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Council PKT 07-18-2017 Regular4k., CITY OF ti. Federal Way centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall July 18, 2017 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing -In of Four New Police Officers b. Federal Way Hawks Jr. Football Team Recognition c. Proclamation: National Night Out — August 1 d. Proclamation: National Friendship Day — August 6 e. Federal Way Day Center Update and Report — Community Services Manager Jeff Watson f. Mayor's Emerging Issues and Report • Performing Arts & Event Center Project Completion Report — Performing Arts & Event Center Project Director EJ Walsh • Grand Opening of the Performing Arts & Event Center — August 19 — Performing Arts & Event Center Executive Director Theresa Yvonne • National Night Out — August 1 • August Council Meeting Schedule (August 8 Regular Meeting) • Kiwanis Salmon Bake at Steel Lake Park (July 28) 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 5, 2017 Regular and Special Meetings ...page 40 b. Green Gables NTS '16 — SW 329th Way (Hoyt Rd SW to 51st Place SW) ...page 49 The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. c. Acceptance of Grant Funding for the LED Street Light Conversion Project ...page 54 d. Submittal of Transportation Grant Applications ...page 56 e. Authorization to apply for Department of Ecology Terry Husseman Account (THA) Grant ...page 58 f. Reciprocal Emergency Operations Center (EOC) Use Agreement between the cities of Auburn, Federal Way, and Kent ...page 61 g. Interlocal Cooperative Agreement for the Creation of the Puget Sound Auto Theft Task Force (PSATT) ...page 68 h. MacDonald - Miller Facility Solutions Retainage Release ...page 82 i. Fourth Amendment to the MacDonald Miller Energy Performance Agreement ...page 83 6. PUBLIC HEARING a. Selection Process — 2017 Amendments to the Federal Way Comprehensive Plan (FWCP) ...page 85 • Staff Report: Margaret Clark, Principal Planner • Citizen Comment • Council Discussion /Action 7. COUNCIL REPORTS 8. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 44&_. Federal Way PROCLAMATION "National Night Out — August 1, 2017" WHEREAS, the City of Federal Way, the Federal Way Police Department, and South King County Fire & Rescue are joining National Association of Town Watch (NATW); and WHEREAS, thousands of other communities across the United States by supporting the "34.6 Annual National Night Out" to be held this year on August 1, 2017, and WHEREAS, the "National Night Out" is designed to strengthen neighborhood and police - community partnerships, heighten crime prevention awareness, and send a message that our neighborhoods are organized and vigilant, and WHEREAS, the "National Night Out" is a great opportunity to learn about neighborhood safety and to spend time with our neighbors, and WHEREAS, City of Federal Way officials, Federal Way police officers, and South King County Fire & Rescue firefighters will be visiting Federal Way neighborhoods that register for "National Night Out ". NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby call upon all residents of Federal Way to join us and the National Association of Town Watch (NATW) in supporting the "34th Annual National Night Out" on August 1, 2017. SIGNED this 18`h day offuly, 2017 F DERAL WAY MAYOR AND CITY COUNCIL Jim Ferrell, Mayor 44) Ldi da a Assefa - 1 / on, Councilmember Councilmember Susan on a, ouncilmember Martin Moor , Councilmember Jeanne Burbid le. ty Ma AP a eau. --issir.-• Robert J Celski, Councilmember Ma Kong, Councilme Sr Dini Duclos: Councilmember 4.. Federal Way PROCLAMATION "International Friendship Day — August 6, 2017" WHEREAS, International Friendship Day is a meaningful holiday to be observed in accordance with the culture, circumstances, and customs of our local, regional, and national communities, including through education and public awareness- raising activities; and WHEREAS, International Friendship Day helps people in recovery, including those facing tragic thoughts of suicide, to heal and help one another; and WHEREAS, International Friendship Day promotes the happiness and health of our Federal Way community; and WHEREAS, Federal Way and nearby residents Nick Wilson, Sharry Edwards, Cheryl Hurst, and Shelley Pauls have promoted the importance of this day by showing a true and meaningful example of what it is to be a friend; and WHEREAS, Federal Way will be celebrating its 2nd Annual International Friendship Day on August 6, 2017, 1 -3pm in Town Square Park, 31600 Pete Von Reichbauer Way South with the splash park, basketball, games, music, special treats, and meeting new friends; NOW, THEREFORE, we the undersigned Mayor and City Council of the City of Federal Way do hereby proclaim August 6, 2017 as International Friendship Day and encourage everyone in our community to come to Town Square Park, to reach out to their friends, and even to make a new friend or two! 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AI A" A laL OSA * • *Olt COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: a SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the July 5, 2017 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ City Council Business Ordinance Resolution Public Hearing Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: DEPT: Mayor's Office Draft minutes for the July 5, 2017 Regular and Special City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A Committee Council Initial/Date Initial/Date CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFF /CE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 12/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall Wednesday, July 5, 2017 — 6:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:02 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark Koppang, and Councilmember Dini Duclos. Councilmember Martin Moore was absent. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. EXECUTIVE SESSION At 6:02 p.m. Mayor Ferrell recessed into Executive Session for the purpose of discussing Sale or Lease of Property pursuant to RCW 42.30.110(1)(c). • Sale or Lease of Property Pursuant to RCW 42.30.110(1)(c) Council returned from Executive Session at 6:12 p.m. 3. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 6:12 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 July 5, 2017 CITY OF 1. CALL MEETING TO ORDER N ... Federal Way CITY COUNC IL 0 REGULAR MEETING MINUTES VP' Council Chambers - City Hall Wednesday, July 5, 2017 — 7:00 p.m. Mayor Ferrell called the meeting to order at 7:02 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. DEPUTY MAYOR BURBIDGE MOVED TO AMEND TONIGHT'S AGENDA TO ADD ITEM B TO COUNCIL BUSINESS TO DISCUSS AWARDING THE STAGE DRAPERIES CONTRACT FOR THE PERFORMING ARTS & EVENT CENTER; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 3. PRESENTATIONS a. Fourth of July Report • Red, White, and Blues Festival Report — Celebration Park Parks Director John Hutton was pleased to report the 24th Annual Fourth of July - Red, White and Blues Festival at Celebration Park was a spectacular event. He reported everything went according to plan; the music and entertainment acts, the crowds, the food vendors, community booths, and even the weather. Mr. Hutton thanked the many sponsors, who support this event year after year, and praised the Parks Department Staff, Parks Commission and Arts Commission who work very hard at the event and in the weeks and days leading up to the festival. He also acknowledged the support of the Police and Fire Departments, and the Mayor and Council for their ongoing support and attendance every year. Federal Way City Council Regular Minutes Page 1 of 7 July 5, 2017 Mr. Hutton also gave a brief report on the "Miles for Meso" 5K Run which took place earlier in the day (July 4). He congratulated Councilmember Bob Celski who attended the event not intending to run in the race, and yet won his age division. The city has risen over $100,000 for this cause over the year, through this fundraiser. • Fireworks Enforcement Report — Police Department Deputy Chief Kyle Sumpter was pleased to report there were no significant incidents at the July 4th Red, White and Blues Festival. This is a significant achievement with so many citizens in attendance in a relatively close and confined space. Deputy Chief Sumpter also reviewed the following information with the City Council regarding calls for service (CFS). Calls for Service from June 27 to July 5 (noon): 2016: 2067 total Calls for Service (CFS) 2017: 2072 total Calls for Service (CFS) Calls for Service on July 4: 2016: 339 total Calls for Service (CFS) 2017: 323 total Calls for Service (CFS) 2016: 215 fireworks - related CFS 2017: 183 fireworks - related CFS 2016: 110 fireworks - related CFS 2017: 117 fireworks - related CFS Deputy Chief stated he feels there is more compliance this year; however those out of compliance were increasing in the size and display of the illegal fireworks. All calls were responded to and fireworks were confiscated and destroyed. The Police Department continues to work on education of the laws in addition to enforcement. Extra patrols have been on duty since Saturday, July 1. Councilmembers commented on the ongoing issues of illegal fireworks use in their neighborhoods and suggested using the FWTV channel next year to educate the community on fireworks usage. b. Mayor's Emerging Issues and Report • Decatur Neighborhood Connection Follow -Up regarding Pollution Concerns Community Development Director Brian Davis briefly updated Council on a concern brought forward by a citizen comment at the recent Neighborhood Connections Meeting held at Decatur High School. The concern was regarding continued air pollution from the Tacoma Tide Flats area. Mr. Davis noted the Puget Sound Clean Air Agency is the regulatory authority which is a regional government agency comprised of elected officials from multiple jurisdictions and a Public -at -Large representative. He stated the PSCA is largely complaint driven inspections, however they also actively patrol historically odor - generating sites. Mr. Davis outlined the complaint process the citizens and other jurisdiction follow when a concern arises. Councilmembers thanked Mr. Davis for the information and follow -up and asked him to specifically address what the city or citizens can do to effect change on a broad scale. Mayor Ferrell took public comment relating to this issue. Federal Way City Council Regular Minutes Page 2 of 7 July 5, 2017 Chuck Duffy, thanked Mr. Davis for his presentation and work. He feels the increase in odor is a more substantial and broad issue. He has contacted Puget Sound Clean Air Agency and would like to see the city put some focus on what is going on down there. The city has worked very hard to improve the image of the city and this had a huge effect on property owners. Mayor and Council discussed the Tacoma Tide Flat area and its proximity to Federal Way residents. Mayor Ferrell reported on various community events such as the very successful Miles for Meso 5K and the North Lake Improvement Club July 4th Parade. He noted his attendance at multiple regional meetings including SCORE Board Meeting; SCA Board of Directors meeting and training with the Greater Federal Way Emergency Operations Center for the upcoming FEMA training in Maryland. 4. CITIZEN COMMENT Dana Hollaway spoke in favor of the Historic Preservation Ordinance on tonight's agenda. Betty Taylor invited everyone to come to the first annual community event held on National Night Out. She noted there will be a gathering at Town Square Park from 4:00 p.m. to 8:00 p.m. on August 1 with activities and a great opportunity to meet others in the community. Diana Noble - Gulliford, President of the Historical Society of Federal Way, thanked the Council for the support of the Historic Preservation Ordinance on tonight's agenda. She also spoke in concern over noise pollution from the Port of Tacoma. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: June 20, 2017 Regular Meeting b. Monthly Financial Report — May 2017 c. Vouchers — May 2017 d. Remodeling Police Crime Scene Van e. Resolution: Authorizing the Mayor, or Designee, to enter into Goods and Service Agreements for up to $50,000 per contract for events at the Performing Arts & Event Center f. Seattle SMSA Limited Partnership DBA Verizon Wireless Site Lease Agreement Councilmember Honda pulled Consent Item e. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -D, AND F AS PRESENTED; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Federal Way City Council Regular Minutes July 5, 2017 Page 3 of 7 Pulled item: Consent Agenda e /Resolution: Authorizing the Mayor, or Designee, to enter into Goods and Service Agreements for up to $50,000 per contract for events at the Performing Arts & Event Center. Councilmember Honda asked Executive Director Theresa Yvonne if this action affects the groups previously booked. Ms. Yvonne noted all contracts will be finalized following this action. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEM E; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 6. PUBLIC HEARING a. Resolution: regarding the surplus of a 1.86 acre parcel of property to be created between, the Performing Arts & Event Center property and the former Target store property for hotel use • Staff Report • Citizen Comment • Council Discussion /Action At 7:44 p.m. Mayor Ferrell opened the Public Hearing. City Attorney Ryan Call gave a presentation to Council regarding the proposed resolution to surplus a 1.86 acre parcel of property between the Performing Arts and Event Center (PAEC) and the former Target store property to Ottone - Salinas, Inc. Mr. Call noted the three steps remaining to sell the property are to hold a public hearing; pass a resolution declaring the property surplus; and approve a negotiated Purchase and Sale Agreement (PSA). City Attorney CaII provided additional background on the history of the property and the lot line adjustments that have occurred on the property to create this hotel pad for surplus. The resolution declares the property is no longer necessary for public use and the retention does not serve the best interest of the citizens and therefore can be sold. He noted the negotiated Purchase and Sale Agreement between the buyer and seller set the final sale price and terms of the property sale. The Mayor executed the PSA subject to Council approval to sell the 1.86 acre parcel, to be created with the binding site plan for $2,187,756 ($27 per square foot) to Ottone - Salinas. The hotel will be built and operated by a newly created LLC which will be formed and include Ottone - Salinas, Cadius Partners and other investors. Earnest money of $100,000 has been deposited into escrow with a balance of $2,087,756 to be paid at closing on or before August 1, 2017. Mr. Call also outlined additional conditions the PSA contains including reimbursement for staff time on this project, construction timelines, and restrictions regarding the selection of the brand of hotel (upscale). The property also includes encumbrances currently on the property which will transfer to the new owner. Prior to closing the buyer must record restrictive covenants on the property that limit the uses and development of the property. Federal Way City Council Regular Minutes Page 4 of 7 July 5, 2017 Per the PSA the construction must begin on or before June 1, 2018 and will be required to be open and operating by December 1, 2019. Penalties will accrue if timelines are not met. Construction hours are limited to day time hours during the work week, as to not interfere with events at the Performing Arts and Event Center. Councilmembers thanked Mr. Call for his thorough presentation and asked various clarifying questions regarding the presentation which were addressed by various Department Directors. Questions included parking requirements for the hotel in relation to PAEC parking and a deeper definition of "upscale" in relation to hotel standards. Additional questions followed regarding the requirement for the buyer /hotel to create low scale jobs; if there is a potential risk to the city in participating in a 1031 exchange; and funding of the grand staircase. No citizen comment. DEPUTY MAYOR BURBIDGE MOVED TO CLOSE THE PUBLIC HEARING REGARDING SURPLUS OF A 1.86 ACRE PARCEL OF PROPERTY; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE RESOLUTION DECLARING THE PROPERTY AS SURPLUS; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimous. Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 7. COUNCIL BUSINESS a. Proposed Purchase and Sale Agreement with Ottone - Salinas, Inc., for the sale of a 1.86 acre parcel of property to be created between, the Performing Arts & Event Center property and the former target store property for hotel use The briefing on this item took place during the Public Hearing to surplus the property. Mr. Call noted he is available to answer any additional questions Council may have. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PURCHASE AND SALE AGREEMENT, ADDENDUM, AND THE SALE OF THE PROPERTY, AND AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO THE SAME; COUNCILMEMBER KOPPANG SECOND. Councilmember Honda asked a clarifying question regarding the proceeds from this sale. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 5 of 7 July 5, 2017 Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes b. (Added Item) Performing Arts & Event Center — Award of PAEC Stage Draperies contract Performing Arts and Event Center Executive Director Theresa Yvonne, stated the bid for the PAEC Draperies was approved by Council on June 6. However since that time, the low bidder has become non responsive in obtaining required state licenses to move the project forward. She has contacted the second low bidder who is also non - responsive. At this time, she is recommending the Council authorize the bid to the third bidder who is responsive and can complete the project in a timely manner. The difference between the first and third bidder is approximately $17,000. COUNCILMEMBER DUCLOS MOVED TO AWARD THE STAGE DRAPERIES CONTRACT TO PACIFIC NORTHWEST THEATRE ASSOCIATES IN THE AMOUNT OF $66,245.25 AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 8. ORDINANCES Second Reading a. Council Bill #726/ Adding New Chapter 19.285 to FWRC for Historic Preservation AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO THE PROTECTION AND PRESERVATION OF LANDMARKS AND ADDING NEW CHAPTER 19.285 TO THE FEDERAL WAY REVISED CODE. City Clerk Stephanie Courtney read the Ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 9. COUNCIL REPORTS Councilmember Duclos had no report this evening due to not feeling well she will be leaving the meeting before adjournment. Councilmember Duclos left the meeting at 8:21 p.m. Councilmember Moore thanked Parks Director John Hutton and the Parks Department staff for the 4th of July celebration. He enjoyed himself and felt everyone attending had a wonderful time. The 4th of July is one of his favorite holidays and he feels Federal Way celebrates it the right way, coming together and celebrating America. He noted we are an incredibly diverse community. Federal Way City Council Regular Minutes July 5, 2017 Page 6 of 7 Councilmember Koppang also thanked the Parks and Police staff who worked very hard on the Red, White and Blues Festival at Celebration Park. He echoed Councilmember Moore's comments of a diverse community he is very proud of. He was pleased with the program that included music, activities, and vendors. He attended the Association of Washington Cities (AWC) Conference and found it very useful and appreciates AWC and Municipal Research and Services Center (MRSC) who are valuable resources for city officials. Councilmember Honda attended the DESNA Soccer Club auction and extended an invitation to their 10th Anniversary Celebration on August 18 -20. She attended the AWC Conference and was pleased to participate in the opening ceremonies carrying the city flag; she gained a lot of information and made new contacts. She expressed excitement about the passage of the historic preservation ordinance and is eager to see the first project. She announced the Kiwanis Salmon Bake scheduled for July 28 from 4:00 p.m. to 8:00 p.m. at Steel Lake Park. Councilmember Celski was in attendance at the Korean Community Quarterly Meeting on June 22. He was impressed by former Mayor Mike Park and expressed gratitude for all that is done by him and the Korean Community. He announced the Boys and Girls Club fundraiser on July 18 at Emerald Downs and the next Land Use and Transportation meeting on July 10. Councilmember Assefa Dawson also enjoyed the AWC Conference, and specifically learning about what other cities and jurisdictions are dealing with and what Federal Way is doing right. She is also proud to be the first Ethiopian Councilmember in the United States; she thanks Federal Way for making that happen. She is very proud. Deputy Mayor Burbidge appreciated the four councilmembers who attended the AWC Conference; it is a valuable tool and resource for city officials. She also discussed the Lakota Beach neighborhood parade and it continues to grow as a strong tradition. She thanked staff for the amazing preparations that occurred for the Red, White and Blues festival, the citizens truly benefited from the event. 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 8:32 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 July 5, 2017 COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: GREEN GABLES '16 NTS — SW 329' WAY (HOYT RD SW TO 51ST PL SW) POLICY QUESTION: Should the Council approve the installation of one (1) mini - roundabout at the intersection of 49th Ave SW & SW 329`'' Way and one (1) speed table on SW 329th Way east of 46th Ct SW? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 10, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston P.E. — Senior Traffic Engineer ............ ........... ............................... DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 10, 2017. Options Considered: 1. Authorize the installation of one (1) mini - roundabout at the intersection of 49th Ave SW & SW 329th Way and one (1) speed table on SW 329th Way east of46th Ct SW. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: Forward Option 1 to the July 18, 2017 City Council Consent approval. MAYOR APPROVAL: Co •ttee Initial/Da Coun Initial /Date DIRECTOR APPROVAL: enda for itial/Date ?4/17 COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 18, 2017 consent agenda for approval. Bob Celski, Chair L dia Assefa -Da on, ember Mark Koppang, Member PROPOSED COUNCIL MOTION: "I move to authorize the installation of one (1) mini - roundabout at the intersection of 49t1i Ave SW & SW 329th Way and one (1) speed table on SW 329th Way east of 46`h Ct SW." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 10, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum P.E., Director of Public Works Erik Preston P.E., Senior Traffic Engineer SUBJECT: Green Gables NTS `16 — SW 329`" Way (Hoyt Road SW to 51' Place SW) BACKGROUND: Residents along SW 329th Way between Hoyt Road SW and 51' Place SW submitted a petition on December 15, 2016 requesting the installation of traffic calming devices to control vehicle speeds and improve pedestrian safety along SW 329`h Way. Traffic studies were conducted in February and March of 2017, and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Traffic (ADT): 1,324 • 85`x' percentile speed: 37.1 mph • Total collisions (last 5 years): 0 • Injury Collisions: 0 Based on the current adopted NTS installation criteria (per table below), SW 329t Way scored 3.5 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Minor Collector Street NTS Criteria Point Scale 85th Percentile Speed Average Daily Traffic (ADT) Location School /Park 5 -Year Collision History Total Injury Fatal 0.0 0 - 25 0 - 1,000 No 1 - - 0.5 26 - 27 1,001 —1,800 _ Yes 2 - - 1.0 28 - 29 1,801 — 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 - 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on April 12, 2017 with 14 attendees signing in. They all agreed that something needed to be done about speeding on SW 329th Way and developed 4 prioritized tiers of possible solutions, described below, that would be proposed as budget and engineering judgement allowed. If approved, the preferred option(s) could be constructed in the summer of 2017. July 10, 2017 Green Gables NTS '16 Page 2 1. Mini - Roundabout at 49th Ave SW: A mini - roundabout at 49th Ave SW would be effective at slowing traffic in both directions, but especially downhill (eastbound) traffic approaching the all -way stop and improve pedestrian safety around the mailboxes located at the 49th Ave SW intersection. City staff supports this proposal. 2. Mini - Roundabout at the 47th Ave SW (currently all -way stop - controlled). Replacing the all -way stop with a mini - roundabout may not have much effect on approach speeds on SW 329th Way, especially if the central island size needs to be reduced to accommodate school bus turns. As such, there may only be limited, if any, safety benefit for vehicles and pedestrians with the cost of the roundabout. City staff does not support this proposal. 3. Speed humps at the bottom of the hill east of 46th Ct SW, or near 48th Ct SW: A speed hump at the bottom of the hill could be effective, but would increase the chance of vehicle damage and greatly impact access up the hill during snowy weather. There could also be a noticeable impact to emergency vehicle response time. A less severe option in both cases would be to install a speed table which would better accommodate buses, emergency response vehicles, and inclement weather. A speed hump near 48th Ct SW between the proposed roundabout at 49th Ave SW and the all -way stop at 47th Ave SW is unlikely to be effective. In addition, at least one resident near 48th Ct SW would be sensitive to humps due to a medical condition; a speed table would also be preferable to a speed hump for that resident. City staff supports the Speed Table proposal east of 46`" Ct SW. 4. Speed humps west of 49th Ave SW or Chicanes near 46th Ct SW: A speed hump west of 49th Ave SW would additionally slow the traffic, but would not address the speeding on the hill near 46th Ct SW. Chicanes may be an effective way to slow traffic on the steepest part of the hill near 46th Ct SW without significantly impacting emergency response time, but would collect garbage and debris within the chicane island or between curbs. They would also present difficulties for snow removal equipment on this important response route and remove a few on- street parking spaces. City staff does not support this proposal. Option 1 —One (1) Mini - Roundabout and One (1) Speed Table This option would install a mini - roundabout at the intersection with 49th Ave SW. The center island of the roundabout could be landscaped behind a 6 -inch curb. A speed table would also be installed east of the intersection with 46th Ct SW near the bottom of the steepest section of SW 329th Way where the roadway grade drops below 8 %. See the attached map for the proposed location of both devices. The proposed devices should be effective in reducing speeds and improving vehicular and pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience and perhaps a slight increase in emergency response time. Option 2 — No Action This option would not build any traffic calming devices and the street would remain in its current condition. Advisory Ballot In accordance with established NTS policies, City staff sent a total of 194 ballots to property owners and occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. As of the writing of this memo, the two -week postmark deadline for returning ballots has not passed and is incomplete; final ballot results will be shared during the presentation to the Land -Use and Transportation Committee. The table below summarizes the incomplete ballot results for the 19 ballots received to -date (10% return rate): July 10, 2017 Green Gables NTS '16 Page 3 2016 Green Gables NTS Ballot Count To -Date (Incomplete) Option Description Total Percent 1 1 Mini - Roundabout & 1 Speed Table 13 68% 2 No Action 6 32% The Traffic Division staff proposal is in accordance with the balloting results in recommending Option 1. The proposed locations for the mini - roundabout and speed table have been marked on the street. The proposed package should be effective in reducing speeds on SW 329 th Way between Hoyt Road SW and 51s` Place SW and may reduce cut - through traffic. However, there may be some negative impacts to the neighborhood including inconvenience, noise, and a slight increase in emergency response time. The estimated cost of this project is approximately $16,000 which exceeds the $15,000 per neighborhood per year budget limitation policy. The currently allocated NTS budget is $50,000 per year with $20,000 designated specifically for school NTS and/or school safety related improvements. Currently, only one other NTS projects is under construction in 2017, at a cost of $12,000, so $38,000 is still available in the budget for 2017. cc: Project File, Day File encl: Map of Option 1 & 2 Green Gables NTS '16 — SW 329th Way (Hoyt Rd SW to 515` PI SW) COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5c SUBJECT: ACCEPTANCE OF GRANT FUNDING FOR THE LED STREET LIGHT CONVERSION PROJECT POLICY QUESTION: Should City Council authorize staff to accept Grant Funding for the LED Street Light Conversion Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 10, 2017 CATEGORY: Consent ❑ City Council Business STAFF REPORT B `. Desiree Winkler, P.E. Deputy Public works Director/ Street Systems Manger ❑ Ordinance ❑ Public Hearing n Resolution ❑ Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 10, 2017 Options Considered: 1. Authorize staff to accept grant funding from the Department of Commerce energy efficiency grant program for the LED Street Light Conversion Project. 2. Do not accept grant funding from the Department of Commerce energy efficiency grant program for the LED Street Light Conversion Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 18, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: mmltt Initial/Date Initial/Date 7/7 DIRECTOR APPROVAL: 6/u //% COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 18, 2017 Council Consent Agenda for ap •roval. gift %%1'd_�Wi.�► Committee Chair Committe Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to accept Grant Funding from the Department of Commerce energy efficiency grant program for the LED Street Light Conversion Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # k: \council \agdbills\2017 \14 - july 18, 2017 \07 -18 -17 acceptance of grant funding for led street light conversion project.doc COUNCIL BILL # 1ST reading Enactment reading CITY OF FEDERAL WAY MEMORANDUM DATE: July 10, 2017 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director iree Winkler, P.E., Deputy Public Works Director /Street Systems Manager SUBJECT: Acceptance of Grant funding for LED Street Light Conversion Project. BACKGROUND: This memorandum provides the Council with the current status of the grant application submitted in early 2017 under the Department of Commerce energy efficiency grant funding. Project (Funding Phase) Estimated Project Grant Fund Required City Grant Cost Amount Match Awarded City Wide LED Street Light Conversion Project. (Design and Construction) Department of Commerce energy efficiency grant (State Funds) $3,360,000 $350,000 $3,010,000* * The required City match for this grant will be provided by utility rebates and applying for State treasurer finance (bonding) program which the City will use the annual energy and maintenance savings to retire debt. Project Scope and Costs This project would convert the City's existing street lights to Light Emitting Diodes (LED). The conversion would provide several benefits including: cost savings in the form of less energy usage and maintenance, higher quality lighting, and upgraded control options such as dimming. The preliminary estimate of replacement costs are as follows: Estimated TOTAL Estimated Replacement COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: SUBMITTAL OF TRANSPORTATION GRANT APPLICATIONS POLICY QUESTION: Should the City Council authorize staff to submit grant applications for transportation projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 10, 2017 CATEGORY: Consent n Ordinance ❑ Public Hearing COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: SUBMITTAL OF TRANSPORTATION GRANT APPLICATIONS POLICY QUESTION: Should the City Council authorize staff to submit grant applications for transportation projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 10, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY, esiree Winkler, P.E. Deputy Public works Director/ Street Systems Manger DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 10, 2017 Options Considered: 1. Authorize staff to submit the proposed transportation grant applications. 2. Do not authorize staff to submit the proposed transportation grant applications and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 18, 2017 Council Consent Agenda for approval. MAYOR APPROVAL: v.29/., DIRECTOR APPROVAL: Co ou it ' Initial /Dat L nitial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 18, 2017 Council Consent Agenda for Initial/Date approval. , . 4402 attiOrn-,— Comm' -e Chair J Committe ember PROPOSED COUNCIL MOTION: "I move to authorize staff to submit the proposed transportation grant applications." Committee Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 k: \council \agdbills\2017 \14 -july 18, 2017 \07 -18 -17 transportation grant submittals.doc COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 10, 2017 TO: Land Use / Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Director of Public Works J`Desiree Winkler, P.E., Deputy Public Works Director / Street Systems Manager SUBJECT: Submittal of Transportation Grant Applications BACKGROUND: This memorandum provides the Council with the current status of grant funding programs for transportation improvement projects in response to a Transportation Improvement Board (TIB) and Puget Sound Regional Council (PSRC) Transportation Alternatives Program (TAP) calls for projects. Staff has evaluated all projects listed on the City's Transportation Improvement Program (TIP) and concluded that the following projects will likely be competitive in the 2017 TIB or TAP funding programs. Project (Funding Phase) Grant Estimated Project Cost Possible Grant Fund Proposed City Match Sacajawea MS and Park Sidewalks — Phase 2 (SR 509 — 9th P1 S to Sacajawea Park) (Design and Construction) TIB Urban Sidewalk Program (State Funds) $1,000,000 $500,000 $500,000* SW 340th St Improvements — 37th Ave SW - City Limits (Design, Right of Way and Construction) Urban Arterial Program (TIB) (State Funds) $6,000,000 $4,200,000 $1,800,000 ** 21st Ave S — S 314th to S 316th Street — Pedestrian Connection (Design and Construction) PSRC — Transportation Alternatives Program $3,125,000 $750,000 $2,375,000 * ** * The required match for this project is proposed to be funded from the Traffic Safety Fund. ** The City match for this grant will be provided by transferring saving form other completed CIP projects to this project. * ** The City match for this grant will be provided by budgeted funds and other grants (as provided in the 2017 -2018 Budget). If the grant is awarded, the city's funded commitment will be reduced. cc: Project File Day File COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO APPLY FOR DEPARTMENT OF ECOLOGY TERRY HUSSEMAN ACCOUNT (THA) GRANT POLICY QUESTION: Should City Council authorize staff to apply for Department of Ecology Terry Husseman Account (THA) Grant? COMMITTEE: Land Use Transportation Committee MEETING DATE: July 10, 2017 CATEGORY: ® Consent n Ordinance ❑ Public Hearing El City Council Business ❑ Resolution El Other STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 10, 2017 Options Considered: 1. Authorize SWM staff to apply for Department of Ecology Terry Husseman Account (THA) Grant. 2. Do not authorize SWM staff to apply for Department of Ecology Terry Husseman Account (THA) Grant. MAYOR'S RECOMMENDAT. : Option 1 MAYOR APPROVAL: nitial/Date (/ Initial/Date DIRECTOR APPROVAL: 7 COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 18, 2017 consent agenda for approval. Committee Chair Committe Committee Member PROPOSED COUNCIL MOTION: "I move to authorize SWM staff to apply for the Department of Ecology Terry Husseman Account (THA) Grant" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 10, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum ,P.E. Public Works DirectorG FROM: EJ Walsh, P.E. Public Works Deputy Director If Theresa Thurlow, P.E Surface Water Manager4-YM SUBJECT: Authorization to apply for Department of Ecology Terry Husseman Account (THA) Grant BACKGROUND: On July 6, 2017, Department of Ecology (DOE) announced the availability of funding under the Terry Husseman Account (THA) Grant opportunity. THA Grants fall under the Shorelands and Environmental Assistance (SEA) Program Funding and can be used to support locally sponsored projects that restore or enhance the natural environment. Grant awards are typically $25,000 to $50,000. In answer to a SWM staff inquiry, it was determined that the construction of SWM CIP Project — West Hylebos Trail and Brook Lake Center Connector — is eligible for this grant opportunity. This project will connect the end of the West Hylebos Park Wetlands trail and boardwalk to Brook Lake Center, see attached map. The West Hylebos Wetlands Park and trail system is critical to SWM's public education and outreach efforts, including the annual Storming the Sound with Salmon Release Event, which has grown substantially since 2014. Logistics, safety, and parking are a challenge as the number of students, school buses, education stations, and salmon fry to be released have increased. At present the wetlands boardwalk trail terminates at the northern end of Brook Lake, approximately 300 If from Brook Lake Center. Extension of the trail and boardwalk to Brook Lake Center will allow for adequate parking and facilities for the students as well as the 40+ volunteers that sponsor the education stations. Connection of the boardwalk will also exponentially increase efficiency in logistics and decrease demand on SWM resources that are used to hold this four day event every year. This project was approved by City Council on June 20, 2017 under the 2017 SWM CIP Update and is scheduled to be designed in 2017 and constructed in 2018. Project (Funding Phase) Grant Estimated Project Cost Possible Grant Fund Proposed City Match WH Wetlands Trail -Brook Lake Connector (Design and Construction) WA State Dept of Ecology Terry Husseman (THA) Grant (State Funds) $200,000 $50,000 $150,000* *The City match for this grant will be provided by SWM CIP Fund. If the grant is awarded the City's funded commitment will be reduced. Cc: I'roject 1 ila Day- File COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: RECIPROCAL EOC USE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY & KENT POLICY QUESTION: Should the City of Federal Way sign the Reciprocal EOC use agreement between the cities of Auburn, Federal Way, and Kent. COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: July 11, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Ray Gross, Emergency Manager DEPT: Emergency Management Attachments: Reciprocal EOC Use Agreement Between the Cities of Auburn, Federal Way, Kent Options Considered: Option 1. Approve the City of Federal Way to sign the Reciprocal EOC Use Agreement. Option 2. Do not approve the City of Federal Way to sign the Reciprocal EOC Use Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, for the City of Federal Way to sign the Reciprocal EOC Use Agreement. MAYOR APPROVAL: Corn ttee Initial/Date Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Reciprocal EOC Use Agreement between the Cities of Auburn, Federal Way, Kent to the July 18` , 2017 consent agenda for approval. Committee Chair ' Committee ember PROPOSED COUNCIL MOTION: "I move approval of " 4 4 4 4 4- Committee �- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Reciprocal EOC Use Agreement Between the Cities of Auburn, Federal Way, Kent 1. The Parties to this Agreement are The City of Auburn, The City of Kent, and the City of Federal Way, each of which is a municipal corporation authorized to enter into this agreement pursuant to Chapter 39.34 (Interlocal Cooperation Act) of the Revised Code of Washington. 2. Statement of need or goals. All parties recognize the importance for each city to have an Emergency Operations Center (EOC) to coordinate emergency operations during major emergencies or events. Each city has a dedicated EOC, and trained staff to coordinate its efforts as described in each city's Comprehensive Emergency Plan. All parties also recognize that an event or emergency may render the EOC of any, or all, cities inoperable and the parties may need to perform EOC related duties from an alternate location. The purpose of this Agreement is to allow one party to use the EOC of another party, if available for use. 3. What is included in the Agreement. Use of the host city's EOC, communications equipment, audio visual equipment and other equipment that generally makes up the EOC. 4. Radios /phones /computers /room size needed. While each EOC will have different features, capabilities and equipment, it is the intent of the parties that the features, capabilities and equipment in use in any EOC, included but not limited to electricity, water, internet, cable, restroom(s), telephone(s), computer(s), and radio(s), will be available for use by the requesting city. 5. When Agreement will be used. The Agreement may be used when a requesting city's EOC is determined to be unusable during an event that would normally prompt the city to open and operate its EOC. This includes any event that triggers the requesting city's emergency management system. A host city's EOC will only be available if the host city does not anticipate using its EOC during an event. 6. How to activate. Upon determination of need by the requesting city's emergency manager or designee, the requesting city's emergency manager or designee will contact the host city's emergency manager, or designee, to request use of the host city's EOC. The request should estimate the level of activation (number of people expected to operate the EOC for the event or incident) and the estimated time the EOC will need to be operational. Any special needs should also be described at the time of the request. 7. Duration. The parties agree that effective EOC operations are essential for successful resolution of an incident or event, and once open, the host EOC should be available for at least one operational period. If an activation lasts more than one operational period, the EOC manager shall provide the host city with an updated estimated time the EOC will need to be operational. The requesting city will keep the activation as short of duration as Page 1 of 6 reasonable. Operational periods vary depending on the event or emergency and frequently last for periods of 4 -12 hours. 8. Support by host city. The host city will provide a liaison, when possible, to assist with operation of equipment, supplies, and other infrastructure needed to operate the EOC. Once up and operational, the parties will determine if the liaison is required full time, or simply available as needed. 9. Requesting city responsibilities. The requesting city shall maintain all equipment in an operational condition and shall not make any changes to computers, radios, hardware or software without the consent of the host city. The requesting city is responsible for the cleanup of any debris and returning the facility to its normal condition. 10. Recovery of any costs incurred. The requesting city shall be responsible for any damages, repairs, and personnel costs incurred by the host city as a result of the requesting city's use. 11. Timing. The host city will make the EOC available within one hour of approving a request. 12. Practice/Exercise. In order to effectively activate this Agreement and use another city's EOC, the parties recognize that training and/or exercises will be beneficial to all parties. The parties agree to host one training session or exercise lasting up to 3 hours in their EOC each year. The timing and duration of the training session or exercise shall be mutually agreed upon by the parties. 13. Contact information. Each city will provide contact information for three city individuals authorized to allow a host city to use its EOC on short notice. Contact information shall include name, title, email address, work phone and mobile phone number for each individual and should be updated or confirmed when a listed individual leaves his/her position or on an annual basis. 14. Reciprocal nature. The intent of this Agreement is to be reciprocal in nature. Each city acknowledges that it may either act as the host city or the requesting city at any time and that the benefits are roughly equal in nature. 15. Cancellation of agreement. Should any party desire to withdraw from this agreement, it shall provide 30 day's written notice to the other parties. In the event that one city withdraws from the agreement, it shall not affect the other parties' agreement. 16. Insurance. The requesting city shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverage, that include a severability of interest provision, as appropriate for the size of the EOC and the host city. 17. Indemnification. Indemnification and Defense: Each city agrees to defend, indemnify and hold the other cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including but not limited to reasonable attorney fees and litigation costs (hereinafter `claims'), allegedly caused solely by the Page 2 of 6 negligence or willful misconduct of such city, its agents, affiliated corporations, officers, officials, employees, volunteers, or lower tier subcontractors, (hereinafter tortfeasors), arising out of or in connection with the performance of this Agreement. If the negligence or willful misconduct of more than one city or its tortfeasors is a cause of such claims then the liability shall be shared between those cities in proportion to the relative degree of negligence or willful misconduct between such cities and such proportion shall apply to the rights of indemnity and defense. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from concurrent negligence of the Cities and their tortfeasors, then each city's liability shall be only to the extent of its negligence. Solely for the purposes of this indemnification, it is further specifically and expressly understood that the indemnification provided herein constitutes the cities' waiver of immunity under Industrial Insurance, Title 51 RCW, for claims brought by any party or party's employee against another party. Furthermore, in the event of a property loss each city agrees to waive any rights of recovery against each other to the extent the property loss at issue is covered by insurance. These waivers have been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 18. Dispute Resolution a. Meet and Confer Process In the event that any party believes another party has breached a term of this Agreement, it may request in writing that the parties meet and confer in good faith for the purpose of attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days of the date of service of the written request. b. Notice of Disagreement A party unsatisfied with the meet and confer process may file a Notice of Disagreement within fifteen (15) days of the meet and confer process by providing written notice to the other party. A party not electing to utilize the meet and confer process may file a Notice of Disagreement at any time by providing written notice to the other party. The Notice of Disagreement shall identify and describe any alleged breach of the Agreement with particularity and shall identify the action required to remedy the breach. c. Response to Notice of Disagreement i. Within fifteen (15) days of service of a Notice of Disagreement, the recipient shall provide a written response, either denying or admitting the allegations set forth in Page 3 of 6 the Notice of Disagreement and, if the truth of the allegations is admitted, setting forth in detail the steps it has taken and /or will take to cure the breach. ii. Failure to serve a timely response shall entitle the complaining party to proceed immediately to arbitration, or other alternative dispute resolution mechanism mutually agreeable to the parties. d. Enforcement Any award in arbitration or mediation held pursuant to Section 18(c) may be enforced by bringing an action in the Superior Court for King County, Washington. 19. Severability. Each provision of this Agreement is intended to be severable, and if any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 20. Amendment, Assignment & Waiver. a. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid unless it is made in writing, signed by the parties to be bound, and specifies, with particularity, the nature and extent of such amendment, modification, or waiver. b. No party to this Agreement shall assign any right or obligation in this Agreement, in whole or in part, without the prior written consent of the other parties, and any such assignment shall not be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 21. Integration & Binding Effect. a. This Agreement, together with any subsequent amendments or addendums, constitutes the entire agreement of the parties and no other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. b. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties and their respective successors and assigns, provided that this Section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. c. This Agreement is for the exclusive benefit of the parties and it does not create a contractual relationship with, or exist for the benefit of, any third party, including contractors, subcontractors, or their sureties. Page 4 of 6 22. Choice of Law. a. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in King County, Washington. b. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs and attorneys' fees generated by any dispute arising out of this Agreement. 23. Notices, Reports & Correspondence. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. 24. Signature Authority. This Agreement may be executed in counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Nancy Backus, Mayor Attest: Danielle Daskam, City Clerk Approved as to form: Daniel B. Heid, City Attorney Page 5 of 6 CITY OF KENT Suzette Cooke, Mayor Attest: Kim Komoto, City Clerk Approved as to form: Tom Brubaker, City Attorney CITY OF FEDERAL WAY Jim Ferrell, Mayor Attest: Stephanie Courtney, City Clerk Approved as to form: J. Ryan Call, City Attorney 6 COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF'S OFFICE, KING COUNTY PROSECUTOR'S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY LAKE, FEDERAL WAY, LAKEWOOD, TACOMA, AND TUKWILA FOR THE CREATION OF THE PUGET SOUND AUTO THEFT TASK FORCE (PSATT). POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department enter into an Interlocal Agreement with the above agencies for the creation of the Puget Sound Auto Theft Task Force? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: July 11, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PSC) CATEGORY: ® Consent n Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CHIEF ANDY HWANG Attachments: 1. PRHS &PSC Memo 2. PSATT Interlocal Agreement Options Considered: 1. Accept the PSATT Interlocal Agreement 2. Reject the PSATT Interlocal Agreement DEPT: Police MAYOR'S RECOMMENDATION— Accept the P TT Interlocal Agreement MAYOR APPROVAL: D RECTOR APPROVAL: c j \ 6 'p er / 7 ommittee SCo ncil // 7 Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the PSATT Interlocal Agreement to the July 18, 2017, Consent Agenda for approval" Committee Chair Committe Member 4 Committe- '' em.er PROPOSED COUNCIL MOTION: "I move approval of the PSATT Interlocal Agreement and authorize the Mayor to sign said Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 11, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Interlocal Cooperative Agreement between the Washington State Patrol, Pierce County Sheriffs Office, King County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Tacoma, and Tukwila for the creation of the Puget Sound Auto Theft Task Force. The Puget Sound Auto Theft Task Force (PSATT) is the creation of a multi jurisdictional team to investigate and enforce laws relating to auto theft. Federal Way has been a member of the P.A.T.R.O.L. Auto Theft Task Force related to Washington Auto Theft Prevention Authority (WATPA) Grant Awards since 2008 and the PSATT would replace this agreement. The PSATT would operate through the WATPA Grants. This Task Force will provide more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The City of Federal Way, through the Police Department, shall serve as the Lead Administrative Agency which will be responsible for establishing proper accounting procedures, reports and statistics. The Federal Way Police Department will also continue to assign at least one commissioned employee to the PSATT Task Force. 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF'S OFFICE, KING COUNTY PROSECUTOR'S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY LAKE, FEDERAL WAY, LAKEWOOD, TACOMA, AND TUKWILA FOR THE CREATION OF THE PUGET SOUND AUTO THEFT TASK - FORCE. I. PARTIES The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff's Office, King County Prosecutor's Office, Pierce County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Tacoma, and Tukwila, each of which is a state, county, or municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of Washington. III. PURPOSE The parties to this Agreement wish to establish and maintain a multi - jurisdictional team to effectively investigate and enforce the laws relating to auto theft. This Agreement is intended to replace previously executed interlocal agreements that were established for the ACE and P.A.T.R.O.L. Auto Theft Task Forces related to the WATPA grant awards. This Agreement does not replace any previously executed interlocal agreements by the parties to provide backup law enforcement services. This team shall be referred to as the Puget Sound Auto Theft Task - Force. The parties do not intend to create through, this agreement, a separate legal entity subject to suit. IV. FORMATION There is hereby created a multi jurisdictional team to be hereafter known as the Puget Sound Auto Theft Task - Force, by the parties (hereafter referred to as participating jurisdictions) to this Agreement. 1 1 P a S e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT V. STATEMENT OF PROBLEM The Washington State Legislature has recognized that automobiles are an essential part of our everyday lives. The family car is typically the second largest investment a person owns, the theft of which causes a significant loss and inconvenience to people, imposes financial hardship, and negatively impacts their work, school, and personal activities. Appropriate, meaningful, and proportionate penalties should be imposed on those who steal motor vehicles. King County, Pierce County, and the municipalities therein have experienced an increase in urbanization and population densities resulting in an increase in crime associated with auto theft. This has stretched the resources of individual police department investigative units. Historically, law enforcement efforts focused on auto theft have been predominately conducted by agencies working independently. A multi jurisdictional effort to handle auto theft investigations has many benefits, including: the more effective use of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and improved information sharing. This results in improved services for all participating jurisdictions and increased safety for the communities they serve through improved auto theft prosecution. VI. TASK FORCE OBJ ECTIVES The assigned personnel from each participating jurisdiction will form the Puget Sound Auto Theft Task - Force, which will serve the combined service areas of all the participating jurisdictions. The Task Force may also provide assistance to other law enforcement agencies that are not participating jurisdictions pursuant to chapter 10.93 RCW. The Task Force's objective is to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The Task Force may respond as able, and as approved by the Task Force Supervisors or Commander, to requests for assistance by any participating jurisdiction or by other law enforcement agencies pursuant to chapter 10.93 RCW. VII. DURATION AND TERM INATION The term of this Agreement shall be one (1) year, effective upon its adoption and consistent with the Washington Auto Theft Prevention Authority (WATPA) grant period. This Agreement shall automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding through the WATPA grant process. 2 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT A participating jurisdiction may withdraw from this agreement by providing thirty (30) days written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction's withdrawal prior to the WATPA grant's expiration will be ineligible for related grant funds beyond reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction's withdrawal. A majority vote of the Board may terminate the Task Force. Any vote for termination shall occur only when the Department Head, or his or her designee, of each participating jurisdiction was given reasonable advance notice of the meeting in which such vote is taken and reasonable advance notice that a vote to terminate the Task Force would be coming before the Board at the meeting. The participating jurisdictions may completely terminate this agreement by mutual agreement in writing. Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations described in paragraph XVIII of this Agreement with respect to the withdrawing party as to any incident occurring before the withdrawal of the party. Those obligations described in paragraph XVIII shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. VIII. GOVERNANCE The City of Federal Way, through its Police Department, shall serve as the Lead Administrative Agency for purposes of this Agreement. The other participating agencies are sub - recipients. The Lead Administrative Agency shall be responsible for establishing proper accounting procedures, an audit - trail, and the collection and provision of required reports and statistics. Sub - recipients shall submit to the Lead Administrative Agency all bills for reimbursement to ensure that those bills comply with grant policies and regulations prior to the Lead Agency submitting all reimbursements together to WATPA for payment. The Task Force shall be governed by an Executive Board ( "Board ") composed of one member from each participating jurisdiction that has at least one full -time employee assigned to the Task Force (Board Member). Each Department Head shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting where the decision is made. A quorum of the Executive Board must be present for any vote to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may deem appropriate. The Board shall meet quarterly, unless otherwise determined by the Board. Any Board member 3 ! P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT may call extra meetings as appropriate. The presiding officer shall provide no less than forty -eight (48) hours' notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. The Board may, at its discretion, adopt policies, regulations, and operational procedures that shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and operational procedures shall apply to all operations. Officers assigned to the Task Force remain employees of their employing agency and are subject to the policies of their employing agency. To the extent that the written policies, regulations, and operational procedures of the Task Force conflict with the written policies, regulations, and operational procedures of the individual jurisdictions, the Task Force members will adhere to the written policies, regulations, and procedures of their employing agency. IX. COMMAN D AN D CONTROL In the event of a mobilizing incident, the primarily responsible agency will be the agency in whose jurisdiction the incident has occurred. The primarily responsible agency shall appoint a command level officer to serve as Incident Commander to be the officer in charge of the local event. The Incident Commander retains full authority and control throughout the incident and shall make any decision as to the resolution of the incident. X. TASK FORCE STAFF Upon adoption of this Agreement, the staff listed below shall be assigned and serve at the pleasure of the Board. The Board shall have authority to determine which participating jurisdictions will contribute staff and shall have authority to approve of staff assigned by a party. The Board may change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its ability, determine which participating jurisdictions may provide staff for the various positions during the previous year's budget cycle. A staff member of the Task Force may be removed from his or her position for any reason by majority vote of the Board or by the chief /sheriff of his or her employing jurisdiction. All Task Force staff members shall be in good standing with their employing jurisdiction at all times during their service on the Task Force. Commander: A Task Force Commander, with the rank of Commander or Captain (or command level equivalent) from his/her employing jurisdiction shall be appointed by the Board. 4 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT The Commander shall act as the principal liaison between the Board and Task Force staff. The Commander shall operate under the direction of the presiding officer of the Board. The Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, and challenges of the Task Force. The Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the Task Force. The Commander shall be responsible for presenting any policies, regulations, and operational procedures and revisions for Board review and approval. Task Force Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded by WATPA and appointed by the Board, and one (1) non - WATPA- funded supervisor positions will be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level supervisors for the Task Force and shall report directly to the Commander. Task Force Detective: The Task Force shall have seven (7) WATPA- funded detectives assigned from participating jurisdictions that are appointed by the Board and four (4) non - WATPA- funded detectives provided by WSP. Crime Analyst: The Task Force shall have one (1) WATPA- funded crime analyst provided by one of the participating jurisdictions. Prosecutor: The Task Force shall have one (1) prosecuting attorney provided by the King County Prosecutor's Office to provide direct access to legal support for improved communication and prosecution of auto theft cases investigated by the Task Force. Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be considered employees of the employing jurisdiction, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations of the employer shall remain with the employing jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any applicable collective bargaining agreements or civil service rules and regulations. XI. EQUIPMENT, TRAINING, AND BUDGET Equipment, training, and eligible expenses will be paid by the Task Force as provided in the 51P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT WATPA grant through the Lead Administrative Agency's finance depai lucent. A participating jurisdiction which incurs expenses not provided in the WATPA grant is responsible for those expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a monthly expenditure invoice to the Lead Administrative Agency's finance department documenting those expenses that are eligible for reimbursement through the WATPA grant. Each participating jurisdiction will provide a vehicle for each full -time Employee assigned by that participating jurisdiction to the Puget Sound Auto Theft Task - Force. The participating jurisdiction is responsible for maintenance of vehicles provided to its employees assigned to the Task Force. XII. OVERTIME Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task Force supervisor must pre- approve overtime expenditures. Overtime is eligible for reimbursement only if: (1) a Task Force supervisor authorized the overtime; (2) the overtime activity is specifically related to auto theft prevention efforts; and, (3) WATPA funds are available. When the budgeted overtime funds are depleted, no overtime expenditures will be authorized by the Puget Sound Auto Theft Task -Force or WATPA. For this reason, available funds for reimbursement will be distributed according to the applicable provisions of the Task Force Policy Manual until those funds are depleted. The Task Force Policy Manual is a document that will describe the operational procedures for the task force. If the WATPA overtime funds are depleted, overtime incurred by a Task Force staff member shall be the responsibility of the employing jurisdiction. XIII. REIMBURSEMENT OF FUNDS Participating jurisdictions requesting reimbursement for approved expenditures must submit appropriate invoices and itemized receipts monthly, and no more frequently than once each month, for actual expenses. Each reimbursement request must contain a completed reimbursement request expenditure form. Reimbursements will be made for actual expenses based upon the available budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible for timely submittal of billing documentation and data reporting to the Lead Administrative Agency. Expenditures made prior to the award date or after the grant expiration date are not authorized and will not be reimbursed. WATPA will reimburse participating jurisdictions upon submittal of billing documentation, as outlined in the WATPA grant award. Requests for reimbursement for per diem (meal and travel 6 Page PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT expenditures) must be accompanied by an itemized receipt detailing the item purchased. Copies of timesheets are required for overtime reimbursement. Reimbursement will be made only up to the amount of the limit of the award as indicated in the WATPA grant award. Any cost above and beyond the award limit will be the responsibility of the employing jurisdiction. XIV. RECORDS Each party shall maintain records related to the Puget Sound Auto Theft Task -Force in conformance with the Washington State Secretary of State's records retention schedule. All records kept by a participating jurisdiction shall be available for full inspection and copying by any other participating jurisdiction. Records related to the Puget Sound Auto Theft Task -Force include but are not limited to bi- annual WATPA reporting, invoices, and requests for reimbursement along with supporting documentation. Any party that receives a Public Records Act request for records related to the Puget Sound Auto Theft Task -Force shall notify within two business -days every other participating jurisdiction to this Agreement of the request. All participating jurisdictions will search their records to locate and produce responsive documents. Criminal investigation reports generated by the Puget Sound Auto Theft Task -Force will be maintained in the records systems of the employing jurisdiction of the primary Task Force staff member who created the report. The primary investigator of an incident or case may include in his or her report supplemental reports that are also filed with another agency by Task Force members. XV. POLITICAL ACTI VITI ES PROHIBITED No government funds, including WATPA award funds, may be used for or against ballot measures or the candidacy of any person for public office. XVI. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of this Agreement, any assets acquired by the Puget Sound Auto Theft Task - Force with grant funds shall be distributed by the Board upon a majority vote of all Board members or their designees. XVII. PRESS RELEASES All press releases related to Puget Sound Auto Theft Task -Force activity must be authorized by the Task Force Commander, who will coordinate the press release with the police agencies in 7 1 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT whose jurisdictions the incident has taken place. In the event that a press release is associated with a public service announcement or public outreach efforts, the Task Force Commander will coordinate the press release with the Board. XVIII. LIABILITY AND INDEMNIFICATION The Task Force staff assigned by the employing jurisdiction shall continue under the employment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to the Task Force or the activities of the Task Force. Each participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating jurisdictions in the Task Force in any action arising from the negligence of the employees of that jurisdiction including all costs of defense including attorney's fees. A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. In the event a jurisdiction does not agree to joint representation, that jurisdiction shall be solely responsible for all attorney fees accrued for its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions. Cooperation includes, but is not limited to, providing all documentation requested and making Task Force members available for depositions, discovery, settlement conferences, strategy meetings, and trial. B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the commercial insurance market, an insurance pool, self - insurance, or a combination thereof. The failure of any insurance carrier or self - insured pooling organization to agree to or follow the terms of this Agreement shall not relieve any participating jurisdiction from its obligations under this Agreement. XIX. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of its conduct in support of Task Force operations, that jurisdiction shall promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation, including the claim or legal complaints, shall be provided to each participating jurisdiction within ten (10) days. 8 Page PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT XX. PRE -CLAIM FILING REQUIREMENTS Section XIX of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the state or federal Rules of Civil Procedure or the Revised Code of Washington. XXI. WRITTEN CONSENT TO ENFORCE TRAFFIC AND CRIMINAL LAWS Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written consent of each sheriff or police chief of each participating jurisdiction to permit the officers of any participating jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the purpose of this Agreement. XXII. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all parties and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with this section. XXIII. FILING Upon execution, this Agreement shall be filed with the city clerks of the respective participating municipalities and such other governmental agencies as may be required by law, and each jurisdiction shall, pursuant to RCW 39.34.040, list this Agreement by subject on its official website. XXIV. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, Wage Page PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT part, or provision of this Agreement. XXV. AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative, and upon a successful grant award by WATPA for the July 2017 through June 2019 WATPA grant cycle. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this agreement on behalf of the participating jurisdiction, and the participating jurisdiction agrees to the terms of the Agreement. Nancy Backus Date Date Mayor, City of Auburn City Attorney, City of Auburn Date City Clerk, City of Auburn Neil Johnson Date Date Mayor, City of Bonney Lake City Attorney, City of Bonney Lake Woody Edvalson Date City Clerk, City of Bonney Lake 101 P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Jim Ferrell Date Date Mayor, City of Federal Way City Attorney, City of Federal Way Stephanie Courtney Date City Clerk, City of Federal Way Mike Zaro Date Heidi Wachter Date Chief of Police, City of Lakewood City Attorney, City of Lakewood Alice Bush Date City Clerk, City of Lakewood Elizabeth Pauli Date Date City Manager, City of Tacoma City Attorney, City of Tacoma Doris Sorum Date City Clerk, City of Tacoma Allan Ekberg Date Rachel Turpin Date Mayor, City of Tukwila City Attorney, City of Tukwila Christy O'Flaherty Date City Clerk, City of Tukwila 71 I P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT Paul Pastor Date Date Sheriff, Pierce County Clerk, Pierce County John R. Batiste Date Chief, Washington State Patrol Daniel T. Satterberg Date Prosecutor, King County Prosecutor's Office 1 P a ; PUGETSOUNDAUTOTHEFTTASK -FORCE INTERLOCALAGREEMENT COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MACDONALD- MILLER FACILITY SOLUTIONS RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the copper wire theft protection system as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: July 11, 2017 CATEGORY: ® Consent n Ordinance ❑ Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks History: The City worked with MacDonald - Miller Facility Solutions to install the copper wire theft protection system at Saghalie, Sacajawea and Lakota Park in the amount of $41,610.00. Prior to the release of retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue, Department of Employment Security and Department of Labor and Industries requirements. Expenditure Summary: $41,610.00 — installed system; 5% Retainage held from this project amount. = $2,080.50 Options Considered: 1. Accept the installation of the copper wire theft prevention system as complete and release $2,080.50 Retainage to MacDonald - Miller Facility Solutions. 2. Do not accept the work as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: melte AyDIRECTOR APPROVAL: Gl r Committee COMMITTEE RECOMMENDATION: I move to forward the acceptance of the MacDonald - Miller Facility Solutions installation of the copper wire theft prevention system as complete and forward the authorization for staff to release retainage in the amount of $2,080.50 to the July 18, 2017 City Council consent agenda for approval. Committee Chair • C• ommi pit- mber PROPOSED COUNCIL MOTION: "I move to accept the installation of the copper ire theft prevention system as complete and authorize staff to release Retainage in the amount of $2,080.50 to MacDonald - Miller Facility Solutions." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1ST reading Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FOURTH AMENDMENT TO THE MACDONALD MILLER ENERGY PERFORMANCE AGREEMENT POLICY QUESTION: Should the Council authorize a fourth amendment to the MacDonald - Miller Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC system at City Hall and the Community Center? COMMITTEE: PRHSPS MEETING DATE: July 11, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Parks Deputy Director DEPT: PRCS Attachments: Fourth Amendment Memo to the MacDonald — Miller Energy Performance Agreement. Options Considered: 1. Approve a fourth amendment to the MacDonald - Miller Energy Performance Agreement for continued repairs, maintenance and monitoring of the HVAC system at City Hall and the Community Center in the amount of $ 259,975.98 including a 10% contingency over a 2 year term, and authorize the Mayor to execute said agreement. 2. Do not authorize a fourth amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: IRECTOR APPROVAL: Initial COMMITTEE RECOMMENDATION: I move to forward the authorization of a fourth amendment to the MacDonald - Miller Energy Performance Agreement in the amount of $259, 975.98 for a total compensation of $895, 975.98 to the July 18, 2017 consent agenda for approval. Committee Chair Committee Member Committee ber PROPOSED COUNCIL MOTION: "I move approval of authorizing a fourth amendment to the MacDonald - Miller Energy Performance Agreement by extending their term through December 31, 2018 with an increase of $259, 975.98 for a total compensation of $895, 975.98 and authorize the Mayor to sign said agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way Parks and Facilities Division Date: June 29, 2017 To: PRHSPS Council Committee From: Stephen Ikerd, Parks Deputy Director Via: Mayor Jim Ferrell John Hutton Parks Director Subject: Fourth Amendment to the MacDonald - Miller Energy Efficiency Agreement Background: The City entered into an Energy Efficiency Agreement with MacDonald - Miller Facilities Solutions July, 2011 to repair and upgrade portions of the HVAC system in City Hall. This 5 year project improved controls and repaired malfunctioning equipment which led to more energy savings. The energy program has been very successful and MacDonald - Miller has also performed improvements at the Community Center. To keep this program consistent with a known contractor that understands our facilities well and all the associated equipment quirks, we recommend extending MacDonald - Millers existing program for 2 more years for both facilities after which we would go out to bid for regular routine maintenance services. This extra time insures that the equipment receives the same level of maintenance and we can better access how to develop bid documents to prepare for the eventual time when we go out to bid. Recommendation: Amend the MacDonald - Miller Energy Efficiency Agreement to include repairs, routine monitoring and adjusting of this distribution system for both City Hall and the Community Center in the amount of $259,975.98 including 10% contingency for a 2 year period ending Dec 31, 2018 for a total compensation of $895,975.98. Funding for this amendment would come from both facilities normal operations accounts. COUNCIL MEETING DATE: July 18, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6a SUBJECT: Selection Process — 2017 Amendments to the Federal Way Comprehensive Plan (FWCP) POLICY QUESTION: Which of the 11 citizen - initiated site - specific requests for comprehensive plan amendments should move forward for further review? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: July 10, 2017 CATEGORY: ❑ Consent _ Ordinance ® Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: Principal Planner Margaret Clark DEPT.: Community Development Attachments: June 26, 2017, Staff Report to the LUTC with Exhibits A —Y Background: The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) on an annual basis. The city received 13 citizen - initiated requests for site - specific comprehensive plan amendments; however, two were withdrawn. Pursuant to FWRC 19.80.080, after the deadline for accepting applications and following an LUTC recommendation, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. Options Considered: 1) Concur with the Mayor's recommendation; 2) Do not concur with the Mayor's recommendation. MAYOR'S RECOMMENDATION: That the citizen - initiated site - specific requests move forward for further consideration. MAYOR APPROVAL: mittee Co it Initial/Date Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the Mme 18, 2017, City Council meeting for a public hearing. Committee Chair AIL ^ ei , 14Aan..- CommitteII ember Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Mayor's recommendation." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way DATE: June 26, 2017 TO: Bob Celski, Chair Land Use /Transportation Committee (LUTC) FROM: Brian Davis, Community Development Director Robert Hansen, Planning Manager Margaret H. Clark, Principal Planner l ",�, SUBJECT: Selection Process — 2017 Comprehensive Plan Amendments MEETING DATE: July 10, 2017 I. POLICY QUESTION Which of the 11 citizen - initiated site - specific requests for comprehensive plan amendments should move forward for further review? II. BACKGROUND The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. The city received four requests in September 2015 and nine requests in September 2016. Two of the requests have since been withdrawn. Pursuant to FWRC 19.80.080, after the September 30`h deadline for accepting applications and following an LUTC recommendation, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. III. REASON FOR COUNCIL ACTION Pursuant to FWRC 19.80.050, "City Council Review," for Process VI (Council Rezones), the City Council is required to review all requests concurrently during a public hearing, at which time the council selects those amendment requests it wishes staff to research further. IV. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT PROCESS June 21, 2017 July 10, 2017 Planning Commission Briefing LUTC Meeting — A summary of all requests will be presented to the LUTC for a recommendation on which requests should be considered further. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 1 of 21 July 18, 2017 July 28, 2017 September 6, 2017 October 2, 2017 October 18, 2017 November 2, 2017 City Council Public Hearing — The City Council shall determine which requests shall move forward for further review. SEPA Issued (14 day comment and 21 appeal period) Planning Commission Public Hearing LUTC Meeting City Council 1St Reading City Council 2 "d Reading V. BACKGROUND AND STAFF ANALYSIS — SITE- SPECIFIC REQUESTS (Exhibit A — Composite Map) A. Site - Specific Request #1 — Pool Rezone This request has been withdrawn. B. Site - Specific Request #2— Lakota Rezone 1. Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Reason for the Request 15- 104940 -UP 122103 -9147 Susie Horan 31241 SW Dash Pt Rd South of 21' P1 SW and north of SW Dash Point Rd S (Exhibit B) 3.09 acres Vacant Professional Office Professional Office (PO) Neighborhood Business Neighborhood Business (BN) At the time of the submittal of the application, the applicant stated that the property had been for sale for 18 months and there were no potential buyers interested in the Professional Office (PO) designation. Prospective buyers have indicated an interest in Neighborhood Business (BN) zoning. In addition, there are other BN -zoned properties across 21" Place SW and SW 312th to the northeast. 3. Staff Comments There are only ten permitted uses in the PO zone — office, schools, day cares, governmental facilities, public parks, public transit, public utilities, personal wireless service facilities (PWSFs), churches, and urban agriculture. Of these ten permitted uses, Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 2 of 21 five are public uses compared to the BN zone which allows all uses permitted in the PO zone in addition to other uses such as multi - family housing with ground -floor commercial, grocery stores, coffee - shops, hardware stores, health clubs, funeral homes, churches, and personal services such as dry cleaning, beauty, and barbers. The subject parcel is adjacent to a BN zone to the north and adjoins a BN node to the northeast. This parcel is the only PO -zoned property within the existing 21st Place SW, SW Dash Point Road, and SW 312th commercial node. 4. Surrounding Zoning & Land Use (Exhibit C) C. Site - Specific Request #3 — Puget Center Property 1. Summary File Number: 15- 104981 -UP Parcel No. Zoning Land Use North Neighborhood Business (BN) Storage Court- Self - Storage and Dash Point Village South Suburban Estates (SE, one unit per five acres) Lakota Park East Suburban Estates (SE, one unit per five acres ) Lakota Park West Single - Family (RS 15.0, one unit per 15,000 square feet) Wayside United Church C. Site - Specific Request #3 — Puget Center Property 1. Summary File Number: 15- 104981 -UP Parcel No. Applicant Address Size in Acres Existing Land Use 082104 -9074 Puget Center No site address 1.24 Vacant 082104 -9076 Puget Center No site address 1.24 Vacant 082104 -9167 Puget Center No site address 1.55 Vacant Total Size 4.03 Location: Existing Comprehensive Plan: Neighborhood Business Existing Zoning: Neighborhood Business (BN) Requested Comprehensive Plan: Single Family High Density Residential Requested Zoning: Single Family (RS 7.2, one unit per 7,200 square feet) North of S 312th St and east of 15` Ave S (Exhibit D) 2. Reason for the Request The applicant states that King County is facing a housing crisis, and indicates that the highest and best use for the land is residential housing. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 3 of 21 3. Staff Comments Much of the area surrounding the site is developed. Re- designating the requested parcels to Single Family High Density Residential and Single Family (RS 7.2, one unit per 7,200 square feet) would be consistent with the existing designations to the north and east. 4. Surrounding Zoning & Land Use (Exhibit E) D. Site - Specific Request #4 — Cherian This request has been withdrawn. E. Site - Specific Request #5 — Campbell 1. Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105017 -UP 322104 -9059 Mike and Kelly Campbell 610 South 376`h St. West of 8th Ave S, between S 373rd and S 376`h St (Exhibit F) 5.00 acres Single family dwelling unit Single Family Low Density Residential Suburban Estates (SE, one unit per five acres) Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 4 of 21 Zoning Land Use North Single Family (RS 7.2, one unit per 7,200 square feet) Single family South Multi- family (RM 2400, one unit per 2,400 square feet) (Across S 312`h St) Multi- family East Single Family (RS 7.2, one unit per 7,200 square feet) Single family West Single Family (RS 7.2, one unit per 7,200 square feet) Single family Neighborhood Business (BN) 7 -11 Convenience Store, Pizza Restaurant D. Site - Specific Request #4 — Cherian This request has been withdrawn. E. Site - Specific Request #5 — Campbell 1. Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105017 -UP 322104 -9059 Mike and Kelly Campbell 610 South 376`h St. West of 8th Ave S, between S 373rd and S 376`h St (Exhibit F) 5.00 acres Single family dwelling unit Single Family Low Density Residential Suburban Estates (SE, one unit per five acres) Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 4 of 21 2. Reason for the Request Mr. and Mrs. Campbell are requesting a comprehensive plan amendment to rezone their property from Suburban Estates (SE, one unit per five acres) to Single Family (RS 35.0, one unit per 35,000 square feet) due to the need for additional single family homes in Federal Way. 3. Staff Comments There is RS 35.0 zoning adjacent and to the east of this parcel. 4. Surrounding Zoning & Land Use (Exhibit G) F. Site - Specific Request #6 — Shelter Resources Park and Ride TOD 1. Summary File Number: 16- 105018 -UP Parcel No.: 720480 -0172 Applicant: Shelter Resources, Inc. Address: No address Location: South of S 276th St and east of Pacific Highway South (Exhibit H) Size: 3.45 acres Existing Land Use: Vacant Existing Comprehensive Plan: Single Family High Density Residential Existing Zoning: Single Family (RS 7.2, one unit per 7,200 square feet) Requested Comprehensive Plan: Multi - family Residential Requested Zoning: Multi- family (RM 1800, one unit per 1,800 square feet) 2. Reason for the Request Multi- family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the requested RM 1800 zone. The applicant is requesting a comprehensive plan designation and rezone in order to allow transit - oriented multi - family housing as the parcel is within one half mile of the planned 272nd Sound Transit Light Rail Station, Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 5 of 21 Zoning Land Use North Single Family (SE, one unit per five acres) Single family South Single Family (SE, one unit per five acres) Cemetery East Single Family (RS 35.0, one unit per 35,000 square feet) Single family West Single Family (SE, one unit per five acres) Single family F. Site - Specific Request #6 — Shelter Resources Park and Ride TOD 1. Summary File Number: 16- 105018 -UP Parcel No.: 720480 -0172 Applicant: Shelter Resources, Inc. Address: No address Location: South of S 276th St and east of Pacific Highway South (Exhibit H) Size: 3.45 acres Existing Land Use: Vacant Existing Comprehensive Plan: Single Family High Density Residential Existing Zoning: Single Family (RS 7.2, one unit per 7,200 square feet) Requested Comprehensive Plan: Multi - family Residential Requested Zoning: Multi- family (RM 1800, one unit per 1,800 square feet) 2. Reason for the Request Multi- family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the requested RM 1800 zone. The applicant is requesting a comprehensive plan designation and rezone in order to allow transit - oriented multi - family housing as the parcel is within one half mile of the planned 272nd Sound Transit Light Rail Station, Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 5 of 21 which will be constructed in 2024 at the existing Star Lake Park and Ride, located adjacent to the intersection of I -5 and South 272nd Street. 3. Staff Comments This parcel does not front on a public street and there is no documented access point to Pacific Highway South. Documented access must be secured before the site will be suitable for the requested RM 1800 zoning. There is existing RM zoning adjacent and to the west of the parcel. Single family zoning to the east is buffered from this site by wetlands and a Native Growth Protection Easement (NGPE), where development is prohibited. 4. Surrounding Zoning & Land Use (Exhibit I) G. Site - Specific Request #7 — Dematteis /Gabrielson Property 1. Summary File Number: Parcel No's.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Reason for the Request 16- 106141 -UP 132103 -9002 and 132103 -9091 Mark Frietas 2200 SW 320th St and 32011 21s1 Ave SW South of S 320th St and west of 21s1 Ave SW (Exhibit J) 2.00 acres Vacant Professional Office Professional Office (PO) Single Family High Density Residential Single Family (RS 5.0, one unit per 5,000 square feet) The applicant states that the request is being made to better utilize the property and provide affordable single family lots; office property is overbuilt with over a 21 percent vacancy rate, and the parcels have become a "holding zone" for a use that will be difficult to fill. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 6 of 21 Zoning Land Use North Community Business (BC) Park and Ride South Single Family (RS7.2, one unit per 7,200 square feet) Vacant East Single Family (RS7.2, one unit per 7,200 square feet) Vacant and Single family West Multi - family (RM 2400, one unit per 2,400 square feet) Apartments G. Site - Specific Request #7 — Dematteis /Gabrielson Property 1. Summary File Number: Parcel No's.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Reason for the Request 16- 106141 -UP 132103 -9002 and 132103 -9091 Mark Frietas 2200 SW 320th St and 32011 21s1 Ave SW South of S 320th St and west of 21s1 Ave SW (Exhibit J) 2.00 acres Vacant Professional Office Professional Office (PO) Single Family High Density Residential Single Family (RS 5.0, one unit per 5,000 square feet) The applicant states that the request is being made to better utilize the property and provide affordable single family lots; office property is overbuilt with over a 21 percent vacancy rate, and the parcels have become a "holding zone" for a use that will be difficult to fill. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 6 of 21 3. Staff Comments There are ten permitted uses in the PO zone —office, schools, day cares, governmental facilities, public parks, public transit facility, public utilities, personal wireless service facilities (PWSFs), churches, and urban agriculture, five of which are public uses. The RS 5.0 zone allows all of the uses allowed in the PO zone, except for office use. The RS 5.0 zone also allows detached dwelling units, senior citizen housing, special needs housing, attached dwelling units, zero lot line townhouses, and cottage housing. There is no RS 5.0 -zoned land in the surrounding area. Changing the designation of these two parcels to single family residential would leave an isolated piece of PO -zoned land at the intersection of SW 320th Street and 21S` Avenue SW. 4. Surrounding Zoning & Land Use (Exhibit K – Aerial Map) Site - Specific Requests #8 -13 are located in the same vicinity and will be reviewed as a package (Exhibit L). H. Site - Specific Request #8 – Johnson Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 104838 -UP 322104 -9086 Mark Johnson 1424 S 372nd St North and west of Milton Rd S (Exhibit M) 0.44 acres Single family dwelling unit Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 7.2, one unit per 7,200 square feet) Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 7 of 21 Zoning Land Use North Professional Office (PO) SW 320th St and Vacant South Single Family Residential (RS 7.2) Single family East Professional Office (PO) Multi- family residential (RM 2400) Vacant 21st Ave SW /Apartments West Professional Office (PO) Medical office Site - Specific Requests #8 -13 are located in the same vicinity and will be reviewed as a package (Exhibit L). H. Site - Specific Request #8 – Johnson Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 104838 -UP 322104 -9086 Mark Johnson 1424 S 372nd St North and west of Milton Rd S (Exhibit M) 0.44 acres Single family dwelling unit Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 7.2, one unit per 7,200 square feet) Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 7 of 21 2. Reason for the Request The applicant states that here is a need for more single family housing in the city. 3. Staff Comments Refer to Section N, page 12 of this staff report. 4. Surrounding Zoning & Land Use (Exhibit N) I. Site - Specific Request #9 — Neether Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105015 -UP 322104 -9157 and 322104 -9045 Larry Neether 37222 Milton Rd S and 1301 S 272nd St East of Milton Rd S (Exhibit 0) 2.66 acres Single family dwelling units (2) Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Neighborhood Business Neighborhood Business (BN) 2. Reason for the Request The applicant states that the parcels are adjacent to I -5 and there is a lot of noise from the freeway; therefore, commercial development is more appropriate for this area. 3. Staff Comments Refer to Section N, page 12 of this staff report. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 8 of 21 Zoning Land Use North RS 35.0 (one unit per 35,000 square feet) Single family South RS 35.0 (one unit per 35,000 square feet) Single family East RS 35.0 (one unit per 35,000 square feet) Vacant West RS 35.0 (one unit per 35,000 square feet) Single family I. Site - Specific Request #9 — Neether Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105015 -UP 322104 -9157 and 322104 -9045 Larry Neether 37222 Milton Rd S and 1301 S 272nd St East of Milton Rd S (Exhibit 0) 2.66 acres Single family dwelling units (2) Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Neighborhood Business Neighborhood Business (BN) 2. Reason for the Request The applicant states that the parcels are adjacent to I -5 and there is a lot of noise from the freeway; therefore, commercial development is more appropriate for this area. 3. Staff Comments Refer to Section N, page 12 of this staff report. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 8 of 21 4. Surrounding Zoning & Land Use (Exhibit P) J. Site - Specific Request #10 — Otteson Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105016 -UP 322104 -9002 and 322104 -9076 Pam Otteson 1408 S 372nd St North and west of Milton Rd S, south of I -5 (Exhibit Q) 4.18 acres Single family dwelling unit and vacant land Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 7.2, one unit per 7,200 square feet) 2. Reason for the Request The applicant states that they no longer have horses, so there is no need for pasture and Federal Way needs more housing. 3. Staff Comments Refer to Section N, page 12 of this staff report. 4. Surrounding Zoning & Land Use (Exhibit R) Zoning Land Use North RS 35.0 (one unit per 35,000 square feet) Milton Rd and I -5 South RS 35.0 (one unit per 35,000 square feet) Single family and Vacant East RS 35.0 (one unit per 35,000 square feet) Single family West RS 35.0 (one unit per 35,000 square feet) Milton Rd and I -5 J. Site - Specific Request #10 — Otteson Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105016 -UP 322104 -9002 and 322104 -9076 Pam Otteson 1408 S 372nd St North and west of Milton Rd S, south of I -5 (Exhibit Q) 4.18 acres Single family dwelling unit and vacant land Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 7.2, one unit per 7,200 square feet) 2. Reason for the Request The applicant states that they no longer have horses, so there is no need for pasture and Federal Way needs more housing. 3. Staff Comments Refer to Section N, page 12 of this staff report. 4. Surrounding Zoning & Land Use (Exhibit R) Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments Meeting Date: July 10, 2017 Page 9 of 21 Zoning Land Use North None I -5 South RS 35.0 (one unit per 35,000 square feet) S 372nd St and Single family East RS 35.0 (one unit per 35,000 square feet) Milton Rd S & Single family West RS 35.0 (one unit per 35,000 square feet) Single family Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments Meeting Date: July 10, 2017 Page 9 of 21 K. Site - Specific Request #11 — Beard Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105019 -UP 322104 -9114, 322104 -9053 and 322194 -9129 Rick Beard 1311 S 272nd St, 1311 S 272nd St, and 1321 S 372nd St South of Milton Rd S (Exhibit S) 4.52 acres Single family dwelling units (3) Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 7.2, one unit per 7,200 square feet) 2. Reason for the Request The applicant states that the reason for the request is to make the parcels more appealing to a developer for a subdivision. 3. Staff Comments Refer to Section N, page 12 of this staff report. 4. Surrounding Zoning & Land Use (Exhibit T) L. Site - Specific Request #12 — Ellingson Summary File Number: Parcel No.: Applicant: Address: Location: Size: 16- 105020 -UP 322104 -9036, 322104 -9138, 322104 -9136, and 322104 -9050 Arnold Ellingson 1110 S 376`h St and 1224 S 376`h St East of Milton Rd S and north of S 376th St (Exhibit U) 13.38 acres Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 10 of 21 Zoning Land Use North RS 35.0 (one unit per 35,000 square feet) S 372nd St and Single family South RS 35.0 (one unit per 35,000 square feet) Single family East RS 35.0 (one unit per 35,000 square feet) Single family West RS 35.0 (one unit per 35,000 square feet) Single family L. Site - Specific Request #12 — Ellingson Summary File Number: Parcel No.: Applicant: Address: Location: Size: 16- 105020 -UP 322104 -9036, 322104 -9138, 322104 -9136, and 322104 -9050 Arnold Ellingson 1110 S 376`h St and 1224 S 376`h St East of Milton Rd S and north of S 376th St (Exhibit U) 13.38 acres Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 10 of 21 Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Single family dwelling units (2) Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 5.0, one unit per 5000 square feet) 2. Reason for the Request The applicant states that the reason for the request is there is a need for more housing in the area. 3. Staff Comments Refer to Section N, page 12 of this staff report. 4. Surrounding Zoning & Land Use (Exhibit V) M. Site - Specific Request #13 — Dararak Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105022 -UP 322104 -9064 Visnou Dararak 1423 S 372nd St South of Milton Rd S (Exhibit W) 2.4 acres Single family dwelling unit Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 7.2, one unit per 7,200 square feet) Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 11 of 21 Zoning Land Use North RS 35.0 (one unit per 35,000 square feet) Single family South Unknown (Milton) Retirement facility and Vacant East RS 35.0 (one unit per 35,000 square feet) Single family West None I -5 M. Site - Specific Request #13 — Dararak Summary File Number: Parcel No.: Applicant: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 16- 105022 -UP 322104 -9064 Visnou Dararak 1423 S 372nd St South of Milton Rd S (Exhibit W) 2.4 acres Single family dwelling unit Single Family Medium Density Residential Single Family (RS 35.0, one unit per 35,000 square feet) Single Family High Density Residential Single Family (RS 7.2, one unit per 7,200 square feet) Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 11 of 21 2. Reason for the Request The applicant states that the reason for the request is to encourage development. 3. Staff Comments Refer to Section N, page 12 of this staff report. 4. Surrounding Zoning & Land Use (Exhibit X) N. STAFF COMMENTS ON REQUESTS #8 -13 This area was annexed to the city in January 2005 (Parkway Annexation) with a pre - annexation comprehensive plan designation of Single Family Medium Density and zoning of RS 35.0 (one unit per 35,000 square feet). At the time of annexation, language in the comprehensive plan stated. "The land use /zoning pattern based on the pre- annexation comprehensive plan and zoning designations would result in urban densities of about four units per net acre or greater, meeting the Growth Management Act (GMA) goals for urban level growth. Select areas have pre- annexation comprehensive plan and zoning designations to accommodate approximately one residential unit per acre on the periphery of the Potential Annexation Area (PAA), due to sensitive areas and infrastructure limitations." The RS 35.0 zoning of approximately one unit per acre was intended to protect the wetlands in this area. In June 2015, pursuant to the periodic major update policies of the GMA, the city updated its environmentally critical area regulations to meet Best Available Science (BAS) requirements. BAS requirements are intended to protect critical areas such as wetlands, by requiring an applicant to submit a critical areas report that adequately evaluates the proposal and probable impacts on a critical area, or its associated buffer and/or setback. Requests #8 -13 pertain to parcels that have a minimum lot size of 35,000 square feet. It may be appropriate to consider these requests further based on BAS requirements and Goal #2 of the GMA to reduce sprawl by the inappropriate conversion of undeveloped land into sprawling low- density development. VI. SELECTION CRITERIA FWRC 19.80.080 contains criteria for selecting amendments for further consideration. A. Criterion #1 — Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 12 of 21 Zoning Land Use North RS 35.0 (one unit per 35,000 square feet) S 372 "a St and Single family South RS 35.0 (one unit per 35,000 square feet) Single family East RS 35.0 (one unit per 35,000 square feet) Single family West RS 35.0 (one unit per 35,000 square feet) Single family N. STAFF COMMENTS ON REQUESTS #8 -13 This area was annexed to the city in January 2005 (Parkway Annexation) with a pre - annexation comprehensive plan designation of Single Family Medium Density and zoning of RS 35.0 (one unit per 35,000 square feet). At the time of annexation, language in the comprehensive plan stated. "The land use /zoning pattern based on the pre- annexation comprehensive plan and zoning designations would result in urban densities of about four units per net acre or greater, meeting the Growth Management Act (GMA) goals for urban level growth. Select areas have pre- annexation comprehensive plan and zoning designations to accommodate approximately one residential unit per acre on the periphery of the Potential Annexation Area (PAA), due to sensitive areas and infrastructure limitations." The RS 35.0 zoning of approximately one unit per acre was intended to protect the wetlands in this area. In June 2015, pursuant to the periodic major update policies of the GMA, the city updated its environmentally critical area regulations to meet Best Available Science (BAS) requirements. BAS requirements are intended to protect critical areas such as wetlands, by requiring an applicant to submit a critical areas report that adequately evaluates the proposal and probable impacts on a critical area, or its associated buffer and/or setback. Requests #8 -13 pertain to parcels that have a minimum lot size of 35,000 square feet. It may be appropriate to consider these requests further based on BAS requirements and Goal #2 of the GMA to reduce sprawl by the inappropriate conversion of undeveloped land into sprawling low- density development. VI. SELECTION CRITERIA FWRC 19.80.080 contains criteria for selecting amendments for further consideration. A. Criterion #1 — Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 12 of 21 Response to Criterion #1 — Request Response Site Specific Request # 2 — Lakota Rezone This request was not studied during the last amendment cycle. Site Specific Request # 3 — Puget Center Property This request was not studied during the last amendment cycle. This subject site was rezoned from Professional Office (PO) to Neighborhood Business (BN) in 2005 by the City Council at the applicant's request. Land uses in the immediate vicinity have not significantly changed during the last five years. The adjacent use to the north is a single - family development, Parkwood Campus, which was constructed after incorporation of the city in 1990. The adjacent use to the east is also single - family. The use to the south across South 312th is a multi- family complex (Greystone Meadows Apartments), and across the street to the west are a 7 -11 convenience store and Papa John's Pizza on the corner, with a single family residential subdivision, Mirror Lake Estates, further to the north. Site - Specific Request #5 — Campbell This request was not studied during the last amendment cycle. Request #6 — Shelter Resources Park and Ride TOD This request was not studied during the last amendment cycle. Request # 7 — Dematteis/ Gabrielson Property This request was not studied during the last amendment cycle. Requests #8 -13 — Johnson, Neether, Otteson, Beard, Ellingson, Dararak These requests were not studied during the last amendment cycle. B. Criterion #2 — The proposed amendment is consistent with the overall vision of the comprehensive plan (FWCP). Response to Criterion #2 — The comprehensive plan must be consistent with the GMA. The goals of the GMA include encouraging development in urban areas where adequate public facilities and services exist, or can be provided in an efficient manner (Goal #1); reducing the inappropriate conversion of undeveloped land into sprawling, low- density development (Goal #2); and encouraging the availability of affordable housing to all economic segments of the population of the state, promoting a variety of residential densities and housing types, and encouraging preservation of existing housing stock (Goal #3). Request Response Site Specific Request # 2 Lakota Rezone The Comprehensive Plan states that "The Professional Office designation is intended to allow for well- designed small -scale office Land Use /Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments Meeting Date: July 10, 2017 Page 13 of 21 Request Response development compatible to adjacent residential neighborhoods" (FWCP, page II -17). This parcel is located on the corner of two major arterials. Changing the designation to BN would be more consistent with the surrounding area and neighborhood character, in particular Dash Point Village to the northeast. This is also an isolated PO property and there are no PO zoning in the block perimeter. Based on the comprehensive plan, `BN areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, and bank) at a pedestrian and neighborhood scale, close to adjacent residential uses. Developments combining residential and commercial uses provide a convenient living environment within these nodes" (FWCP, page 11 -15). Site Specific Request # 3 — Puget Center Property The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing. This corner was designated BN in 2005 to provide for small -scale commercial uses compatible with adjacent residential neighborhoods; however, the site has not developed under the existing BN zoning designation. Changing the designation of these three parcels to single- family would be consistent with the overall vision of the comprehensive plan, which states that "The demand for and development of single - family housing is expected to continue for the foreseeable future. Single- family development will occur as in -fill development of vacant lots scattered throughout existing neighborhoods, and as subdivisions on vacant tracts of land" (FWCP, page II -10). Site Specific Request # 5 — Campbell This parcel has a comprehensive plan designation of Single Family Low Density. The comprehensive plan language states that "This designation is appropriate on or near critical areas, in areas lacking urban level services and infrastructure; and to retain areas that have unique area -wide circumstance" (FWCP, page II -10). Water is provided by the Lakehaven Water and Sewer District; however, the parcel is still on septic. Further study is required to determine if the parcel can be served by sewer. This parcel is not directly constrained by critical areas. A wetland is located to the north and west of this parcel and several streams are located to the west and north. Based on the city's Critical Areas Map, it appears that a portion of the wetland buffer is located on the northwestern portion of the parcel. Any future development on the subject property will require a critical area study to be approved by the city. This must include a wetland classification and buffer determination under the city's current wetland rating system. Request #6 — Shelter Resources Park and Ride TOD According to the comprehensive plan, "The multi - family residential land use designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, aging population, increasing diversity, decline in average family size, and high cost of single - family homes have created heavy demand for new housing types. The Land Use chapter encourages the development of housing types, such as duplexes, Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments Meeting Date: July 10, 2017 Page 14 of 21 Request Response townhouses, senior housing, quality apartment units and condominiums in existing multifamily areas and within mixed -use development in commercial areas " (FWCP, page II -12). The requested RM 1800 zoning is consistent with surrounding uses, as the parcel in question abuts existing multi - family zoning and a Park and Ride transit lot. The site's close proximity to transit further supports the requested zoning, as the comprehensive plan states, "The overarching goal of VISION 2040 related to land use is to focus growth within already urbanized areas to create walkable, compact, and transit- oriented communities that maintain unique local character" (FWCP, page 1I -3). Request # 7 — Dematteis/ Gabrielson Property The Comprehensive Plan states that "The Professional Office designation is intended to allow for well- designed small -scale office development compatible to adjacent residential neighborhoods" (FWCP, page 11 -17). However, as previously stated, there are a very limited number of uses allowed in this zone. The southern parcel (132103 -9002) is adjacent to an RS 7.2 residential neighborhood to the south. There is no RS 5.0 -zoned land in the surrounding area. Changing these two parcels in any manner would leave an isolated approximately 14,000 square feet piece of PO zoned land at the intersection of SW 320th Street and 21s` Avenue SW (parcel 132103- 9036). As stated in the comprehensive plan, "The demand for and development of single - family housing is expected to continue for the foreseeable future. Single - family development will occur as in -fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land" (FWCP, Page II -10). Therefore, modifications to the proposal may make it more viable. Adjustments may include adding the corner piece (parcel 132103 -9036) so as not to leave a small size PO -zoned property, and designating all three parcels RS 7.2 to be more compatible with the zoning to the south. Alternatively, changing only parcel no.132103 -9002 to RS 7.2 should be considered, leaving parcel no. 132103 -9091 as PO. Requests #8 -13— Johnson, Neether, Otteson, Beard, Ellingson, Dararak As discussed in Section V (N), the parcels in question are zoned Single Family (RS 35.0), which requires a minimum lot size of 35,000 square feet. At the time of annexation, the adopted RS 35.0 zoning of approximately one unit per acre was intended to protect the wetlands in this area. In June 2015, pursuant to the periodic major update policies of the GMA, the city updated its environmentally critical area regulations to meet Best Available Science (BAS) requirements. BAS requirements are intended to protect critical areas such as wetlands, by requiring an applicant to submit a critical areas report that adequately evaluates the proposal and probable impacts on a critical area, or its associated buffer and/or setback. Given the now adequate protection of critical areas, such as wetlands, Requests #8 -13 are consistent with Goal #2 of the GMA to reduce sprawl by the inappropriate conversion of undeveloped land into sprawling low- density development. Also, providing for smaller lots available for single - family housing would Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments Meeting Date: July 10, 2017 Page 15 of 21 Request Response be consistent with comprehensive plan policy LUP 8, "Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years." (FWCP, page II -9). The requests are also consistent with Policy HP 15, "As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single - family houses on smaller lots" (FWCP, page V -19). C. Criterion #3 — Whether the proposed amendment meets the existing state and local laws, including the GMA. Response to Criterion #3 — None of the requested amendments would be in conflict with local or state laws if subsequent development of the parcels are in compliance with local and state regulations, including the FWRC, 2016 King County Surface Water Design Manual (KCSWDM), and State Environmental Policy Act (SEPA). D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Response to Criterion #4 — This criterion is not applicable to these requests as they are site - specific requests and not a request for a text amendment. If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: E. Criterion #1 — Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #1 — If the City Council determines that these requests should be analyzed further, they can be incorporated into the 2017 Planning Commission Work Program. F. Criterion #2 — Amount of analysis necessary to reach a recommendation on the request. If a large -scale study is required, a request may have to be delayed until the following year due to workload, staffing levels, etc. Response to Criterion #2 — None of the requests require a large -scale study. G. Criterion #3 — Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 — Thirteen requests were received. Two have since been withdrawn. They can all be accommodated in the update process. Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 16 of 21 H. Criterion #4 — Order of requests received. Response to Criterion #4 — The requests were received in the following order: 1. Pool (withdrawn) 2. Lakota Rezone 3. Puget Center Property 4. Dematteis /Gabrielson Property 5. Cherian (withdrawn) 6. Johnson 7. Shelter Resources Park and Ride TOD 8. Neether 9. Otteson 10. Campbell 11. Beard 12. Ellingson 13. Dararak VII. PUBLIC COMMENTS One public comment was submitted for Site - specific Request #3, Puget Center Property (Exhibit Y) VIII. COUNCIL ACTION Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in Section VII of this staff report, the City Council shall determine which requests shall be further considered for adoption and shall forward those requests to the Planning Commission for its review and recommendation. The council's decision whether to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later council action to add an amendment for consideration. IX. MAYOR'S RECOMMENDATION A. Site - Specific Request #2 — Request from Susie Horan for a comprehensive plan amendment and rezone of parcel no. 122103 -9147 (3.09 acres) located at 31241 SW Dash Point Road from Professional Office (PO) to Neighborhood Business (BN). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. B. Site - Specific Request #3 — Request from Puget Center for a comprehensive plan amendment and rezone of parcels no. 082104 -9074, 082104 -9076, and 082104 -9167 totaling 4.03 acres (no address), located north of S 312th St and east of 1st Ave S from Neighborhood Business (BN) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 17 of 21 Mayor's Recommendation — The Mayor recommends that the request move forward for further review. C. Site - Specific Request #5 — Request from Mike and Kelly Campbell for a comprehensive plan amendment and rezone of parcel no. 322104 -9059 (5.00 acres) located at 610 South 376th Street, from Single Family Low Density Residential (SE, one unit per five acres) to Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. D. Site - Specific Request #6 — Request from Shelter Resources, Inc. for a comprehensive plan amendment and rezone of parcel no. 720480 -0172 (3.45 acres) (no address), located south of South 276th Street and east of Pacific Highway South from Single Family High Density Residential (RS7.2, one unit per 7,200 square feet) to Multi - family (RM 1800, one unit per 1,800 square feet). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. E. Site - Specific Request #7 — Request from Mark Frietas for a comprehensive plan amendment and rezone of parcel no's. 132103 -9002 and 132103 -9091, totaling 2.00 acres located at 2200 SW 320th Street and 32011 21St Avenue SW from Professional Office (PO) to Single Family High Density Residential (RS 5.0, one unit per 5,000 sq. ft.). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. Requests #8 -13 F. Site - Specific Request #8 — Request from Mark Johnson for a comprehensive plan amendment and rezone of parcel no. 322104 -9086 (0.44 acres), located at 1424 South 372 "d Street, from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). G. Site - Specific Request #9 — Request from Larry Neether for a comprehensive plan amendment and rezone of parcel no's. 322104 -9157 and 322104 -9045, totaling 2.66 acres, located at 37222 Milton Road South and 1301 South 272nd Street, from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Neighborhood Business (BN). H. Site - Specific Request #10 — Request from Pam Otteson for a comprehensive plan amendment and rezone of parcel no's. 322104 -9002 and 322104 -9076, totaling 4.18 acres, located at 1408 South 372nd Street, from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). I. Site- Specific Request #11 — Request from Rick Beard for a comprehensive plan amendment and rezone of parcel no's. 322104 -9114, 322104 -9053, and 322194 -9129, totaling 4.52 acres, located at 1311 South 272nd Street, 1311 South 27211d Street, and 1321 South 372 ❑d Street from Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 18 of 21 Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). J. Site - Specific Request #12— Request from Arnold Ellingson for a comprehensive plan amendment and rezone of parcel no's. 322104 -9036, 322104 -9138, 322104 -9136, and 322104 -9050, totaling 13.38.acres, located at 1110 South 376th Street and 1224 South 376`h Street, from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 5.0, one unit per 5,000 square feet). K. Site - Specific Request #13 — Request from Visnou Dararak for a comprehensive plan amendment and rezone of parcel no. 322104 -9064 (2.4 acres), located at 1423 South 372nd Street from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). Mayor's Recommendation — The Mayor recommends that Requests 8 -13 move forward for further review and that other property owners adjacent to these parcels be contacted to see if they would like to be included in the request. X. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the recommendation to the full Council as follows: Site - Specific Request #2 — Lakota Rezone a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member Site - Specific Request #2 — Puget Center Property a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member Land Use /Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments Meeting Date: July 10, 2017 Page 19 of 21 Site - Specific Request #5 — Campbell a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member Site - Specific Request #6 — Shelter Resources Park and Ride TOD a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member Site - Specific Request #7 — Dematteis /Gabrielson Property a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member Land Use /Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments Meeting Date: July 10, 2017 Page 20 of 21 Site - Specific Requests #8 -13 — Johnson, Neether, Otteson, Beard, Ellingson, and Dararak a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member XI. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit 0 Exhibit P Exhibit Q Exhibit R Exhibit S Exhibit T Exhibit U Exhibit V Exhibit W Exhibit X Exhibit Y Composite Map Vicinity Map of Site - Specific Request #2 — Lakota Rezone Aerial Map of Site - Specific Request #2 — Lakota Rezone Vicinity Map of Site - Specific Request #3 — Puget Center Property Aerial Map of Site - Specific Request #3 — Puget Center Property Vicinity Map of Site - Specific Request #5 — Campbell Aerial Photo of Site - Specific Request #5 — Campbell Vicinity Map of Site - Specific Request #6 — Shelter Resources Park and Ride TOD Aerial Photo of Site - Specific Request #6 — Shelter Resources Park and Ride TOD Vicinity Map of Site - Specific Request #7 — Dematteis /Gabrielson Property Aerial Photo of Site - Specific Request #7 — Dematteis / Gabrielson Property Composite Map — Site - specific Requests 8 -13 Vicinity Map of Site - Specific Request #8 — Johnson Aerial Photo of Site - Specific Request #8 — Johnson Vicinity Map of Site - Specific Request #9 — Neether Aerial Photo of Site - Specific Request #9 — Neether Vicinity Map of Site - Specific Request #10 — Otteson Aerial Photo of Site - Specific Request #10 — Otteson Vicinity Map of Site - Specific Request #11 — Beard Aerial Photo of Site - Specific Request #11 — Beard Vicinity Map of Site - Specific Request #12 — Ellingson Aerial Photo of Site - Specific Request #12 — Ellingson Vicinity Map of Site - Specific Request #13 — Dararak Aerial Photo of Site - Specific Request #13 — Dararak Comment letter on Site - Specific Request #3, Puget Center Property K: \Comprehensive Plan \2017 Comprehensive Plan \Selection \Revised 062717 LUTC Staff Report.doc Land Use /Transportation Committee (LUTC) Meeting Date: July 10, 2017 Selection Process — Comprehensive Plan Amendments Page 21 of 21 R:\erike \cd \Projects \SSR Complan\2016\ Maps \Revised_6_14_2017\ssr composite_2017_1.mxd co CO 1:2 42)% 2owl 12 o .c - t = N p L a) V ^^i LL c4 ft E E 44 o o. 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During the majority of the time, the property was zoned PO — professional office. In 2005, the property was rezoned to NB — neighborhood business. The property has been listed for sale for decades. Several sales to developers have been negotiated but were always terminated by the prospective buyer due to the limitations of the current zoning and the resistance of the City to a rezone. Consequently, the owners propose to downzone the permitted use to assist in their efforts to sell the property. On September 30, 2015, we submitted a Master Land Use Application for rezone to Single Family Residential. In June 7, 2016 the City initiated a moratorium and extended it through June 6, 2017, which negatively impacted the Owners' ability to sell the property as the moratorium was on the expansion or creation of multi - family housing. In addition, new Code Amendments proposed in March 2017 to multifamily zoning and development regulations identified by the City (underground parking, maintenance and inspection fees funded by landlord) will further restrict the Owners' ability to sell the property currently zoned NB. As stated in the application, King County is facing a housing crisis, and the Owners feel the best use for this land is residential housing, based on surrounding comprehensive plan designations and zoning as there are single family -zoned properties (RS 7.2 one unit per 7,200 square feet) to the north and east of these parcels. Thank you for your consideration of this Application for Rezone. Margaret Clark From: Len Brannen <LenB @ShelterResourcesInc.com> Sent: Monday, July 10, 2017 4:06 PM To: Margaret Clark Subject: Kim /Chung Property - 5 Acre Proposed RM 1800 Zone Follow Up Flag: FollowUp Flag Status: Flagged Pursuant to your phone message today with regards to property access to the Kim /Chung parcels. We will be forwarding for the City of Federal Way consideration a support letter from King County Councilman Peter Von Reichbauer with regards to this site and solving related property access considerations. At the same time the King County Department of Community and Human Services has met with the sponsor - developers of the proposed affordable TOD housing and recognizes the proposed 130 workforce styled units forwarded by the Multi- Service Center as a viable option for Transit Oriented Development Bond funding. The momentum created by these important stakeholders and the fact that King County by public policy must consider "impacts to affordable housing" when dealing with the disposition of public land (see Tri -party MOU, Item #19) gives us good confidence that a resolution in conjunction with King County regarding access along the existing S. 276`h ROW to the subject 5 acre site will be given positive recommendation. While we realize confirmation of these factors will take some time, we also recognize that pursuant to the rezone process timeline distributed by the City of Federal Way that final decisions on the requested RM 1800 are not forthcoming until October of 2017. We believe in the intervening period the access issue will be resolved. Thanks for your recognition of the above and work on this property. Len Brannen, President Shelter Resources, Inc. 2223 112th Avenue NE, Suite 102 Bellevue, Washington 98004 P: (425) 454 -8205 Ext. 241 Shelter Resources has a new website! Please visit us at http: / /ShelterResourceslnc.com SRI S IrRI RESOURCES, INC. 1 Margaret Clark From: Robin Corak <robinc @mschelps.org> Sent: Monday, July 10, 2017 4:55 PM To: Brian Davis Cc: Tim Johnson; Scott Sproul; Margaret Clark; quinni.tan @kingcounty.gov; Len Brannen; Glenn Amster; Manuela Ginnett Subject: FW: Kim /Chung Property - 5 Acre Proposed RM 1800 Zone Attachments: COUNCIL MEMBER VON REICHBAUER LETTER FOR TOD PROJECT 2017.pdf Mr. Davis, As you are aware, the Multi- Service Center's co- developer, Shelter Resources Inc., has been in discussions with you and /or your staff regarding the Multi- Service Center's proposed affordable workforce housing project adjacent to the 276th Redondo Park and Ride in Federal Way. As you are also aware, there an issue of road access with the property which directly impacts rezoning efforts. We have been talking with Councilmember Pete Von Reichbauer to help us identify methods for a potential resolution of this issue. Councilmember Von Reichbauer and his staff are currently working with the King County Department of Transportation to identify possible resolutions. While we realize implementation of any identified resolution is likely to take time, we are optimistic and confident that this project is viable and a resolution is likely given Councilmember Von Reichbauer's support of this project as well as his support of a rezone. Please see Councilmember Von Reichbauer's letter, attached. Please let me know if you have any questions or need further information. Thank you for your consideration and for the assistance and information you and your staff have provided us with. Sincerely, Robin Corak 1 CEO Multi- Service Center (MSC) 253.835.7678 ext. 101 1 P.O. Box 23699, Federal Way, WA 98093 robinc@mschelps.orgl www.mschelps.org Help. Hope. Change. wRnyfrnw* CINti' Find us on la Facebook 1 King County Pete von Reichbauer Metropolitan King County Council Brian Davis, Dir. of Community Dev. Federal Way City Hall 33325 8'h Avenue South Federal Way, WA 98003 Re: Parcels #720480 -0172 and 720480 -0174 — South of Redondo Park & Ride Dear Brian . Please be advised that the King County Department of Transportation (DOT) is currently in negotiations with the Federal Way School District regarding the Redondo Park & Ride. As a result, they are not in a position to discuss these negotiations with the Multi - Service Center (MSC), nor are they able to enter into any agreements regarding any aspect of the land, including road access on 276th. However, King County does remain supportive of MSC's goal of developing an affordable housing project on the Kim property, and I am supportive of the rezone of this property to allow for such use. It is expected that any development proposal will be required to provide access in accordance . ith applicable standards. ith best wi . he Pete von Reichbauer King County Councilmember 10 July 2017 Cc: Tim Johnson Scott Sproul Margaret Clark Quinnie Tan King County Courthouse, 516 Third Avenue Room 1200, Seattle, WA 98104 Tel 206 - 477 -1007 Toll -free 1- 800 - 325 -6165 ext 7 -1007 TTY /TDD 206 -296 -1024 Fax 206 -296 -0323 pete .vonreichbauer @kingcounty.gov www.kingcounty.gov /vonreichbauer July 11th, 2017 TO: Feder I Way City Councii FROM: Leroy Thome SUBJECT: Rezone File #15-104940-UP, Lalota Rezone The subject property has been on the market for over 6 years, The current zoning has been a stumbling block and has caused three different offers to fail. A developer will make an offer and then once they realize what the development costs are and that the rate of return is not worth the cost to develop they withdraw the offer. With a change in the zoning the property would be able to give a better rate of return to a developer and thus make the property more desirable. Thank you for your time. Leroy Thome July 11, 2017 To the Federal Way City Council: I understand that the Council will be taking up the rezoning request # 1221039147, the parcel on Dash Point Road and 312th, next week. I would like to restate the reason for the rezone request. As owner of Sacajawea Healthcare For Pets, I had acquired this property many years ago with the hope of building a new veterinary hospital facility. Although we obtained a building permit, costs became prohibitive. Over the past 10 years we have attempted to sell the property, but the cost of improvements required by the city makes it difficult for anyone to afford a professional office project on the property. Rezoning may provide more opportunities to sell our property as a general business site, and the city will benefit by the development of the property. Please consider the requested rezoning. Thanks, Lee R. Harris, DVM