) four towers of mixed use — residential and retail; (3) underground parking; and (4) space for Highline Community College. Addirionally, United Properties offered to pay $6.156 Million. On J� i� , 2007, a regularly scheduled City Council meeting, the Council voted to award the redevelopment to United Properties and directed Staff to hegin negotiating a Purchase and Sate Agreement with Development Covenants. Staff and United Properties diligently negotiated the Agreement with Development Covenants. On December 4, 2007, the City Council approved the Agreement with Development Covenants at its regularly scheduled City Council meering. AGREEMENT Salient points of the Agreement include: (1) easement for the Safe Cities System; (2) conveyance of the public park to the City after the completion of Tower 1; (3) development covenants will be binding on alI future development unless the City and land owner negotiate a different agreement; (4) public parking will be provided; and (5) design guidelines are specifically set forth. Exhibit C to the Agreement with nine attachments set forth the development covenants. Areas addressed include: (1) the site plan; (2) conceptual park plan; (3) parking plan; (4) design guidelines; (5) the RFQ and corresponding response; and (6) the development schedule. The parties agreed that the Agreement could be assigned. However, the assignment has some limitations. First, Council must provide written consent. Second, the approval of the assignment "shall not be unreasonably withheld, delayed or conditioned". Third, the potential assignee's financial qualifications to perform the terms of the Agreement may be considered. The parties also agreed that the Development Covenants as set forth in Exhibits A through O could be moclified subject to the City Council's approvaL INTRODUCT'ION OF POTENTIAL ASSIGNEE It is StafPs understaMding that United Properties intends to submit a letter by May 18, 2010, formally requesting assignment of the Agreement to Twin Development, LLC. Twin Development's prospectus is attached to the agenda bill. It is also StafPs understanding that Twin Development intends purchase the properly for $6.156 Million; that high-rise mixed-uses project will indude a substantial component of residential units; and an acre plus public park will be developed. Twin Developments wilI provide a detailed presentation with illustrations at the May 18, 2010 City Council meeting. PROPOSED TIMELINE The proposed timeltne is driven by the closing date of September 30, 2010, and time for negotiations has been factored into the timeline. In order for closing to occur on September 30�, the City Council would need to take action at the September 7, 2010 City Council to approve or not approve the assignment and the revised Agreement as negotiated by Twin Developments and Staff. May 18, 2010 United Properties formally requests the City Council approve the assignment of the Agreement to Twin Development. Twin Development presents its development concept Public Comment and Council quesrions June 1, 2010 Staff and Twin Development return to the City Council meeting to provide follow-up infarmation as requested. Public Comment and Council quesrions Ciry Council may approve the assignment to Twin Development with the understanding that the parties negotiate a modification in good faith 2 June 15, 2010 Staff and Twin Development return to City Council if the Council has not approved the assignment. Ciry Council may approve the assignment to Twin Development with the understanding that the parties negotiate a modification in good faith June 16 through August 31 September 7 September 30 (or earlier) Staff and Twin Development negotiate a modified Agreement City Council takes action regarding Twin Development assignment and a proposed modified Agreement Twin Development purchases the property with the negotiated Development Covenants. K:\cm\ed\amc\symph\assign twin staff report Twin Development LLC Introduction and Initial Presentation of the Revised "Symphony" Project May 18, 2010 Develoument Team: Twin Development LLC ("Twin") is owned and co-managed by three members: Luke Hwang, Pom Kwak and Steve Smith. Mr. Hwang and Mr. Kwak are the co-founders of Twin, which they started over two years ago for the sole purpose of developing an EB-5 visa project in Federai Way's core area. Ahout a year ago, Mr. Hwang and Mr. Kwak asked Mr. Smith to join Twin, and to serve as the project developer. Mr. Hwang is an experienced entrepreneur and a licensed real estate broker who has handled a large commercial real estate portfolio for the past 13 years. Mr. Kwak is also an experienced entrepreneur and has been involved in various businesses during the past 20 years. Mr. Hwang and Mr. Kwak together are responsible for the promotional efforts of the project, both locally and internationally. Mr. Smith is a local developer with a 23-year track record of multi-family and mixed-use projects spread throughout the Puget Sound region. His portfolio includes over 40 different projects consisting of about 4,000 dwelling units with an aggregate value exceeding $900 rnillion. For more information please visit www.stevesmithdev.com. Mr. Smith's primary duties include the day-to-day oversight, development, design, construction, marketing and sellout of the project. Proiect ConceQt The overall project concept will, like the original Symphony concept, make the highest and best use of the 4-acre site, creating an aesthetically-appealing, pedestrian-friendly, highly-urban destination community. A total of about 700 residential and hotel units will be built, along with an appropriate amount of office and retail space, in a three building configuration. Two buildings will be up to 45 stories tall and the third building up to 30 stories. Placement of each building will maYimize the southern and western exposures and views from the site. In order to maximize the pedestrian-friendly feel of the project a three to five story base will surround each tower, and retail space will extend to the sidewalks. The retail space will be occupied by businesses which serve and engage the surrounding residents. A one-acre public park will serve as the centerpiece of the project, which will also be ringed by consumer-oriented retail businesses. The 700 units will consist of about 150 hotel rooms and 550 condominiums. The design of the condominiums will be universal and cosmopolitan, appealing to local and international buyers, young and old. All modern conveniences will be offered, including typical hotel services. The most advanced technology will be built into the private Iiving spaces as well as the common areas, enhancing the security and comfort of the residents. Construction is expected to start in 201 l. Depending on marketing considerations, construction will occur in two or three phases. This wi11 extend the construction period to an end date of 2014 or 2015. Delivery of finished turn-key condominiums will take place in 2013 or 2014. 2014 should be a good year to deliver condominiums ofthis quality. The existing inventory of comparable condominiums on the market preserrtly, located in Seattle and Bellevue, will be fully absorbed by the market four years from now. Furthermore, it is Iikely that competition will be minimal in 2014, as evidenced by the lack of pipeline development activity presently. Business Plan Total cost of the project, including land, construction, and soft costs, is projected to exceed $300 million. Project costs will be paid by a combination af immigrant investors and institutional financing. The immigrant investors will be investing in the project pursuant to the EB-5 visa program administered by the United States Citizenship and Immigration Service (USCIS). In November 2009 Twin and the city of Federal Way were successful in obtaining a Regional Center (RC) designation far the downtown core area of Federal Way, paving the way for Twin to raise investment dollars from immigrant investors for the proposed project. At the present time, only Twin has been approved to build a project of this magnitude in Federal Way. No other developer may take advantage of the RC designation without first going through the lengthy approval process, and there are na guaranteed that USCIS would approve such an application. Twin started its approval process well over a year ago. Primary marketing efforts will take place locally in South King/North Pierce Counties and in Korea. Other parts of Asia such as China will also be targeted for investors. Any investor from any part of the world will be welcomed, provided he or she qualifies under USCIS rules. All investors, for example, are required to prove that the monies he or she is investing were earned lawfully; and also that the investor does not have a criminal record. The immigrant investor will invest either $500,000 or $1,000,000. If Twin is successful in designating the RC a Targeted Employment Area (TEA), then Twin has the option of lowering the minimum investment amount to $500,000. This question however, is not critical. Investors will still choose to invest, even at the $1 million level, albeit at a slower rate. Investors will participate in the profit flowing from the successful completion of the project. 1Vlany investors are expected to become buyers of the individual condominiums. Buyers will be locai as well as international in origin and will come from a wide variety of demographic groups: young urban professionals, middle-aged DINKS (double-income, no kids), as well as empty-nesters and senior citizens. The project will appeal to all those who wish to positively enhance their daily life experiences, from security to transportation to one's daily morning routine. � Presale marketing efforts will begin upon start of construction in 2011. By the time the first phase is complete in 2013 or 2014, it is expected that approximately half of the condominiums will be sold and soon occupied in that first phase. Completing the sellout of all condominiums may extend to two years beyond completion of construction, or 2017. 3 COUNCIL MEETING DATE: May 18, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: � .6 SUBJECT: PROPOSED SETTLEMENT AGREEMENT REGARDNG NANCEE RABAGO AND MICHAEL MCCORD POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE SETTLEMENT AGREEMENT REGARDING NANCEE RABAGO AND MICHAEL MCCORD? COMMTTTEE: N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: PATRICIA RICHARDSON, CITY ATTORNEY MEETING DATE N/A ❑ Public Hearing ❑ Other DE�t': Law In May 2009, Nancee Rabago and Michael McCord filed a lawsuit arising from their detention during a prescription fraud investigation. Specifically, the plaintiffs claimed (1) civil rights violation for an illegal seizure and arrest; (2) unnecessary force; (3) unlawful search; (4) false arrest/imprisonment; and (5) assault and battery. The trial was set for October ZOl 0. T'he complaint filed by the plaintiffs claimed $750,000 in damages. On April 21, 2010, the parties attended a court-ordered mediation conducted through Washington Arbitration and Mediation Services. The City was represented at mediation by outside legal counsel, attorney Robert Christie, and by Reed Hardesty on behalf of WCIA (the City's insurance carrier}. The parties agreed on a proposed settlement of $50,000, and costs of the mediation to be paid by the City. T'he proposed agreement specifically does not admit any liability on the part of the City and requires the plaintiffs to release the city from all claims. Options Considered: 1. Approve the proposed settlement regarding Nancee Rabago and Michael McCord. 2. Request WCIA reconsider the proposed settlement regarding Nancee Rabago and Michael McCord. STAFF RECOMMENDATION Option 1 CITY MANAGER APPROVAL: , W.I� Sl �� APPROVAL: 0 A'IZ Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " move approval of Option 1 " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi� ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— OZ/06/2006 RESOLUTION # COUNeIL MEETING DATE: May 18, 2010 ITEM #: lf� � CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CANCELLATION OF AUGUST 17, 2010 CITY COUNCIL REGULAR MEETING POLICY QUESTION Should the City Council suspend the Council Rules of Procedure and cancel the August 17, 2010 Regular Meeting? COMMITTEE N/A CATEGORY• ❑ Consent � City Council Business STAFF REPORT BY: Carol McNei Background: ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other DEPT: City Clerk Historically the City Council has cancelled the second Regular Meeting in August to allow for summer vacations for Councilmembers and staff. Section 2.1 of the Council Rules of Procedure states the City Council will conduct Regular Meetings the first and third Tuesday of each month. Section 24.1 of the Council Rules of Procedure states any provision of the rules not governed by law or ordinance, may be suspended by a two-thirds (2/3) vote of the Council. Options Considered: l. Cancel the August 17, 2010 Regular Meeting 2. Conduct the August 17, 2010 Regular Meeting STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL N/A Committee COMMITTEE RECOMMENDATION: r IJ�� DIRECTOR APPROVAL N/A Council Conunittee Councit N/A N/A N/A Co mmi tt ee C hair Committee Member Committee Member PROPOSED COUNCIL MOTION `I move to suspend the Council Rules of Procedure for the purpose of cancelling the August 17, 2010 City Council Regular Meeting. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLiTTION # COUNCIL MEETING DATE: May 18, 2010 ITEM_#: ��` CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: Amendments to Federal Way Revised Code (FWRC) Title 18 "Subdivisions" and Title 19, "Zoning and Development Code." POLICY QUESTION Should the City amend Federal Way Revised Code (FWRC) 18.60.50, "Streets and Rights-of- Ways," of the Subdivision Title 18 and Chapter 19.135 FWRC, "Development Improvements," of the Zoning and Development Code Title 19 to make corrections related to block perimeters? COMMITTEE Land Use and Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE May 3 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY M anne Zukowski P.E., Senior Traffic En ine�_ DEP'r: Public Works _�.....�......__..—........._...._..�_....___�....._...___..__._�'___.... _ . _......._.._........._._.� _____.---___._._.._—.—_........... ._�z__� _�._...__V__._._...__—�_�---- — Attachments: 1) Planning Commission staff report for the Apri121, 2010 meeting, with Exhibits A-B; 2) Minutes of the Apri121, 2010, Planning Commission public hearing, and; 3) Draft adoption ordinance. Background: The proposed amendments are a part of the 2010 Planning Commission Work Program. Presently, the city regulates the size of block perimeters to no greater than 2,640 feet, as measured on centerlines unless a modification is granted. However, although this language is contained only within the Subdivision Title, it is applied to all development. The proposed code amendment is intended to delete the language from the Subdivision Title 18 (Exhibit A) and add it to the Zoning and Development Code Title 19 (Exhibit B), with a cross reference in the Subdivision Title 18 to the Zoning and Development Code Title 19. Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as modified by the LUTC: or 3) Do not adopt the Q ro sed amendments. . __L�..._..__-------.......__...��...�...---..___.�...�._�__.._._._.___...---___._ _---.._.._...__._...�_.._..._..______.._�..—_____.____.__.._._.—_...�_.__�,....__..__-------_..---_._.__ STAFF RECOMMENDATION Staffrecommends the Council adopt Option #1 , adopt the Planning Commission's recom mendation as contained in the Draft Adoption Ordinance. CITY MANAGER APPROVAL: �.U�� `� {Q(t� ��W �1�I� DIRECTOR APPROVAL: _ i�� G• � Committee Council Committee Council COMMITTEERECOMMENDATION: C,VYYty'{'I,l�'I" �m ��" �'�� G8''i �U � Clru..�'tGi 1 41'z�i Cei rY f� �►�' r � Dini Duclos, Chair errell, Mexnber ac ove , ber PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (OS/18/lO) move to forward the ordinance to a second reading for enactment on the June 1, 2010, consent agenda. 2'� READING OF ORDINANCE (06/Ol/10) "I move approval of the LUTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLER&S OFFICE) COUNCIL ACTION: n ❑ APPROVED COUNCIL BILL # � ��'1 ❑ DENIED 1� readiag ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOL[JTION # _ ,.:`>�r>;� �f7�1 t;iF �<:`='�=r �� Da7'E: To: FROM: Sus.rEC'r: MEET[NG DATE: PLANNING COMMISSION STAFF REPORT Apri12, 2010 Chair Merle Pfeifer and Members of City of Federal Way Planning Commission Greg Fewins, Director of Community Development Services Maryanne Zukowski, PE � Amendments to the Subdivision Title and Zoning and Development Code Title Related to Block Perimeter Standards Apri121, 2010 A. POLICY QUESTION Should the city amend Federad Way Revised Code (FWRC) 18.60.50, "Streets and Rights-of-Ways," of the Subdivision Title IS and Chapter 19.135 FWRC, "Development Im�rovements," of the Zoning and Development Code Title 19 to make corrections related to block perimeters? B. ATTACHMENTS Exhbit A— Amended FWRC 18.60.50, "Streets and Rights-of-Way" Exhibit B— New FWRC 19.135.251, "Block Perimeters" Exhbit C— Ema.il Notification to Stakeholder List of Planning Commission Public Hearing Exhibit D— Email Notification to Stakeholder List of Planning Commission Staff Report C. BACKGROUND & ANALYSIS Presently, the city regulates the maximum size of blocks to be no greater than 2,640 square feet. However, although this language is contained only within the Subdivision Title, it is applied to all development. The proposed code amendment is intended to delete the language from the Subdivision Title 18 (Elchibit A) and add it to the Zoning and Development Code Title 19 (Exhibit B), with a cross reference in the Subdivision Title 18 to the Zoning and Development Code Title 19. Language praposed to be deleted is shown as si�eet�� and proposed new language is shown as underline. D. PROCEDURAL SLTMMARY The praposed code amendments are exempt from environmental review pursuant to State Environmental Policy Act (SEPA) Rules 197-11-800(19), "Procedural Actions." They relate solely to govemmental procedures containing no substantive standards respecring use or modifica.rion of the environment. Text Arnendment — Block Perimeter Standards File #10-10t313-UP Planning Commi�.sion Staf�'Report Page I of 3 Public notice of the Planning Commission public hearing �vas published in the Ferler�r! l��rt� Ntirr•or on Aprii 3, ?010, and emailed to the department�s stakeho(ders (Exhibit C). This staff report «as also emailed to the department�s stakeholders (E�:hibi[ D). E. BASIS FOR PLa1VNING COMMISSION ACTION FWRC Titte !9, ��Zoning and Development Code," Chapter 19.80, ��Process VI Review," estabtishes a pzocess and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Commission is as foilows: l. To review and evaluate the proposed development regularion amendments. 2. To determine whether the praposed development regulation amendment meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment. F. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for development regularion amendments. The following section ana.lyzes the co�liance of the proposed amendments with the criteria provided by FWRC L9.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response — The proposed code amendment is consistent with the following Federa! Way Comprehensive Plun (FWCP) land use policies: LUP4 — Maximize efficiency of the development review process. LUP6 — Conduct regular reviews of the development regulations to deternune how to improve upon the permit review process. T'P 1— Integrate land use and transportation plan decisions to support the land use vision and plan. TPS — Protect neighborhoods from traffic irnpacts. TP14 — Provide access between ma.jor development areas idenrified in the recommended alternarive, while improving business access and protecting City neighborhoods. TP20 — Take advantage of opportunities to open new road connections to create route alternarives, especially in areas with few access choices. TP21 — Enhance traffic circulation and access with closer spacing of through streets, unless geographical constraints do not pernut. Limit the area to be served by a single access point commensurate with pianned density. Text Amendment — Block Perimeter 5taxtdards File #10-10t313-UP Planning Comrni��ion Staft' Report . Page 2 of 3 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare_ Strcff Res�onse The proposed code amendment bears a substantial relationship to public heaith as it wiil lirnit block sizes; thus, encouraging pedestrian activity, which contributes to public health. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response - T'he proposed code amendment is in the best interest of the city as it clarifies that block perimeter standards apply to all deveiopment and not just subdivisions. G. STAFF RECOMMENDATION Staffrecommends adoption of the code amendments as shown in Exhbits A and B. H. PLANNING COIVIIVIISSION ACTION Consistent with the provisions of FWRC 19.80240, the Planning Commission may take the following actions regarding the proposed development regulation �mendments: l. Recommend to the City Council adoprion of the FWRC text amendments as proposed; 2. Modify the praposed FWRC text amendments and recommend to the City Council adoprion of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to the City Council without a recommendation. K: Code Amendments\Block Perimeter�Planning Commis�ion\April 21 Pubiic Hearine`�StaffReportdoc Text Amendment — Block Perimeter Standards File tt10-101313-tiP Pianning Commission Statt' RepoR Page 3 of 3 EXHIBIT A Federal Way Revised Code Title 18 — Subdivisions Chapter 18.60 — Subdivision Improvements Sections: 18.64.010 Improvements required. t 8.60.020 Density regularions. 18.60.030 Buffers_ 18.60.050 Streets and rights-of-way. 18.60.060 Water. 18.60.070 Sewage disposal. 18.60.080 Storm drainage. 18.60.090 Other urilities. 18.60.100 Street lighting. 18.60.120 Monuments. 18.60.050 Streets and rights-of-way. (1) Streets within an approved land division shall be within a dedicated public right-of-way. Private. tracts may be used in short subdivisions and cluster subdivisions using cross-section rype "Y" as described in FWRC 19.135250. Ingress/egress and uriliries easements and aileys may be utilized when certain condirions established in the city of FederaI Way public works development standards aze met. (2) All streets within the public rights-of-way shall be improved to the standards specified in Chapter t 9. t3� FWRC, regarding required improvements to rights-of-way. Improvements to private tracts, alleys, and ingresslegress and utiliries easements shall corr�ly with the city of Eederal Way public works department development standards. (3) All streets abutting a land division shall be improved in accordance with Chapter 19.135 FWRC, and the city of Federal Way public works development standards regarding required improvements. (4) All traffic control devices within a land division sha11 be provided by the developer as required by the director of public works. (�) Block perimeters sha.11 complv with the stattdards of FWRC 19.135251. �--� ^°' �° •''°� '' �^^ � °` ° �°`' " °"`°"""°" �`'`"" , , e..+ .., .. l.e ..�..�.i;F;e.7 ;F....««e..ti..«.. ,. ,.� l.e .....,.ie .i,.o �... (6) Addirional off-site street and traffic control improvements may be required to mirigate impacts resulting from the land division. (Ord. No. 07-554, § S(Exh. A(2)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No_ 97-29i, § 3, 4-1-97; Ord No. 90-41, § i(16.300.10 - 16300.50), 2-27-9fl. Code 2001 § 20-180.) K:'�010 CoJe AmendmentslBlock Perimeter\Plannine Commission�.4pril 21 Public Hearing�Exhibit Adoc Pa�e 1 of 1 EXHIBIT B Federal Way Revised Code Titte 19 — Zoning and Development Code Chapter 19.135 - De�elopment Improvements Sections: e� Article [II. Right-of-Way [mprovements t9.135.130 Construcrion standards and specifications. 19.135.140 Medians. 19.135.150 Bicycle facilities. 19.135.160 Landscaping. 19.13�.170 Sidewalks. 19.135.180 Utiliries. 19.135.190 Street tighting. 19.135.200 Other standards and necessary improvements. 19.135.210 Principal arterial rights-of-way. 19.135.220 Minor arterial rights-of-way. 19.135.230 Principal coliector rights-of-way. 19.135.240 Minor collector rights-of-way. 19.135.250 Local street rights-of-way. 19.135.251 Block perimeters. 19.135.251 Block perimeters. Streets shall be provided to devela�p a street network with a block perimeter of no Qreater than 2 640 feet as measured on centerlines This requirement may be modified if connections cannot be made due to: (a) Topo�?raphical constraints. �) Environmentally sensirive areas. (c) Adjacent development not bein� conducive. K:`.2010 Code Amendments\Block PerimetertPlanning Commission�Apri121 Public Hearing�Exhibit B.doc Page i of i CITY OF FEDERAL WAY PLANNING COMMISSION April 21, 2010 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Sarady Long, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Tim O'Neil. Commissioners absent: Hope Elde"r (not excused). Staff present: Senior Planner Margaret Clark, Senior Traffic Engineering Maryanne Zukowski, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Pietv. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of February 17, 2010, were approved as written. AUDIENCE CO�VIMENT None ADMINISTRATIVE REPORT Ms. Clark reminded the Commissioners of the City of Federal Way Volunteer Dinner to be held this Frida.y, Apri123`� and encouraged them to attend. Based on City Council direction, staff will be applying for a grant from King County Health. The funds are for health related issues and South King County is a focus area. Staffplans to apply for $300,000 to prepare a Pedestrian and Bicycle Plan that will be incorporated by reference into the Federal Way Comprehensive Plan. In addition, staff will be asking the City Council to consider a subarea plan for the area near Fred Meyer. COMMISSION BUSINESS PUBLIC HEARING — Block Perimeter Ms. Zukowski delivered the staff presentation. Presently, the city regulates the size of block perimeters to no gi`eater than 2,640 feet, as measured on centerlines, unless a modification is granted. However, although this language is contained only within the Federal Way Revised Code (FWRC) Subdivision Title, it is applied to all development. The proposed code amendment is intended to delete the language from the Subdivision Title 18 and add it to the Zoning and Development Code Title 19, with a cross reference in the Subdivision Title 18 to the Zoning and Development Code Title 19. Commissioner O'Neil asked what advantage is there to breaking up superblocks. Ms. Zukowski responded that one of the advantages is that it makes the area more accessible, to both foot and vehicle traffic. Commissioner Long asked which deparirnent (Community Development or Public Works) will have authority to allow modifications. Ms. Clark replied she assumes it will be Public Works, since the amendment deals with streets. C:�Documents end SettingsWarlenel�Local Settings\Temporary Intemet Files\Cootent.Outlook166HST1391Mce[ing Summary 04-21-10 (2).doc Planning Commission Minutes Page 2 Apri121, 2010 Commissioner Long noted that FWRC 18.55.10(4), which also regulates block perimeter, uses the word "should" instead of "shall." Should the word be changed to "shall"? Commissioner Carlson commented that the word should be "shall." Since that particular regulation was not reviewed as part of the proposed amendments, staff will research this issue. As part of the staff presentation, Ms. Zukowski showed a conceptual map plan of the city center with the superblocks broken up into smaller blocks. Commissioners asked how the city plans to achieve this conceptual design, given that many of the proposed streets run though buildings. Ms. Zukowski explained that the city does not have an "official plan" to achieve this conceptual map. Rather, as an area is redeveloped, the developer is asked to consider this concept (in addition to the block perimeter regulations) when planning the redevelopment. Sara Carlson, out-of-town visitor — Will it not cost the city a lot of money to create these streets? Chair Pfeifer explained that developers are required to mitigate, or pay, for road improvements. Commissioner Bronson moved (and it was secondec� to recommend the City Council adopt the FWRC text amendments as proposed. The motion carried unanimously. The public hearing was closed. ADDITIONAL BUSINESS Staff anticipates there will be no meetings in May. They are working on items from the Planning Commission Work Plan that will be presented once they are ready. AUDIENCE COMMENT None ADJOURN ' The meeting was adjourned at 7:25 p.m. C:\Documrnts and SMtings�derlenelU.ceel Settings\Temporary Intemet Fites\Content.OuUook�66HS"f1391Mcering Summary 04-21-10 (2).doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Subdivision Improvements amending FWRC section 18.60.050 Streets and rights-of-way and adding a new section to FWRC 19.135 amending Ord. No. 09-630, Ord. No. 07-554, Ord. No. 98-330, Ord. No. 97-291 and Ord. No. 90-41. WHEREAS, the City recognizes the need to periodically modify Title 18 of the Federal Way Revised Code (FWRC), "Subdivisions" and Title 19 of the FWRC, "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 18 FWRC and Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt new amendments to the FWRC which establish and clarify development regulations for Block Perimeter Standards within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to adopt new housekeeping amendments to the FWRC which clarify how the code is to be implemented; and WHEREAS, an Environmental Threshold Determination was not necessary as the amendment is related solely to governmental procedures and therefore, categorically exempt from the State Environmental Policy Act; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on Apri121, 2010, and forwarded a recommendation of approval; and Ordinance No. 10-- Page 1 of 6 Rev 1/10 LU WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on May 3, 2010, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Findin�s. The City Council of the City of Federa.l Way makes the following findings with respect to the proposed amendment. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing clarification for Streets and rights-of way pertaining to Block Perimeter Standards. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC, will implement, and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: Ordinance No. 10-- Page 2 of 6 Rev 1/10 LU (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP4 — Maximize efficiency of the development review process. LUP6 — Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. TP 1- Integrate land use and transportation plan decisions to support the land use vision and plan. 0 TPS - Protect neighborhoods from traffic impacts. TP14 - Provide access between major development areas identified in the recommended alternative, while improving business access and protecting City neighborhoods. TP20 - Take advantage of opportunities to open new road connections to create route alternatives, especially in areas with few access choices. TP21 - Enhance traffic circulation and access with closer spacing of through streets, unless geographical constraints do not permit. Limit the area to be served by a single access point commensurate with planned density. Ordinance No. 10-- Page 3 of 6 Rev 1/10 LU (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will clarify that block perimeter standards apply to all development and not just subdivisions (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it provides clarity to an existing code provision. Section 3. FWRC 18.60.OSU is hereby amended to read as follows: 18.60.050 Streets and rights-of-way. (1) Streets within an approved land division shall be within a dedicated public right-of-way. Private tracts may be used in short subdivisions and cluster subdivisions using cross-section type "Y" as described in FWRC 19.135.250. Ingress/egress and utilities easements and alleys may be utilized when certain conditions established in the city of Federal Way public works development standards are met. (2) All streets within the public rights-of-way shall be improved to the standards specified in Chapter 19.135 FWRC, regarding required improvements to rights-of-way. Improvements to private tracts, alleys, and ingress/egress and utilities easements shall comply with the city of Federal Way public works department development standards. (3) All streets abutting a land division shall be improved in accordance with Chapter 19.135 FWRC, and the city of Federal Way public works development standards regarding required improvements. (4) All traffic control devices within a land division shall be provided by the developer as required by the director of public works. ic� c,�.. � �, » �. •a a� a o��,. ., �+..00� .,o..:,�>> ..;+�, ., �.�,.,.v -, ------- ------ -= r-- . ---- -- -- --r - - - .,.,a� Block perimeters s a complv with the standards of FWRC 19.135.251. , , ,. . �• �rt..' + �, a•� a '�,.,,,,,,o,.+i + �.e ,,.,.,ae a„e +�. ....,......,�. �...., ..,.��...,......... .....� .,., ....,..._...� _- _--_--_____--__- _--__ _ _ _ _ {� �S,�Additional off-site street and traffic control improvements may be required to mitigate impacts resulting from the land division. Section 4. Chapter 19.135 is hereby amended to add a new section 19.135.251to read as follows: Ordinance No. 10-- Page 4 of 6 Rev 1/10 LU 19.135.251 Block Perimeters Streets shall be �rovided to develop a street network with a block perimeter of no �reater than 2 640 feet as measured on centerlines This requirement may be modified if connections cannot be made due to: (a) Topo�raphical constraints. {b) Environmentally sensitive areas. (c) Adjacent development not being conducive. Section 5. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. T'his ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR Ordinance No. 10-- Page S of 6 Rev 1/10 LU 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. 10-- Page 6 of 6 Rev 1/10 LU COUNCIL MEETING DATE: May 18, 2010 CITY OF FEDERAL WA� CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PROPOSED ORDINANCE AMENDING TITLE 9, "ANIMALS." POLICY QUESTION Should City Councit approve the proposed ordinance amending Title 9, "Animals?" COMMITTEE PRHSPS MEETING DATE: 5/)Q/2010 CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Fatricia Richardson, City Attorney DEPT: Law Attachments: Staff Report and Proposed Ordinance � Background: City Council has authorized the termination of the City's Interlocal Agreement with King County for Animal Control Services. A new Animal Services Unit of the Federal Way Police Department has been created to provide animal services to the residents of the City of Federal Way. 'This proposed ordinance would update Title 9 to reflect the change in the animal services authority for the City, remove reference to the King County code, consolidate duplicative provisions and chapters of the title, and provide for the continuation of services throughout the transition from King County Animal Care and Control to the Federal Way Animal Services Unit. Options Considered: 1) Approve the proposed ordinance. 2) Do not approve the proposed ordinance. STAFF RECOMMENDATION Qption 1: Forward the proposed ordinance amending Title 9, "Animals," to the May 18`�' City Council meeting for First Reading. i•-I,n1.2 CITY MANAGER APPROVAL: ./� W�I�+'► S Committee COMMITTEE RECOMMENDATION: < � Committee Ch r PROPOSED COUNCIL MOTION(S): �� a ��h+� } �� V � •W DIRECTORAPPROVAL: Council Committee ouncil Committee Member 1 READING OF ORDINANCE (MAY 18, 2010): " I move to forward the ordinance to a second reading for enactment on the June 1 S` consent agenda. " 2 READING OF ORDINANCE (JUNE 1 , 2010): "I move approval of the proposed ordinance amending Title 9, Animals. "' (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading � MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # • .� � r� .� r t CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MAY I0, 2010 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF��Q.. ��• FROM: PATRICIA RICHARDSON, CITY ATTORNEY AMY 30 PEARSALL, ASSISTANT CITY ATTORNEY �` SUBJECT: UPDATED PROPOSED ORDINANCE REVISING TITLE 9, "ANIMALS" On, Februaty 26, 2010, City Council authorized the termuiauon of the City's Interlocal Agreement with King County for Animal Control Services. That termu�ation will be effective on June 30, 2010. A new Animal Services Unit of the Federal �'�1ay Police Department has been created to provide animal services to the residents of the City of Federal Way beginning July 1, 2010. This proposed ordinance would update Tide 9 to reflect the change in the animal services authority for the Ciry, remove reference to the King Counry code, consolidate duplicative provisions and chapters of the tide, and provide for the continuation of services throughout the transiuon from King County Animal Care and Control to the Federal Way Animal Services Unit. The following is a broad-view outline of the changes that were made: A. Consolidate/restructure Tide 9 from 9 chapter to 4 chapters as follows: • Chapters 9.05 and 9.35 combined into the new Chapter 9.05 • Chapters 9.40 and 9.45 combined into the new Chapter 9.09 + Chapters 9.10, 9.15 and 9.20 combined into the new Chapter 9.18 • Chapters 9.25 and 9.30 combined into the new Chapter 9.25 B. Definitions: � Updated "animat control" to "an'vnal services" • Director has been redefined as the Chief of Police � Authority has been updated to FWPD Animal Services tJnit • Updated age of an adult cat and dog from 6 months to 21 weeks (recommendation from our city- contracted shelter) • New definitions added: leash, neutered/spayed, pet daycare, proper enclosure, and provocation C. Removed all references to the county and the counry code D. Consolidated exemprions to certain provisions (they were scattered throughout) E. Referenced enforcernent oprions we already have in place in Chapter 1.15 FWRC (provides for consistent enforcement of civil violations) F. Streamlined cat and dog licensing into one, more user-friendly code section G. Added/created licensing requirements for pet daycares (missing from e�sting chapter) H. Added language to businesses licensing sections to make it clear that general business registration also required (this is our current practice, but it is not expressly contained in our code) I. Consolidated dangerous animal chapters into one chapter for ease of use — no changes were made to the substance of these provisions As you can see, most of these changes are housekeeping in nature. StafPs goal was to facilitate the transition of services and not overhaul our animal control code provisions. With very few, minor exceptions, the substance of our current code remains the same. The proposed effective date of this ordinance is July 1, 2010. Because the City will be taking over animal services from the county on July 15t, this ordinance must be in effect by )uly 15 to allow for a seamless transition. If this comrnittee recommends approval of this ordinance, it will go to First Reading on May 18 and to Second Reading on June 1. If it is enacted on June 15i, it will be published on June 5; however, 30 days from June 5 is after July 1. Therefore, in order to ensure that there is not a break in animal services to the residents of Federal Way, it is recommended that the Council find that this ordinance is necessary for the immediate preservation of public peace, health and safety and not subject to initiative or referendum. Such a finding, along with unanimous consent of the Council, will allow for an effective date of July 1, 2010. � UPDATE: On May 3, 2010, the proposed ordinance was taken to the Parks, Recreation, Human Services and Public Safety (PRHSPS) Council Committee Meeting. Staff proposed addirional changes to the proposed new Chapter 9.09 F��1RC, "Licensing," to change the cycle by which annual pet licenses are renewed and to update sections regarding pet business permits to refer to the King Counry Board of Health Code. In addition, the PRHSPS Comtnittee recommended changes to FWRC 9.09.010 and FWRC 9.18.100 as follows: • 9.05.010: added definition of "altered" to make it clear that "altered," "spayed" and/or "neutered" are used interchangeably throughout the title. • 9.Q9.010(6): include the permanendy disabled as eligible for special permanent licenses • 9.09.410(10): clarify that no new license is needed prior to expiration • 9.09.010(12)(a): removed "temporarily" and replaced with "less than six months of a given year" • 9.09.010(12): added pet daycare to list of exceptions • 9.18.100(2): renumbered (a) — (m) The PRHSPS Council Committee forwarded the proposed ordinance with the above revisions to the 1VIay 18� City Council Meering for First Reading. . Attached to this staff report is a copy of the proposed ordinance containing all of the above revisions. K:\memo\2010\updated staff report — anunal services 2 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Animal Services, specifically, Title 9, "Animals," of the Federal Way Revised Code; amending Chapters 9.05 and 9.25 FWRC, repealing Chapters 9.10, 9.15, 9.20, 9.30, 9.35, 9.40 and 9.45 F�VRC, and creating new Chapters 9.09 and 9.18 FWRC. (Amending Ord. Nos. 49-592, 08- 574, 07-573, 06-530, 06-527, OS-495, O1-394, 92-153, 9Q-30) WHEREAS, Federal Way Revised Code ("FWRC") Title 9, "Animals," sets forth the administration, regulations, enforcement, and licensing requirements of animal services in the City of Federal Way; and WHEREAS, the Federal Way City Cauncil has authorized the terrnination of the City's Interlocal Agreement with King County for Animal Cantrol Services; and WHEREAS, a new Animal Services Unit of the Federal Way Police Department has been created to provide animal services to the residents of the City of Federal `1Vay; and WHEREAS, the City Council finds that it is the in best interest of the citizens to update Title 9 to reflect the change in the animal control authority for the City, to remove reference to the King County code, to consolidate duplicative provisions and Chapters, and to provide for the continuation of services throughout the transition from King County Animai Care and Control to the Federal Way Animal Services Unit; and WHEREAS, to ensure that there is not a break in animal services to the residents of Federal Way during this transition, the City Council finds that this ordinance is necessary for the immediate preservation of public peace, health and safety and not subject to initiative or referendum, Ordinance No. 10- Page 1 of 24 Rev 3/04 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. The Section list of Chapter 9.05 FWRC is amended to read as follows: Sections: 9.05.0'S 0 Definitions. 9.05A20 Purpose. 9.05.030 uthority of Director. 9.05.050 Civil penalty. 9.05.D60 Personal obligations. 9.05.070 Costs of enforcement action. 9.05.080 Waiver of fees and penalties. 9.05.090 Additianal enforcement. 9.05.120 Exemptions. 9.05.130 Release from confinement. d , T�1 dr�finc I'l�rr avomr�tie�r� 9.05.200 Authority to enfarce. 9.05.220 Obstruction of officers. 9.05.250 Violations . �.n��.-L�$n e � �+h.,ri+.. 8.�-vv.z�--� �OFF�1. 9.05.350 lmpoundment authorized. 9.05.360 'Redemption procedures. 9.05.370 Spayina or neuterinct of doq or cat impounded more than once. 9.05.380 Disposition of unredeemed animals. 9.05.390 iniured or diseased animals. 9.05.400 Prohibited sales. Ordinance Na. 10- Page 2 of 24 Rev 3/09 Section 2 . FWRC 9.05.010 is amended to read as follows: 9.05.01Q Definitions The definitions in this section apply throughout this title unless the context clearly requires otherwise. "Abatement"means the termination of any violation by reasonable and lawful means determined by the D�irector ' in order that a person or a person presumed to be the owner shall comply with this title. "Adult caY' means a cat of either sex, altered or unaltered, that has reached the age of twenty-one (21) weekss�s. "Adult dog" means a dog of either sex, altered or unaltered, that has reached the age of finrentv-one (21) weekssi��e�#s. "A/tered" means neutered or s�ayed. "Animal" means any living creature except human beings, insects and worms. "Animal servicesse�el authority" means the Animal Services Unit of the Federal Wav Police Qepartment actinq alone or in concert with King Csounty Aanimal Csare and Ceontrol ses�+� ' and/or any citv-contracted shelter for enforcement of the animal servicesse�r�et laws of the city county and statesit� for the shelter and welfare of animals. "Animal servicesser�fel officer" means any individual employed, contracted or appointed by the Director ' ' forthe purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensure of animals control of animals or seizure or impoundment of animals, and includes any state or local law enforcement�isi�a�-�ease officer, sheriff se�s�a�4e or other employee whose duties in whole or in part include assignments which involve the seizure and impoundmen of any animal. For the purposes of this title this definition shall applv where a person charged with enforcement of this title is referred to as "officer" or "official." "Animal rescuer" means any individual whv routinely obtains unwanted dogs or cats, ensures that tf�ey are spayed or neutered, and locates within 90 days an adoptive home forthem. An extension of the 90 days may be granted by the animal services�el authority up to a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. "Cattery"means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital, clinic or pet shop. "Dangerous dog" means any dog that according to the records of the animal servicesse�Fel authority: (1) Has inflicted severe injury on a human being without provocation on public or private property; (2) Has killed a domestic animal without provocation while off the owner's property; (3) Has been previously found to be potentially dangerous, the ownerhaving received notice of Ordinance No. 10- Page 3 of 24 Rev3/09 such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; (4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/ar domestic animals based upon notice to the owner; (5) Bites or attacks without provocation after prior notice to the owner; or (6} Is defined as a"dangerous dog" under RCW 16.08.070. "Director" means the Federal Way Chief of Police or desiqnee ' �s�;�+�y. "Domesticated animat" means those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made ta be domestic. "Euthanasia"means the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless ioss of consciousness and death during such {oss of consciousness. "Grooming parlor" or "Groominq service" means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. "Harbaring, keeping ormaintaining a dog orcat" means performing any of the acts af providing care, shelter, protection, refuge, food ar nourishment in such manner as to control the animal's actians, or that the animal is treated as living at one's house by the homeowner. "Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred ar kept for exhibitian far organized shaws or for the enjoyment of the species. "Hobby kennel" means a noncommercial kennel at ar adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species. "Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months. "Kennet" means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital, clinic or pet shop. "Known propensity" means an inclination for behavior that the owner is or should be aware of "Leash" means a cord rope thong or chain not more than twentv (20) feet in lenath bv which an animal is controlled bv the person accompanving it. "Livestock" means cattle, hogs, sheep, goats, horses, Ilamas and other large grazing animals� , . . Ordinance No. 10- Page 4 of 24 Rev 3/09 "Neutered" or "spavec�" means a procedure qerformed bv a licensed veterinarian meant to qrevent conception by an animaL "Owner" means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, and indudes but is not limited to the keeper or custodian of an animal. Any person residing at a iocation where an animal has been consistently residing shall be presumed to be the owner. "Pack of dogs"means a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. "Pet daycare" means anv commercial facilitv where four or more doc�s or other pet animals are left bv their owners for periods of supervised sacial interaction in plav ctroups with other animals of the same species for the maioritv of the time the pets are at the facilitv durinq the hours the facilitv is open to the public. "Pet shop" means any person, establishment, store ar department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rents such live animals to the public or to retail outlets. "Police dog" means a dog used by a law enforcement agency and specially trained for law enforcement work. "Potentially dangerous dog" means a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and includes but is not limited to any dog that meets the definition of "potentially dangerous dog" as defined by F�W 16.08.070. "Proper enclosure" means a securelv confined indoor area of the awner's premises, or a securelv enclosed and locked pen kennel or other ext�rior structure no less that 6' x 12' on the owner's premises suitable to prevent the entrv of voung chifdren or human extremities and desiqned to prevent a potentiallv dangerous or vicious animal from escapinq. Such pen, kennel, or other structure shall have secure sides and a secure top and provide protection from the elements for the doq If such pen kennel or structure has no bottom secured to the sides the sides shall be embedded not less than two feet into the qround. Doors windows, or other openinqs enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section. "Provocation" includes #aunting teasing willfullv causina undue pain and/or unlawfwl entrv uqon or into the owner propertV. "Running at large"' means to be off the premises of the owner and neither�e� secured by a leash nor under control of the owner or other competent person "Service animal" means any animal trained or being trained for the purposes of assisting or accommodating a person's sensory, mental, or physical disability and used for that purpose Ordinance No. 10- Page S of 24 Rev 3/09 "Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. "Shelte►" means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprafit organization devoted to the welfare, protection and humane treatment of animals. "Special hobby kenne! license" means a license issued to pef owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allo�nr them to retain only those specific dogs and cats then in their possession untif such time as the death or transfer af such animals reduces the number they possess to the legal limit set forth in this title. "Undercontrol"means the animal is under voice competent and/or signal control so as to thereby be restrained from appraaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. "Vicious" means the act of or the propensity to do any act endangering the safety of any person, animal, or property, including but not limited to biting a human being, attacking human beings, or attacking domesticated animals without provocation. Section 3 . FWRC 9.05.020 is amended to read as follows: 9.OS.020 Purpase. It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to #he greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, i�t is the purpose of this title to provide a means of licensing dogs a� cats, animal shelters, #�s�r�eEs kennels. grooming parlors, pet davcares and pet shops and to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals Section 4 . FWRC 9.05.030 is amended to read as follows: 9.05.030 Authoritv of Directo The s�ageFDirector has the authority to adopt rules and regulations to carry out the provisions of this title, and has the authority to administer and enforce this chapter and any such rules or regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation. Section 5 . FWRC 9.USA50 is amended to read as follows: 9.05.050 Civil penalty. In addition to any other penalty, any person in violation of this title is subject to a civil penalty, the maximum penalty and the default amount of which shall be $250.00 per violation, not including fees, costs, and assessments. Costs include any abatement costs and other actual costs incurred by the Ordinance 1Vo. 10- Page 6 of 24 Rev 3/09 animal servicesse+a��el authority. The director may directly assess any civil penalty and, in a reasonable manner, may vary the amount of the penalty to the nature and type of violation; the gravity of the violation; the number of past andpresent violations committed and the good faith of #he violator in attempting to achieve compliance with prescribed requirements or after notification of a violation. All civil penalties assessed wilf be enforced and collected in accordance with the procedure specified in this titl°, '��^^ �'^„^+.� �^�'° Ti+�le-�'� or Chapter 1.15 FWRC �B-��AF. Animal servicesse�el officers are authorized to issue civil infractions to enforce any violations of this title. The amount of a civil infraction under this section shall be the same as the civil penalty and shal! be enforced under Chapter 1.15 FWRC�9�-F�S�. An owner is in violation of this title if they violate any provision of this title and when the owner's animal is in violation of this title. Section b. FWRC 9.05.060 is hereby amended to read as follows: 9.05.Q60 Personat obtigations. The civil penalty and the cost of abatement are personal obligations of the violator or animal owner. The city e�k►e-ee� may collect the civil penalty and the abatement costs through all appropriate legal remedies. Section 7. FWRC 9.05.070 is hereby amended ta read as follows: 9.05.070 Costs of enforcement In addition to costs and disbursements pravided by state statute, the prevailing party in a callection action under this titfe may, in the court's discretion, be allowed interestand reasonable attorneys' fees on behalf of the city e�-ss�y when the city e�-se��r is the prevailing party. Section 8. FWRC 9.05.080 is hereby amended to read as follows: 9.05.080 Vllaiver of fees and penalties. (1) The D�irector � has the authority to waive licensing fees, late licensing penalty fees, and redemption and sheltering fees, in whole or in part, when it would further the goals of the Aanimal Services Unit�e4-sest-ier� and be in the public interest (2) In determining whether a waiver should apply, the D�irector ' must take into consideration the following elements (a) The reason the animal was impounded; (b) The reason or basis for the violatian, the nature of the violation, the duration of the violation and the iikelihood the violation wili not recur; (c) The total amount of the fees charged as compared with the gravity of the violation; {d) The effect on the owner, the animaPs welfare and the animal control section if the fee(s) or penalties are not waived and no payment is received Section 9. FWRC 9.05.090 is hereby amended to read as follows: 9.05.090 Additional enforcement Notwithstanding the existence or use of any other remedy, the Ddirector �y-may seek IegaF or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this title or other regulations adopted in this title Orilinance No. 10- Page 7 of 24 Rev 3/09 Section 10. FWRC 9.05.120 is hereby amended as follows: 9.05.12Q Exemptions. The provisions of this title shall not appiy ta �1,� All police dogs owned by a public law enforcement aaencv ar its aqents;or � Ddogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 United States Code 2131 et seq. Section I l, FWRC 9.05.130 is hereby amended as follows: 9.Q5.13tf Refease #rom confinement No person other than the owner or person authorized by the owner of the animal shaA release any animal from any confinement, vehicle or restraint unless such refease is necessary for the immediate health and safety of the animal; provided this section shall not apply to law enforcement�ease officers and animal servicesEer��el or humane officers. Section 12. FWRC 9.05.2Q0 is hereby amended as foliows: 9.05.20Q Authority to enforce. The Ddirector ' and authorized animal servicesse�el officers and city taw enforcement o�cers are authorized to take such lawful action as may be required to enforce the provisions of this titfe and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement control. Notwithstanding any other provision, officers are authorized to use reasonable farce and control when needed to protect the health and safety of persons or property and to enforce criminal laws. Section 13. FWRC 9.05.220 is hereby amended as follows: 9.05.220 Obstruction of officers. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct any o�cer from pursuing any animal observed to be in violation of this title. No person shall fail to neglect, after a proper warrant has been presented, to promptly permit the Ddirector or authorized animal servicesse�al officer or city law enforcement officer to enter private property to perform any duty imposed by this title. Sectian 14. FWRC 9.05.250 is hereby amended as follows: 9.05.250 Violation Upon the complaint of a person and after such complaint is verified bv the animal services authoriN. the animal services authority shall commence proceedinqs to terminate the occurrence of a violation either bv service of an infiraction b v service of a citation, bv the notice and order procedure set out in Chapter 1.15 FWRC and/or bv the nuisance abatement procedure set out in Chapter 1.15 FWRC, as applicable. The standards of this title shall be followed by the animal services authoritv in determining the existence of violation of this title and in determininq the enforcement action required. , , Ordinance No. 10- Page 8 of 24 Rev 3/09 Section 15. The follawing sections of Chapter 9.05 FWRC are hereby repealed in their entirety: 9.05.040, 9.05.100, 9.05.110, 9.05. � 40, 9.05.150, 9.05.160, 9.05.170, 9.05.180, 9.05.190, 9.05.230, 9.05.240, 9.05.260, 9.05.270, 9.05.280, 9.05.290, 9.05.300, 9.05.310, 9.05.320, 9.05.330. Section 16. A new section is added to Chapter 9.05 to read as follows: 9.05.350 )mpoundment authorized. The animal services authoritv mav impound any animal deemed to be a public nuisance, subiect to cruel treatment or as otherwise authorized in this title. Except as otherwise arovided in this title, the anirnal services authority shall ascertain whether impounded animals are licensed or otherwise identifiable. Except as otherwise provided in this title, the animal services authoritv shall retum the animal to the owner toaether with a notice of violation of this title, if reasonably feasible. If an animal is not returned, the animal services autharitv shal{ notify the owner within a reasonable time bv re4ular mail ortelephone that the animal has been impounded and may be redeemed. Anv currentiv licensed animal impounded pursuant to this chapter shall�be held for at least 120 hours after telephone contact by the impounding aqencv or for at least seven f7) davs after postinct of the notification of impoundment by reqular mail. If the animalservices authoritv is unable to ascertain the animal's owner, the animal shall be held at least 72 hoUS from the time of impoundment. Section 17. A new section is added to Chapter 9.05 to read as foilows: 9.05.360 Redemption pracedures. Anv animal impounded pursuant to tl�e qrovisions of this chapter mav be redeemed upon payment of the redemption fee as provided for in the fee resolution. An additional fee as set forth in the fee resolution for each 24-hour period or portion thereof, durinq which such doq or cat is retained by the impounding aqency shall be made pavable to the citv or citv-contracted shelter. The redemption fee for livestock per anima! impound incident, ptus any haulinq or boardinq costs due are set forth in the fees on file in the police department. Livestock not redeemed mav be sold at public auction bv the impounding agencv. The haulinq and boardina costs for livestock impounded shall be in accordance with the rate established bv contract with the citv and the given stockvard used for holdinq such animal. Section 18. A new section is added to Chapter 9.05 to read as follows: 9.05.3�0 Spavinq or neuterinq of doq or cat impounded more than once. An unaltered dog or cat impounded more than once shall be spayed or neutered bv the animal services authoritv prior to the release of the doq or cat. The cost of the spay or neuter shall be charqed to the owner upon redemption. Ordinance 1Vo. 10- 1'age 9 of 24 Rev 3/09 Section 19. A new section is added to Chapter 9.05 to read as follows: 9.05.38Q 'Disposition of unredeemed animals. Anv animal impounded under this chapter not redeemed shall be treated in one of the followinq ways: (1}'Made available for adoption for a fee. (a) Anv person mav adopt an animal impounded pursuant to the provisians contained in this chapter when all billable costs, redemption fees, penalties and boarding costs incurred in such impoundment are made payable to the citv or the appropriate city-contracted shelter. (b) Anv doq or cat adopted from the citv's contracted animal shelters shall be spayed or neutered prior to adoption. (c) The Director shall have the authoritv to set administrative rules reqardinq anv city adoption qroqram. (2) Humanelv destraved bv eu#hanasia Section 20. A new section is added to Chapter 9.05 to read as follows: 9.05.390 Iniured or diseased anima{s. Anv animal sufferinq from serious iniurv or disease mav be humanelv destroyed, or, in the discretion of the impoundinq authoritv, mav be held for a longer qeriod and redeemed bv anv person on pavment of charqes not exceedinq those prescribed in this chapter. Section 21. A new section is added to Chapter 9.05 to read as follows: 9.05.400 Prohibited Sales. The animal services authority shall not sell anv animals impounded under this chapter for the purpose af inedical research to anv research institute or any other purchasers Section 22. A new Chapter 9.09 FWRC is hereby adopted as follows: Chapter 9.09 LICENSING Sections: 9.09.010 Cat and doq licenses. 9.09.020 Kennel, pet shop, catterv, or shelter permits reauired. 9.09.025 Groominq parlor permit reauired. 9.09.030 Hobby kennel or hobby cattery license required. 9.09.040 License applications and fees. 9.09.050 Zoninp compliance. 9.09.060 Denial of license — Appea{. 9.09.070 Revocation, suspension, re#usal to renew Ordinance No. 10- Page IO of 24 Rev 3/09 9.09.010 Cat and doq licenses. (1) It is unlawfui to keep or harbor a doq orcat that has reached twenty-one (21) weeks of aqe unless an annual ticense is procured for the doa or cat from the animal services authoritv. There is established a rebuttable presumption that the purchaser of such license is the owner of the animal identified in the license application. t2) Doas and cats four months old or older shall be vaccinated aqainst rabies. Vaccinations shall be performed in accordance with the standards contained in the "Compendium of Animal Rabies Control" as amended, published bw the National Association of State Public Health Veterinarians Inc. Proof of vaccination must be shown before a license will be issued bv the animal services authoritv. {3) The annuaf license fees are set bv resolution of the city counciL (4) When a license is obtained in the process of recovery of an impounded doca or cat, a fee is charqed for the license. �5� The license will be valid for a term of one vear from the date of issuance, expirinq an the {ast dav of the finrelfth month. Apalication for sudi license is made upon forms provide_d__bv the breed colors aqe and sex if any of the doq or cat, and such other medical and vaccination information and data as may be required. Such information is kept, convenientiv indexed bv the animal services authoritv. toqether with the number of the license issued. �6) !a) Eliaible residents mav obtain at no charge a special permanent license for the lifetime of dogs and aats that are neutered or spaved and for which they are the rectistered owners when the animals are maintained at the owner's registered address. Such residents are not required to annuallv obtain a new license for the lifetime of such licensed anima�, except that no household shall be issued more than three special permanent animal licenses for doqs or cats (bl Residents are eliaible for the saecial nermanent license if thev are: (i) Citv residents 65 vears of aae and older: or lii) Citv residents qermanentiv disabled who at the time offilina are retired from r�g ar aainful emnlovment and are unable to enaaae in anv substantial aainful activitv bv reason of anv medicallv determinable phvsical or mental r�ermanent impairmen lcl Apnlications for sr7ecial nermanent licenses shall be submitted in writina on forms provided bv the Director and certified bv the aq�licant that. under the qenaltv of neriurv. a I information provided in the claim is true and correct (dl The Director mav reauire documents c�emed necessarv to establish nroner oroof o disabilitv status of the annlicant. includina. but not limited to a current nhvsician's stateme or Su�nlemental Securitv Income award letter. (el The Director mav adont rules and reaulations as are deemed necc�sarv bv Director to impJement and enforce this section. (7) A license issued is not transferable or usable by a person, other than the person to whom it was originally issued, except as provided in subsection (10) of this section. �8) It is unlawful for an applicant to withhold or provide false information on an application. �9) Upon pavment of the iicense fee, the animal services authoritv shall furnish to the person paying the same a license tact for the doq or cat for which such fee has been paid. All license taas issued shall be securelv fastened to a collar or ather like harness which shall be wom bv the animal at all times when off the premises of the licensed owner. (1 Q) Whenever the ownership of a licensed dog or cat chanaes, the new owner �all notifv the animat services authoritv, whereupon the animal services authority shall change the record of the animal to show the new ownership. The new owner shall obtain a new license once the current license has ex ip red• Ordinance No. 10- Page 11 of 24 Rev 3/09 (11) An owner or keeper of a licensed doa or cat whose current license taq has been lost mav obtain a replacement taq bv the pavment of a sum to be set bv resolution of the citv council. (12) The above provisions of this section shall not apply to: �a) Dogs and cats whose owners are nonresidents within the citvfor less than six hs of a aiven vear. �b} The owners of doqs or cats brought into the city for the purpose of participatinct in a dog or cat show; �c) The owners or users of Seeinq Eye, Guide, or Service doqs; (d) Veterinarians in custodv of doqs or cats: (e) The owners or operators of an animal shelter; (fl The owners or operators of a duly licensed kennel; (g) The owners or operators of a qrooming parlor or pet shoq or The owners or onerators of a net davcare {13) It is unlawfu! for a person to refuse to show at a reasonable time to an officer proof that his or her animal(s) has been proqerlv licensed. 9.09.020 Kennel, pet shoq, pet davcare, catterv, or shelter permit required. It is unlawful for a person to keeq, maintain, or operate a kennel, pet shop, pet daycare, catterv. or shelter within the citv without first obtaining a valid permit from SeattleKinq Countv Department of Public Health pursuant to Chapter 8.03 of the Kinq Countv Board of Health Cade. Each permit and certificate of inspection issued pursuant to this chapter shall be in addition to anv business registration required pursuant to Chapter 12.05 FWRC and shall be conspicuouslv displaved at the establishment to which such permit was issued. 9.09.025 Groominq parlor permit required. �1) It is unlawful for any to keep or maintain anv caraominq parlor without a valid permit fram Seattle-Kinct Countv Department of Public Health. Anv qroominq parlor permit and anv certifrcate of inspection issued pursuant to Chapter 8.03 of the King County Board of Health Code shali be in addition to anv business re�istration required pursuant to Chapter 12.05 FWRC and shall be conspicuouslv disqlaved at the establishment to which such license was issued. �2) Groominq parlors shalL (a) Not board animals but keep such animals onlv for a reasonable time in order to perform the business of groominq; �b) Provide such restraining straps for the animal while it is being aroomed so that such animal shall not fall or be hanqed; (c) Sterilize all eauipment after each animal has been groomed; (d) Not leave an animal unattended before a dryer; (e) Not prescribe treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010; and (fl Not put more than one animal in each cage. (3) A aroomina parlor license must be revoked or mav be refused to be renewed if the establishment constitutes a public nuisance or for failure to complv with the above requirements. 9.09.030 Hobbv kennel or hobbv catterv license required. It is unlawful for anyperson to keep and maintain anv doq or cat within the city for the purposes of a hobby kennel or hobby catterv without obtaining a license. The fee set bv resolution of the citv council for such license shall be assessed upon the owner or keeper of such animals. In Ordinance No. 10- Page 12 of 24 Rev 3/09 addition each animal shall be individuallv licensed pursuant ta the provisions of FWRC 9.09.010. 9.09.040 License applications and fees. Applications for iicenses for hobby kennels or hobbvcatteries shall be made to the animal services authoritv on forms provided bv the city. A fee set bv resolution of the citv council shall be assessed not upon individual animals but upon the owner or keeper of a hobbv kennel or hobbv catterY 9.09.050 Zoninq compliance. The applicant for a hobby kennel or hobbv cattery license shall present to the animal services authoritv a written statement from the city that the establishment of the kennel or catterv at the proposed site is not in violation of the city zoninq code, is a leqal nonconforminq zoninq status, or a special development qermit has been issued for the intended use 9.09.060 Deniat of license— AppeaL No applicant shall be issued a hobbv kennel or hobbv catterv license who has had such �ense revoked or refusal to renew and until such applicant meets aff applicable requirements established bv this chapter. A decision to revoke refusal to renew, or denial of a license under this chapter mav be appealed to the hearinq examiner. Such appealshall be brouqht within 10 davs of such decision and in accordance with FWRC 12.05.200. 9.09.070 Revocation, suspension, refusal to renewc (1) The animal services authoritv mav in addition to other penalties provided in this chapter, revoke suspend or refuse to renew anv hobbv kennel or hobby catterv license upon aood cause or for failure ta compl�ith anv provision of this chapter: provided, however. the enforcement of such revocation suspension or refusal shall be staved durinq the pendency ofan aqpeal filed qursuant to FWRC 12.05.200. (2) No applicant shalf be issued a hobbv kennel or hobbv catterv license who has previouslv had such license suspended or revoked or a renewal refused, for a period of one vear after the date of revocation or refusal and until such applicant meets the requirements contained in the provision of this chapter to the satisfaction of the animal services authoritv. Section 23. A new Chapter 9.18 FWRC is hereby adopted as follows: Chapter 9.18 REGULATIONS Sections: 9.18.010 Statutes adopted. 9.18.020 Crueltv violations. 9.18.030 Redemqtion of animals subiect to crueltv— Requirements. 9.18.040 Fowl and rabbits. 9.18.050 Livestock. 9.18.060 Wild or exotic animals. 9.18.070 Sale of giving away of unaltered doqs and cats. 9.18.080 Advertisement for unaltered dogs and cats. 9.18.090 Possession of another's animal. Ordi»ance No. 10- Page 13 of 24 Rev 3/09 9.18.100 Public nuisances. 9.18.110 Anima{ declared a public nuisance — Abatement 9.18.120 Rabies control. 9.18.130 Compliance with FWRC 9.18.140 throuqh 9.18.180 required. 9.18.140 Hobby kenne( or hobbv catterv. 9.18.150 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops — Reportinq requirements, inspections— Sanitation. 9.18.160 Animal shelters kennels, hobby kennels, catteries, hobbv catteries and pet shops — General conditions. 9.18.170 Indoor housinq facilities. 9.18.180 Ou#door facilities. 9.18.190 Groominct parlors. 9.18.010 Statutes adopted. Chapter 16.52 of the Revised Code of Washington in its entirety and all future amendments are herebv adopted bv reference. In the ease of a conflict between Chaqter 16.52 RCW and this title, the tarovisions of this title shall control. 9.18.020 Cruettv violations. ft is unlawful for a person to: (1 } Abandon a domestic animal by drappina off or leavinq such animal on the street, or in anv other public place, or on the private propertv of another; (2) Willfullv run down with a vehicle an animal. A person who kills or iniures an animal while drivinq a vehide shall stop at the scene of the accident and shafl render such assistance_as_is reasonable shall make a reasonable effort to locate and identify himself to the owner or keeper of the animal and shall report the accident immediately to the policedepartment; (3) Self or offer for sale or to qive away livinq babv rabbits, chicks, ducklinqs, or other fowl that are under two months of aqe or that have been dved or colored, or otherwise treated so as to have an artificial color but this subsection sl�ll not be construed so as to prohibit the sale or displav of natural babv rabbits chicks ducklings, or other fowl in proper brooder facilities bv hatcheries or stores enctaQed in sellinq them for cammercial purposes. 9.18.030 Redemption of animals subiect to crueltv— Repuirements. The animal services authority shalt have authoritv to impound an animal maintained in violation of FWRC 9.18.010 or FWRC 9.18.020 and shall hold such animal for at least 72 hours after proper notification of the owner or kea�er. Redemption of such an animal shall be permitted onlv after payment of all costs and fees incurred and upon the written acareement of the owner or keeper to take such actions as are necessarv to prevent reoccurrence of the violation; provided, that the violation of such aareement of release is unlawful and shall subject the animal involved to impounding without right of redernption to #he owner or keeper. Such animal shall be retained under citv control until the abatement procedure in Chapter 1.15 FWRC tas been complied with. 9.18.040 Fowl and rabbits. It is unlawful for any person to sell, offer for sale, barter or qive away anv fowl under three weeks of aqe or any rabbit under two months of age as a pet, tov, premium or noveltv, or to color, dve, stain or otherwise chanqe the natural color of any such fowl or rabbit. Ordinance No. 10- Page 14 of 24 Rev 3/09 9.18.050 Livestock It is unlawfui for anv person to permit anv livestock to run at larcae. 9.18.060 Wild or exotic animats. (1) No person shall have keep or maintain in an area cf the citv, a}ive monkey (nonhuman primate) lion tiger bear cougar mountain lion badqer wolf coyote fox Ivnx or a poisonous reptile or serpent or anv other dangerous, carnivorous, wild, or exotic animal or reptile. S2) For the purpose of this section the following terms shall have the followinct meaninqs: �a) "Exotic" means animals of foreiqn oriqin and that are not native by birth to this comrnunitv. {b) "Wild" means an animal that generallv iives in its orictinal natural state and is not normally domesticated. (3) Such animals will be allowed to enter or remain in the citv on the condition that a permit is abtained frorn the animal services authoritv. Such permit shall only be ctranted upon a showinq bv the applicant that adeauate safequards havebeen instituted and �nrill be maintained which will effectively control the danqerous or vicious propensities of such animal or reptile, eliminatinq danqer ta individuals or propertv and providinq that the keeping or maintaininq of such animal will in no way constitute a nuisance to the occupants of surroundinq propertv. �4) No person owning or havinq charqe custodv control, or possession of an animal specified in subsection (1) of this section shall permit the same to run at large upon anv street or other place public or private or within the premises of such person, in such a manner to endanqer a person lawfully enterinQ such premises. (5) Subsection (1) of this section shall not applv to a person keepinQ or maintaininq or havinq in his possession or under his control an animal defined in that subsection when such person is transportinq such animal through the city� provided, that he has taken adequate safequards to protect the public and has natified the chief of police of his proposed route and of thetime that such trip is to take place� nor shall subsection (1) aqpfv to a person who has custodv of such animals in connection with the operation of a zoa ar circus or in connection with a qroqram of medical or scientific research� provided such person hastaken adeauate measures to safeauard persons and property. Whether measures taken to safequard the public pursuant to this section are adequate shall be determined solelv bv the chief of police or his authorized aqent. 9.18.070 Sale of qivinq awav of uialtered doas and cats. It is a violation of this title to sell or qive awavany unaltered dog or unaltered cat in anv public place or ta auction off or raffle anv unaltered doq or unaitered cat as a prize or qift. 9.18.080 Advertisements for unaltereddoqs and cats. No person in the city shall publish or advertise to Federal Way residents the avaiMabilitv of anv unaltered cat or doq unless the publication or advertisement includes: The unaltered animal's license number or the animaPs juvenile license rumber; provided, however, that nothina in this title shall prohibit licensed breeders from advertisinq in national publications for sale of a planned litter or litters. 9.18.090 Possession of another's animal. Anvone havinq in his possession an animal not owned by him, without consent of the lawful owner or custodian shall immediatelv notify the animal services authoritv and release such animal to its officers on demand without charqe. Ordinance No. 10- Page 1 S of 24 Rev 3/09 9.18.1Q0 Public nuisances. (1) The owner of any animal shall notallow such animal to be or become a public nuisance, do anv act deemed a public nuisance, or otherwise violate this chapter. (2) The followinq are declared to be public nuisances: Sa) Any dog runninq at larqe within the citv is a public nuisance. This sec�n does not applv when the doq is on the propertv of another person with the permission of the owner of the propertv; on public propertv desiqnated to allow doa competitions sanctioned by national orqanizations; at animaf shows, exhibitions or organized cbg-traininq classes where at least 24 hours' advance notice has been qiven to the anirrral services authoritv; or in an officiallv desiqnated off-leash area of a citv park durina the desiqnated times. �b) An animal that enters anv place where food is stored,prepared, served or sold to the public, or anv ofiher public buildinq or hall, is a public nuisance. This section shall not apply to Veterinary offices or hospitals, or to animal shows, exhibitions or orqanized doqtraininq classes where at least 24 hours' advance notice has been given to the animal services authoritv. Sc) A female doa, while in heat, accessible to other male animals, except for controlled and planned breedinq, is a public nuisance. (d) An animal which chases, runs after, orlumps at vehicks usinq the public streets and allevs is a pubfic nuisance. (e) An animal which on more than one occasion snaps, qrowls, snarls,1umps upon or otherwise threatens persons lawfullv usinq the public sidewalks, streets, alleys or other public ways is a publ� nuisance. Sfl Anv animal which has exhibited vicious propensities and which constitutes a danqer to the safety of persons or propertv off the premises of its owner or lawfullv on such premises is a public nuisanee. A vicious animal or animal with vicio�.s propensities whicti runs at larqe at anv time, or such an animal off the owner's premises not securelv leashed or confined and in the control of a person of suitable aqe and discretion to control or restrain such an animal,_is a public nuisance. �,q) An animal which howls, velps, whines, barks or makes other oral noises, in such a manner as to disturb anv person or neighborhood to an unreasonable degree, is a public nuisance. (h) Anv domesticated animal which enters upon another person's property without tl� permission of that person. (i) Animals staked, tethered or kept on t�ublic propertv without prior written consent of the animal services authoritv. � Animals on any public propertyand not under the control of the owner or other competent person. (k) Animals kept, harbored or maintained and known to have a contaaious disease unless under the treatment of a licensed veterinarian Ill Animals running in packs. fml Anv animal which enters a public plavqround or school qround without permission from the schooL �3) This section does not apqlv to service animals. 9.18.110 Animal declared a public nuisance— Abatement. An animal that has been the subject of three convictions of a violation of this chapter in a period of 365 davs or an animal that bites or atacks a person or persons without provocation twice within a five-year period is a public nuisance and shall not be kept within the citv. The animal services authority shall follow the procedures set out in Chapter 1.15 FWRC in order to abate Ordinance No. 10- Page 16 of 24 Rev 3/09 such animal. After the completion of such abatement procedures, an animai subiect to removal from the city as provided in this section that is found within the citv shall be impounded and treated as an unredeemed animal with no right of redemption bv its owner or keep�. 9.18.120 Rabies control. �1) It is unlawful for the owner of an animal when notified that such animal has bitten a person or has iniured a person as to cause an abrasion of the skin, to'sell, give away, or permit or allow such animal to be taken bevond the ►imits of the citv, except to a veterinarv hospital, but it shall be the duty of such owner upon receivina notice of the occurrence of such bite or abrasion to immediatelv qlace such animal in a duly licensed veterinarv hospital for at least 15 davsor to deliver such animal to the police department or their agent for such placement; provided, upon authorization of a licensed veterinarian, such animal mav be released to the custody of its owner or keeper upon the owner or keeper's undertakinq to keepthe same securely chained and confined to the premises of the owner or keeper and seqreqated from other animals durinq such observation period. A member of the police department or aqent thereof receiving such animal shall immediately convev the animal toa veterinarv hospital where such animal shall be securelv confined for a period of at least 15 days. In case such animal is delivered to a veterinar�r hospital bv the owner or keeper, the owner or keeper shall immediately fumish natice thereof to the chi� of police. A veterinary hospital, upon the receipt of such animal, shall submit to the chief of police a certificate statinq that the animal either: (a) Shows no svmptoms of rabies: or (b) Shows symptoms of rabies. At the expiration of the 15-dayperiod of confinement and upon release of such animal because not rabid, a veterinary haspital shall submit to the chief of police a second certificate sta tinq that the animal has been found not to be rabid and has been released. A licensed veterinarian releasin�such animal to its owner or keeper for confinement during the observation period, shall at the end of the 1�day period submit a report to tMe chief of police as to the conditian of such animaL (2) Costs of maintaininq an animal in a veterinarv hospitalshall be paid bv the owner. �3) If a fierce, danqerous, or vicious animal cannot be safelv taken up and impounded, such animal mav be euthanatized by the police department or any of its officers or aqents. (4) In cases where an animal that has bitten a pe�son or caused an abrasion of the skin is euthanatized by an o�cer, and a period of less than 15 davs has efapsed since the dav the animal bit a person or caused an abrasion of the skin of a person, it is the dutv of the chief of police or his authorized agent to deliver the brain of such animal to the laboratorv of the State Department of Health. �5) Whenever rabies amonq dogs becomes prevalent in western Washinatan, the county or in the city, or whenever western Washington, the countv or the city are de�ared to be under a rabies quarantine, the citv manaqer mav order everv doa within the city inoculated, may order all dogs muuled unless confined within a pen, and mav make such other orders as may be necessitated to protect the public from this health h�ard. During the time such orders are in force, the chief of police and his officers mav be ardered by the citv manaqer to euthanatize doqs found runninq a# larqe. :(6) For the purposes of this section, a Kinq Countv animal control center and the Pierce County Humane Societv aualifv as duly licensed ve#erinarv hospitals. Ordinance 1Vo. 10- Page } 7 of 24 Rev 3/09 9.18.130 Compliance with FWRC 9.18.140 throuqh 9.18.180 required. All kennels, pet shops, pet daycares, catteries, shelters, hobby kennels and hobby catteriesshall at all times be in a condition of full compliance with the applicable requirements of FWRC 9.18.140 through 9.18.180. Failure to be in full compliance withthe applicable requirements FWRC 9.18.140 through 9.18.180 is unlawful and shaU constitute a public nuisance and as such shall be subiect to the abatement procedures of this chapter. Failure to maintain the establishment in full comqliance shall be arounds for revocation of anv license issued. 9.18.140 Hobbv kennel ar hobbv catterv. (1 } Limitation on number of dogs and cats allowed. The director may limit the total number of dogs and cats over six months of aqe kept bv a hobby kennel and/or hobbv catterv based on the followinq quidelines: �a) Animal size: jbl Tvpe and characteristics of the breed; (c) The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more� the maximum number shall not exceed 10 where the lot area contains 35,OQ0 square feet but less than five acres; (d) The facility specifications/dimensions in which the doqs and cats are to be maintained: �e) The zoning classificatian in which the hobbv kennel and/or hobbv catterv would be maintained. (2) Limitation on reproduction. The hobby kennel ar�d/or hobbv cattery shall limit do4 and cat reproduction to no more than one litter per license vear per female doq and two litters per license vear per female cat. �3) Limitation on advertisinq. The hobby kennel and/or hobbv cattery shalf not have siqns, displays or other visuat representations not afreadypermitted in the zone. (4) Immunization. Each doQ and cat in the hobbv kennel and/or hobby catterlr shall have current and proper immunization from disease accordinq to the dog's and cat's species and aqe. Such shall consist of DHLPP inoculation for daqs over three months of age and FVRCP for cats over two months of age. and rabies inoculations for all doas and cats over six months of aae. (5) Compliance. All hobbv kennel and hobby catteries shall complv with the provisions of this chapter and any applicable zoning regulations including Chapter 19.260 FWRC. 9.18.150 Animal shelters, kennels, hobbv kennels, catteries, hobbv catteries pet daYCares and pet shops — Reportinq requirements, inspections— Sanitation. (1) Reportinp repuired. Each animal shelter, hobbv kennef, kennel, catterv, hobby catterv pet daycare or pet shop shall provide a list to the animal services authority of all doqs and cats qiven awav or sold to the anima{ services authoritv auarterlv based upon the calendar vear. The list shall contain the oriqin, the aqe and tvpe of doq or cat and the name and address of the person to whom the doq or cat was qiven or sold. �2� Mspection. It shall be the dutv of the director of the SeattleKinct Countv department of public health or the animal services authority to make or cause to be made such inspections as may `be necessary to ensure compliance with FWRC 9.18.150 through 9.18.180. The owner or keeper of an animal shelter, hobby kennel, kennel, catterv, arooming service pet davcare or pet shop shall admit to the premises for the purposes of makinq an inspection, any officer, aqent or employee of the Seattfe-Kinq County department of health or animal services authoritv at anv reasonable time that admission is requested. S3) Sanitatian. It is unlawful to keep, use or maintain within the citv anv animal shelter, hobbv Ordinance No. 10- Page 18 of 24 Rev 3/09 kennel kennel, cattery, groominq serviceS pet daycare or pet shop that is unsanitarV, nauseous, foul or offensive, or in anv wav detrimental to public health and/or safety and not in cmnpliance with Chapter 9.09 FWRC and/or FWRC 9.18.140 throuqh 9.18.180. Violation of this subsection may be cause for revocation or denial of such license. 9.18.160 Animal shelters, kennels, hobbv kennels, catteries, hobbv catteries and pet shops — General conditions. Animal shelters, hobbv kennels, kennels, catteries and pet shops shall meet the followinq conditions: (1) Housing facilities shaf! be provided the animals and shall be structurally sound, maintained in Qood repair, designed to protect them fom injurv, contain the animals and shall restrict the entrance of other animals. (2) Electric power shall be supplied in conformance with citv, countv and state electrical codes adequate to supplv liqhtinq and heatinq as mav be required by this chapter. 1l�ter shall be suppfied at sufficient pressure and quantity ta clean indaor housinq facilities and primary encfosures of debris and excreta. (3) Suitable food and beddinq shall be provided and stored in facilities adequate to provide protection aqainst infestatian or contamination by insects and rodents. Refrigeration shall be provided for the protection of perishable foods. �4) Provision shall be made for the removaf and disposal of animal and food wastes, beddinq, dead animals and debris. Disposal facilities shall be maintained in a sanitarv condition, free from the infestation or contamination of insects or rodents or disease and from obnoxious or foul odors. (5) Washraom facilities, including sinks and toilets, with hot and cold water, must be convenientiv available for cleaninq purposes, and a large sink or tub provided for the purpose of washinq utensils, equipment and facilities. (6) Sick animals shall be separated from those appearinq healthv and norma( and, if for sale, shall k�e removed from displav and sale. Sick animals shall be kept in isolatian quarters with adequate ventilation to keep from contaminatinq well animals. (7) There shall be an emplovee on dutv at all times durinq hours anv store is open whose responsibility shall be the care and welfare of the animals in that shop ar department held for sale or displav. (8) An emplovee or owner shall come in to feed, water and do any necessarv cleaninq of animals and birds on days the store or shop is closed. �9) No person shall knowingly sell a sick or injured animal or bird. (1Q) No person shall misrepresent an animal or bird to a consumer in anv way. (11) Adequate care and feedinq instructions must be qiven ta each purchaser of an animal and must be in writinq. 9.18.170 Indoor housinct facilities. . Animal shelters, hobbv kennels, kennels, catteries, aroominq serviceS pet davcares and pet shops which have indoor housing facilities for animals and birds shall: (1) Be sufficientiv heated or cooled to protect the animals from temperatures to which th� are not normally acclimatized; �2) Be adequately ventilated to provide for the health of animals contained therein and t assist in the removal of foul and obnoxious odors. Provision shall be made so the volume of air within any enclosed indoor facilitvshall be chanqed three times or more each hour. This mav be accomplished throuqh the location and periodic oAeninq of doors and windows. if fans or Ordinance No. 1 D- Page 19 of 24 Rev 3/09 ventilatinq equiqment are used, thev shall be constructed in conformance with current standards of good enqineerinq practice with respect to noise and minimization of drafts; (3) Have sufficient natural or artificial liqhting to permit routine inspection and cleaninq at anv time of day. In addition, sufficient natural or artificial liqhtina shall be supplied inthe area of sinks and toilets to provide for the hy,qiene of animal caretakers; i4) Have interior wall, ceiling and floor surfaces constructed of materials which are resistant to the absorqtion of moisture and odors, or such surfaces shall be treated with asealant or with paint, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unseafed wood. In addition, interior walls shall be constructed so that th interface with floor surfaces is sealed from theflow or accumulation of moisture or debris� and (5) Contain a drainaqe svstem which shalf be connected to a sanitary sewer or septic svstem which conforms to the standards of building codes now in force within the citv and shall be desiqned to rapidly remave water and excreta in the cleaninq of such indoor housinq facilitv under anv conditions of weather to temperature; provided, this requirement shall not apply to hobbv kennels and pet shops. All indoor housinq facilities for animals, fish or birds shall ke maintained in a clean and sanitarv condition and a safe and effective disinfectant shall be used in the cleanin9 of such facilities. 9.18.180 Outdoor facilities. Animal shelters, hobbv kennels, kennels, catteries, pet davcares and pet shops which have outdoor facilities for animais and birds sha1L (1) Be constructed to provide shelter from excessive sunlight, rain, snow, wind or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and monrement of each animal contained therein; (2) Be constructed to provide drainaqe and to prevent the accumulation of water, mud, debris, excreta or other materials and shall be designed ta facilitate the removal of animal and food wastes; and �3) Be constructed with adequate walls or fences to contain the animals therein and to prevent entrances of other animals. 9.18.190 Groomina parlors. (1) Grooming parlors shall: (a) Not board animals but keep onlv doas and cats for a reasonable time in order to perForm the business of groomina; (b) Provide such restraining straps for a dog or cat while it is beinca caroomed so that such animal shafl neither fal{ or be hanaed: (c) Sterilize all equipment after each dag or cat has been groomed; (d) Nat leave animals unattended before a dryer; {e) Not prescribe a treatrnent or medicine that is the province of a licensed veterinarian as_provided in RCW 18.92.010; jfl Not put more than one animal in each caqe. S2) All floors and walls in rooms, pens and cages used to retain anmals or in areas where animals are clipped, groomed or treated must be constructed of water impervious material that can be readilv cleaned, and must be maintained in qood repair. :(3) Hot and cold water must be convenientiv available and a large sink or tib of a minimum size of 24 inches bv 18 inches bv 12 inches must be provided. (4) Toilet and hand washing facilities with hot and cold runninct water must be convenientiv available for personnel emploved. Ordinance No. 10- Page 20 of 24 Rev 3/09 (5} Onlv equipment necessary to the operation of thelicensed establishment shall be kept or stored on the premises and shall be stored in a sanitarv and orderlv manner. ,�6) All caqes pens or kennels used for holdinq animals shall be kept in a clean and sanitarv condition and must be disinfected an a routirie basis. Section 24. Chapter 9.25 FWRC is renamed "Dangerous Animals" and the sections list is amended to read as follows: Sections: Article {. Dancterous Doas 9.25.005 Statutes adopted. 9.25.010 Dangerous dogs prohibited. 925.020 Exceptian. 9.25.03Q Confiscation. Article If. Vicious Animals 9.25.100 Compliance required. 9.25.110 Factors required to be considered 9.25.120 Optional factors to be considered 9.25.130 Violations. Section 25. A new section is hereby added to Article I of Chapter 9.25 FWRC to read as follows: 9.25.005 Statutes adapt�d. Chapter 16 08 of the Revised Code af Washinqton in its entirety and al{ future amendments are herebv adopted bv reference. In the case of a conflict between Chapter 16.08 RCW and this title, the provisions of this title shall �ontroL Section 26. FWRC 9.25.010 is hereby amended to read as follows: 9.25.Q10 Dangerous dogs prohibited. (1) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal Way. (2) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the animal servicesser�e4 authority or be rernoved frorn the city limits of Federal Way by the owner or keeper of the dog. (3) Any violation of this section is a gross misdemearor. (4) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the dangerous dogs. Section 27. FV�7RC 9.25.030 is hereby amended to read as follows: 9.25.030 Confiscation. A dog shall be confiscated by the animal servicesse�el authority if the dog has been deemed a dangerous dog, the owner has received notice under this chapter, ' , .. , and has either failed to appeal or has been denied relief following appeal. A dog may be impounded if the animal servicesse+�sl authority has deemed it a dangerous dog prior to final determination. Any dangerous dog impounded or confiscated under this section priorto final Ordinance No. 10- Page 21 of 24 Rev 3/09 determination will be held at the owner's expense pending appeal of the classification or violation. Upon final determination it may be disposed of and the owner has no right to redeem such dog. However, upon showing of good cause and in the sound discretion of the animal services�e4 authority, the dog may be released to the ov�ner for removal from within the city limits Section 28. A new section is added to Article II of Chapter 9.25 FWRC to read as follows: 9.25.100 Compliance reauired. An animaf declared by the Director to be vicious mav be kept, harbored or maintained in #he citv onlv upon compliance with the requirements prescribed by the Director and the reauirements of FWRC 9.18.120(2)(fl. Section 29. A new section is added to Article II of Chapter 9.25 FWRC to read as follows: 9.25.110 factors reauired to be car�sidered. In prescribing requirements to be observed in compliance with this chapter, the Director shall take into consideration the following factors: (1) The breed of the animal and its characteristics; (2) The phvsical size of the animak (3} The number of animals in the owner's home; S4) The zoninA involved, size of the lot where the animal resides, the number and proximitv of neiahbors: (5) The existing control factors, includinq but not limited to fencinq, caginQ, runs and stakinq locations: (6) The nature of the behavior qivinq rise to the director's determination that the animal is vicious: (a) Extent of the iniurv; (b) Circumstances, e.q., time of dav, on/off property, provocation instinct; (c) Circumstances surroundinq the result and complaint, e.q., neiqhborhood disputes, identification, credibilitv of complainants and witnesses. Section 30. A new section is added to Article II of Chapter 9.25 FWRC to read as follows: 9.25.120 Optional factors to be considered. Reauirements which mav be prescribed under this chapter include but are not limited to the followinct: {1) Erection of additional or new fencinq adequate to keep the animal within the confines of its property: �2) Construction of a run within which the animaf is to be keqt. Dimensions of tfie run will be consistent with the size of the animal: �3) Keeping the animal on a leash adeauate to control the animal, the length and location to be determined bv the director. When unattended the leash must be securelv fastened to a secure ablect: �4) Maintenance of the animaf indoors at all times, except when personallv controlled on a leash adeauate to control the anirnal by the owner or a competent person at least 15 vears of aqe; �5) Removal of the animal from the citv within 48 hours from the receiptof such notice. Ordinance No. 10- Page 22 of 24 Rev 3/09 Section 31. A new section is added to Article II of Chapter 9.25 FWRC to read as follows: 9.25.130 Violations. Failure to complv with anv requirement prescribed bv the Director pursuant to this chapter constitutes a misdemeanor. An animal kept or found in violation of this chapter is subiect to impoundment by the animal services authority, and the owner or keeper of such animal has no riqht to redeem such animaL Section 32. Chapters 9.1Q, 9.15, 9.20, 9.30, 9.35, 9.40, and 9.45 of the FWRC are hereby repealed in their entirety. Section 33. Severabilitv. 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 mare sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutionai. Section 34. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections ta this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 35. Ratification. Any act consistent with the authority and prior to the effective clate of this ordinance is hereby ratified and affirmed. Section 36. Effective Date. By unanimous consent, the City Council finds that this ordinance is needed for the immediate preservation of public peace, health and safety and is not Ordinance No. 10- Page 23 of 24 Rev 3/09 subject to initiative or referendum. This ordinance shall take effect and be in farce on July l, 2010. PASSED by the City Council of the City of Federal Way this _ day of , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCIVEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSC?N FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\Ordinance�2010�At►imal Services Ordinance 1Vo. 10- Page 24 of 24 Rev 3/U9