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2018-04-17 Council PKT - RegularThe 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. CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall April 17, 2018 – 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE – Federal Way Boy Scout Troop #301 3. PRESENTATIONS a. Police Department Swearing In Ceremony b. Federal Way Girl Scout Troop #41688 – Lending Libraries Project – Parks & Facilities Manager Jason Gerwen c. Certificates of Appointment to North Lake Management District Advisory Committee d. Certificate of Appointment to Parks and Recreation Commission e. Independent Salary Commission Report – City Attorney Ryan Call f. Sound Transit Tacoma Dome Link Extension & Briefing – Public Works Deputy Director EJ Walsh g. Mayor’s Emerging Issues and Report  Spring Neighborhood Connection Meeting – Thursday, April 26 at 6:00 p.m.- Twin Lakes Elementary School  Centerstage Contract Update – Parks Director John Hutton  Parks Appreciation Day – April 21 at 9:00 a.m. Celebration Park – Parks Director John Hutton  Federal Way Youth Action Team (FWYAT) Community Clean -Up – Saturday April 28 at 9:30 a.m. – former Sears parking lot – Councilmember Johnson 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. 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. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Co mmittee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 3, 2018 Regular and Special Meeting Minutes …page 20 b. Demolition of Structures at 36818 8th Ave S – Project Acceptance …page 27 c. Authorization to Apply for WWRP Grant Funding …page 29 d. Memorandum of Understanding for a Surface Water Easement and Funding for the S 336th St Water Quality Facility at Highway 99 …page 34 e. Marine Hills Stormwater Conveyance System Repair Phase II – Project Acceptance …page 44 f. King County Historic Preservation ILA …page 46 g. City Center Street Light Banners – Bid Award …page 54 6. COUNCIL BUSINESS a. 21st Ave S Pedestrian Connection (S 314th St to S 316th St "Downtown Staircase") …page 57 7. COUNCIL REPORTS 8. ADJOURNMENT - — ----------------- - -- - – ------------------------------------------------........... . . . . . .. ,IF )RAK 'IVA Al -Vi *93 MR -11% I N14 V-4 . ..... .. ...... .. ..... .. .................................... ........... ............ ...... . ............. ....... ...... .................................... ......................................... ............. . . .................. ....... ..... .. ... .. . . CITY OF Federal Way WN, ZA CERTIFICATE OF RECOGNITION we Presented to: IYF McCann Girl Scout Troop #41688 2*In 46#4 recognition of their time, effort and dedication in providing Town Square Park, Celebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands Neighborhood Park VAW with their very own Little Lending Libraries"'. A 1W On behalf of the Mayor and City Council, dated this 17th day of April, 2018. 44% *W0, UAW ZMayor WA Jim Ferrell, Jim Ferrell, Mayor Susan Honda, Deputy Mayor "'Councilm V. Tra Ly Aswfa-Daion, ember ess E. ohn.- n, Councilmember Hoang V n, Councilmernher At" OVA i Mark KoViang, Councilmer er Martin Moo"re, Councilmember Dini Duclos, Councilmember .......... ... .... ............ ......... . ....... ............. ......... . ... ............ . . . ............ ...... .. WOU BMW WAV AE V MIX tow I U .......... -0111 ;fft1W,0*# Mj' UM* M, IA 10 UILA I! % ....... ... ...... . ..... .................... ......... ...................... - ............. ...... . .... .. ... . . ... ........................ . . .......................... ... ..................... VAN ........... .. CITY OF Federal Way CERTIFICATE OF RECOGNITION Presented to: Hanna Banks Girl Scout Troop #41688 f 44A *40 In recognition of their time, effort and dedication in providing Town Square Park, Celebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands Neighborhood Park PIN' with their very own "Little Lending Libraries"'. WOW On behalf of the Mayor and City Council, dated this 17th day of April, 2018. V41111 F Jim Ferrell, Mayor Susan Honda, Deputy Mayor Lyc 0i Assc4a-D n, Councilmember Jele E. Johnson, Councilmember Hoang Wfnn, Councilmember Mark Koowng, Councilm ber Martin Moore, Councilmember Dini Duclos, Councilmember V .......... .... ......... .......... .......................... .................. ..... ....... I 1 -11 1111 1 1� I I 1� I I I I I 1 1. 1 j F1 I I I 11111111 11 1 111 1114 1 .1 1 1� Q11 • I - ;4a�4� t .4 A A • • W14'Or X. . ..... . ..... ... ..... . . . ........... -A -A WA;jr jA k;g 'A;g k4( �A�4(fi4( i%141%k"A; WA WA29W A t "M 14 �7hlkt F�j Ri j 'Wn !A %A ... ....... .......... ....... .......................... ........ I I I I I . .14 1111 . I ...................... ........ ............... I . .. . . .. . . .. . . . . . . . . . . . . . . ............. ZAI CITY OF Federal Way MAI WIWI NiI CERTIFICATE OF RECOGNITION 14 WIA TWO Presented to: q IA A rsa Cleveland #W W.x Scout Troop #41688 V;0 In recognition of their time, effort and dedication in providing Town Square Park, Celebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands Neighborhood Park CAW 4 with their very own Little Lending Libraries". WAW On behalf of the Mayor and City Council, dated this 17th day of April, 2018. 4, Jim Ferrell, Mayor 1A Susan Honda, Depu,y Mayor M%16'4 AI Lyd)t Assefa-Da n,—Councilmember jesso-14ohnson, COUncilmember Hoang Tran, Councilmember Mark KoK4ang, Councilmend5er Martin Moore, Councilmember Dini Duclos, Councilmember ................. .. ...... . ............ -,- .............................. ............ ....... . --------- ................ ..... . ........... .. . ....... ' NIN W& W4 OWN* AWRIf ,t + rN I R HE: .. . ..... . ..... ... ..... . . ......... ................... ...... .. . ....................... .. . . ...... . ... .............. ...... . ...................... ..................................... . ......... ..... ...... .................... CITY OF F ederal Way YCO t'. X VV56: ftc.'�W! CERTIFICATE OF RECOGNITION -kq,� Presented to: eft:xk.. Mia Ra IMID, Girl Scout Troop 41688 k M -11* In recognition of their time, effort and dedication in providing Town Square ParkCelebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands NeighborhoodPark Ilk O WW MA, with their very own Little Lending Libraries"'. 7. V NOW.", On behalf of the Mayor and City Council, dated this 17th day of April, 2018. —?J'it war, WOW% F�errell, j i in Ferrell, Mayor Susan Honda, Deputy Mayor T1 JK L y A di ssefa-Dar6son, Councilmember jesdE. Johnson, Councilmember Hoang V. Tran, Clouncilme-mber UAW OK A Mark■Ang, KoCouncilmeMber Martin Moore, Councilmember Dini Duclos, Councilmember VIVO ......... .. .. . ...... ........... ... ... ........ .. .... . ... ........... .... .. .. .. .. ........ .. .... ......... ............. .. . ....... ....... .... .. ....... ......... .. .... .. f., NO 1� 4 X V! 30 x %—U- ®r W ? 4" Y�� 41 110.oii 4-101—ti�1 �04 I k %ffil I V .... . ............... 'A WA;d NX AW 4 14. f 9; A(WOW, 4 0. no, 1, .-A .tib ..�. w . of :�i� .�. .wi�►.ii�i .. ........ . . .. ..................... ..... .... ......... ............................. ....... .. ...... ... ..... ... ....... .................. .... .... .. .. . . . ... ............... .. . . . CITY OF Federal Way CERTIFICATE OF RECOGNITION IX I Presented to: W4 Lexi Schwarz A. A Girl Scout Troop #41688 g 4 In recognition of their time, effort and dedication in providing Town Square Park, Celebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands Neighborhood Park WAN with their very own "'Little Lending Libraries". WrAll On behalf of the Mayor and City Council, dated this 17th day of April, 2018. r %* - N m Ferrell, Mayor Susan Honda, Deputy Mayor J- A A 1,16a Assefa- son, Councilmember Jessfi. Johnson, Councilmernber Hoang V. Tran, Councilmernber 1#04 Mark K4rang, CounctrMernber Martin Moore, Councilmember Dini Duclos, Councilmember . ........... ............... .. . . .. .. ........ ........... ....... .............. ...... .......... .............. ............ .......... ..... ..... ...... ..... .............. ...... ... VIA NN WX *-Wkg ? - .A A 4P N . ............. ..... . . . .. . .. . ........................ . ......... . . ... . ...... ............... .................. WA V14111 z W&f h-OL. 97,Rme. . ui -n ... . ... .. ...... .......... .......... ............. ... ... . ... .. ...... .... ................. ......... ... . . . .................. ..................... ....................................... .................... ................ ...... . . .. .... ..... .............. Wd CITY OF k* ly, Fral Way ede M., CERTIFICATE OF RECOGNITION 0114f Presented to: MW OKI: k' Emilie Haedt Girl Scout Troop #41688 In recognition of their time, effort and dedication in providing Town Square Park, Celebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands Neighborhood Park with their very own "Little Lending Libraries". tiC UAW, On behalf of the Mayor and City Council, dated this 17th day ofApril, 2018. all Jim Ferrell, Mayor Susan Honda, Deputy Mayor WW ia A sefa wson, Councilmember je se E. Johnson ouncilmember Ho Tran, Councilmember L Mark KopA, Councihnenll�er Martin Moore, Councilmember Dini Duclos, Councilmember ii ............... ..... ..... .. .. .. . .... .41 ............................. ................. ... ......... .... .. ................................ . ... . ........ ...... .............. WWI OT, VIA Q F N 'RAL *' HE AV - KIP W Iwo 1W RIM WIA 4% CITY OF Federal Way ;-1 +1VV; CERTIFICATE OF RECOGNITION .Y� 0A, Presented to: x Abby Marshall i Girl S"c"out Troop #41688 OlE' recognition 1 their time, effortand dedication in providing I I /Park,'I / 1Park,, Steel LakePark,I/ 1 I Neighborhood Park and Dash Point• I ► • /I 1/I Park� e with their very 1wn ""Little Lending Libraries"". y �Ta+ On behalf of the Mayor and City Council, dated this 17th day of April, 2018. 41 ■ ' Jim Ferrell, Mayor usan Honda, Deputy Mayor . X X 1 /rMark Koppag-, Councijmemhe�lr Martin i1r1 ■ Alt� 1 • • ' • • • iw! .r '� • . �*. �Y.�Y SUN., jAj "P4 mw Into. 1 91 Ai V P", -x 1 4% --1 _f( 14( "WOR � . * F *1'14 " * I - i 1811 '!N Inv rnx- .L . . i i CITY OF Federal Way CERTIFICATE OF RECOGNITION Presented to: Skye Moser Girl Scout Troop #41688 In recognition of their time, effort and dedication in providing Town Square Park, Celebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands Neighborhood Park with their very own "Little Lending Libraries". On behalf of the Mayor and City Council, dated this 17th day of April, 2018. Jim Ferrell, Mayor Susan Honda, Deputy Mayor LydjAssefa-Dawpi, Councilmember Esse Johnson, Councilmember Hoang V. Tran, Councilmember I Marr Kola g, Councilrj;;�bor Martin Moore, Councilmember Dini Duclos, Councilmember vv 'v1WW rid YAW "4(jg 01 Sm C'421(141% 2 fA grAm ff� ....... . ............. ... ;f WA W 4 ANUAW gtk-A41 VIA- %;f 4M, I WNot F W WAkz'A ..... ............................. .. ..... ....................................... .......................... .......... .. .. .. ... .. .. ................. ..... .. ..... ........ ... . .... ...... ........... ............ .... .......... ... ... .. ....... ..... ... ........ .... . CITY OF **AIL UAW. Federal Way CERTIFICATE OF RECOGNITION Presented to: Halle Banks r Girl Scout Troop #41688 In recognition of their time, effort and dedication in providing Town Square Park, Celebration Park, Steel Lake Park, Madrona Neighborhood Park and Dash Point Highlands Neighborhood Park T* WOW with their very own "'Little Lending Libraries". 01. Qt - On behalf of the Mayor and City Council, dated this 17th day ofApril, 2018. UAW ji-m Ferrell, Mayor Susan Honda, Deputy Mayor 0: Ly i Ass fa -D Son, Councilmember Je E. Johnson, Councilmember Hoang V. Tran, Councilmember Mark Kopilang, Councilrnmf6er Martin Moore, Councilmember Dini Duclos, Councilmember .. ... .... ........ . . ........... ..... . ... ........................................... .......... ....... . .... .... ........... ............... ............. ....... . . ...... ....................... ....... W W -11191V S" 1 14 Z jig =G 1U r:1 ■TlTr. :��ImirefAWmKolmM NmreT.Tci 0,1WWr: Us[aIr. 1■T1Tr. �0-a��i��i7�i:��i� ! [ ZI I: l ■►►►1: � ► • • � • • • w F a • \l.�y \ ►1R • y�• F CITY OF Federal E Certificate of Appointment In accordance with Resolution No. 09-544, Laurence Zimnisky is hereby appointed to serve as a voting member of the Federal Way North Lake Manage;Jim District Advisory Committee for a term to expire March 15, 2020. Z errell, Mayor Susan Honda Deputy Mayor Lydi ssefa-Dam Councilmember Jes . Johnsan, Councilmember Haang V. T a unci/member Mark Kopp ng Councilme ,her Martin Moore, Councilmember Dini Duclos, Councilmember 1 f Dated this 17th day of April, 2018 .:. ...................................... A; A �Allf Q1 X4 I AW �!.i "AW'O( 'A NR E Eli ...... ........... .... ...... .. ......... .... ....... ..... ........ ........ ........ . ............ ..... ................. ......... .. ........... ........... . ... ....... ......... ....... ...... .... . . ....... .. ... .... UAW: CITY OF OAK Federal Way WOW RP R-1 1 Certificate Appointment of ZN�11 i In accordance with Resolution No. 09-544, Lois Kutscha j is hereby appointed to serve as a voting member of the Federal Way North Lake Managem District Advisory Committee for a term to expire March 15, 2020. 04 Ferrell, Mayor Susan Honda. Deputy mayor LyoQa)A55eta-DaW'.An, Councilmember JesleFJohn5on, Councilmember j I -Wb ng OPP el, =A�njoundll MartIn Moore, CoundImember Dini Duclos, Councilmember Dated this 17th day of April, 2018 i►i . . . . . ........................ ........ ............. ........................ . ...... ................. ....... ............ ... ........ IVA W'v'4'Aff LFIN ... . ....... .......... . ... . W ....... I . . .. . ......... . MJ6 + 104 M Of on It0., _ 010 LP M, �T*0 UAW 0 L+ dr Own VA V. IMS I-2 M.M."'foam &.1".11 RUN I C w - , rMANINNINN11 CITY OF Fe deral Way Certificate Appointment of In accordance with Resolution No. 09-544, KA s Mary is hereby appointed to serve as a voting member of the Federal Way North Lake istri Managemen Di ict Advisory Committee for a term to expire March 15, 2020. M rre Mayor ■ Deputy 5U yor .. r.� r - 4 1, Martin Moore, CounclImember Dini Duclos,• - ■- V-4, ■ Dated this 17th day of April, 2018 �M �� GO Eel, tida. �. . may.] E2 'Avoovb ------------ I re at, H N IMEN, CITY OF Federal Way Certificate of Appointment In accordance with Federal Way Revised Code 2.85, •.�►!t Dawn Coggins hereby appointed to serve as a voting member of the Federal Way .,Ris Parks ��Recreation Commission for a term to expire April 30, 2021. �e Mayor Susan Ho,�P Deputy Mayor �. AA L -i- Da wsan,�ou-ndlmember r r: Johnson, Councilmember � NOW WM _ Mark q, Councilmen7ber ��. •rte MartIn Moore,.- ■- . Dated this 17th day of • 1 M t 1i w ViFHVI MR. A NX .' VA.V.ENV N 'q �;TXV.. 4MV.. 00 'V NNOUN. toOwl k4w 2W.' vp litrl" .6 1 COUNCIL MEETING DATE: April 17, 2018 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 April 3, 2018 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent n Ordinance ❑ City Council Business ❑ Resolution Public Hearing Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: DEPT: Mayor's Office Draft minutes for the April 3, 2018 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 CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date Initial/Date 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 OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2016 RESOLUTION # Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall April 3, 2018 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:32 p.m. City officials in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney 2. COMMITTEE INTERVIEWS The City Council interviewed four (4) applicants for North Lake Management District Advisory Committee and one (1) applicant for the Parks and Recreation Commission. a. North Lake Management District Advisory Committee b. Parks and Recreation Commission 3. ADJOURNMENT There being nothing further on the agenda; Deputy Mayor Honda adjourned the Special Meeting at 6:17 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 April 3, 2018 Y Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall April 3, 2018 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:03 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, 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. 3. PRESENTATIONS a. Proclamation: Sexual Assault Awareness Month — April 2018 Mayor Ferrell read and presented the Proclamation to Matty Nelson with the King County Sexual Assault Resource Center (KCSARC). Ms. Nelson thanked the Mayor and Council for this acknowledgement. It is important to recognize this is a community issue and encourage reporting and become aware of the behaviors that feed into this problem. She also thanked the Council for continuing to support KSCARC and human services funding. b. Progress Report from Violence Prevention Coalition Steering Committee (VPCSC) Co -Chair Doug Baxter briefed Council on accomplishments and successes the Committee has achieved and will continue to work on. Mr. Baxter noted the goal was to be a liaison with the community to formulate ideas that are then forwarded to Council. He is pleased there has been marked progress on each of the recommendations. c. Financial Presentation — Capital Funds vs Operating Funds Finance Director Ade Ariwoola briefed Council on the difference between capital funds and operating funds. He noted city government is a combination of many smaller Federal Way City Council Regular Minutes Page 1 of 5 April 3, 2018 "companies" with different products, regulations and revenue sources which unlike a school district, fire department or utility district, who generally provide a specific service. The city cannot use funds for capital projects to fund police officers or park maintenance. He reviewed the distribution of property taxes collected, with the school district taking the largest portion of tax revenue. Federal Way falls 29th out of 37 cities in King County for per capita general fund tax revenue. Mr. Ariwoola provided examples of different funding "buckets" such as Real Estate Excise Tax (REET); Surface Water Management (SWM); Prop 1; and Property Tax He provided similar examples of expenses including Police; Surface Water Management, Street Construction; and Parks Maintenance. He clarified the following restrictions: • REET can only be used for construction only. • Surface Water Management funds are dedicated to surface water customers for the benefit of surface water service. • Prop 1 funds are dedicated to Police, Court, Parks Maintenance, Code Enforcement, and Law. • Property Tax can be used for most government services. He further explained due to the different funding sources and restrictions, the city may have excess cash and at the same time, be unable to fund or provide other services. The city needs to use city funds in the most prudent and efficient way. Councilmembers thanked Mr. Ariwoola for the presentation and clear explanation of revenue and expenses as related in the city budget. They asked clarifying questions regarding the utility tax rebate program and what citizens can do at the state level for tax relief. d. Mayor's Emerging Issues and Report • 2019/20 Budget Calendar: Mayor Ferrell noted the budget meetings for the 2019/2020 budget have been scheduled. The list of meeting dates and times have been printed and are available and posted on the city website. Citizen comments are welcome at all public meetings. • Report on Highline Forum at City Hall: Mayor Ferrell reported the meeting held at City Hall on March 28 was very well attended by regional leaders discussing airport issues. He noted the city is taking a leadership role in this forum; the meeting was recorded and has been posted on the city's YouTube Channel. • Town Hall Meeting at City Hall Recap: Mayor Ferrell reported Congressman Adam Smith held a town hall meeting at City Hall on March 28 which was very well attended. • Spring Neighborhood Connection Meeting: Mayor Ferrell announced the city will be hosting a Neighborhood Connection Meeting on April 26 at Twin Lakes Elementary 6:00 p.m. Citizens are invited to attend this town hall style meeting with updates from the major departments. • Parks Appreciation Day: Mayor Ferrell reported Parks Appreciation Day at Celebration Park begins at 9:00 a.m. on Saturday, April 21. Federal Way City Council Regular Minutes Page 2 of 5 April 3, 2018 4. CITIZEN COMMENT Robert Saagim expressed concern that the City of Federal Way has too many benefits drawing homeless individuals to our area. He is concerned for his and his family's safety. Robert Morrison requested an extension to a portion of sidewalk on S 317th Street as well as brighter streetlights. Dana Hollaway reviewed the 2017/2018 Biennial Budget and pointed out that expected revenue was reported for Transportation Benefit District (TBD). She reminded them that the TBD did not pass and therefore the city is not receiving that money. Skyler "SkyMan" Nichols asked Federal Way to have more compassion for homeless individuals reminding them that they are people who should be treated with kindness and respect. Nick Wilson asked City Council about the safety of pedestrians on a portion of 21st Avenue S. He feels there should be a sidewalk or roundabouts to help the situation. Garrett Frank spoke specifically regarding homeless veterans; he believes they should home to come back to. Dawn Coggins talk about the lack of communication between local government and citizens which results in speculation and rumors. She requested social media updates regarding the happenings in the city. Dennis "Lamont" Styles announced a Talent Show which will take place at the Knutson Theater on April 14 beginning at 6:30 p.m. He is interested in outreach for positive interactions between the youth and local government. Mark Greene shared some of his history and indicated that he is committed to our nation. Steve Smith announced the annual Salmon Bake to be hosted by the Federal Way Noon Kiwanis. This will take place on July 27 at the Steel Lake Park. 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: March 20, 2018 Regular and Special Meeting Minutes b. Monthly Financial Report — January and February 2018 c. Vouchers — February 2018 d. Oce TDS750 Large Format Plotter — Maintenance Amendment DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH D ON THE CONSENT AGENDA; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 3 of 5 April 3, 2018 6. COUNCIL BUSINESS a. Confirmation of Mayor's Appointment of Public Works Director Mayor Ferrell was pleased to announce he has selected, without hesitation, Deputy Public Works Director EJ Walsh as the new Public Works Director following the retirement of Marwan Salloum. He highlighted Mr. Walsh's background and the complex projects he has completed for the city including completing the Performing Arts and Event Center project on time and on budget. Mr. Walsh is also instrumental in dealing with Sound Transit projects. Mayor Ferrell also thanked long time Public Works Director Marwan Salloum who currently plans on retiring in September. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE APPOINTMENT OF EJ WALSH AS THE NEXT PUBLIC WORKS DIRECTOR UPON THE RETIREMENT OF MARWAN SALLOUM; COUNCILMEMBER MOORE SECOND. Councilmembers collectively thanked both Marwan Salloum for his years of service to the city and congratulated Mr. Walsh for the appointment. Mr. Walsh thanked the Mayor and the Council for the appointment. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. North Lake Management District Advisory Committee Appointments COUNCILMEMBER KOPPANG MOVED TO REAPPOINT LAURENCE ZIMNISKY SR., LOIS KUTCHA, TERRANCE THOMAS II, AND MARY MCCLELLAN ARONEN AS VOTING MEMBERS OF THE NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE WITH TERMS EXPIRING MARCH 15, 2020; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Parks Commission Appointments COUNCILMEMBER JOHNSON MOVED TO REAPPOINT DAWN COGGINS AS A VOTING MEMBER OF THE PARKS COMMISSION WITH A TERM EXPIRING APRIL 30, 2021; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 4 of 5 April 3, 2018 7. COUNCIL REPORTS Councilmember Assefa-Dawson wished Finance Director Ade Ariwoola a happy birthday. She acknowledged our city is growing and that council must be creative to make it a viable city. She thanked the Finance Department and her fellow council members for all the time and hard work put into this issue. Councilmember Johnson thanked Ade and Doug Baxter for their informative presentations. He also announced the Youth Talent Show which will take place on April 14 at 6:30 p.m. Councilmember Tran had no report. Councilmember Koppang shared the approach he has advised the Land Use and Transportation Committee (LUTC) to take which is balancing the needs of the city; to weigh essentials against non -essentials. He reminded council of how important it is to communicate and is committed to doing a better job. Councilmember Moore thanked Doug Baxter for all his work in the community. He met with the Safeway manager and reported that they are pleased with the ongoing collaboration with the Police Department. He thanked the Finance Department staff for answering his questions and concerns. Councilmember Duclos shared that building a budget is not easy. This budget has been reviewed many times to identify costs that could be cut. She reminded individuals that cutting too much means levels of service will go down. She loves this city and wants to keep it safe while providing the services they need. Deputy Mayor Honda thanked Pastor Rick and his family for providing shelter this winter. She attended the McDonalds ribbon cutting in the Crossings and shared excitement about their remodel and updated services. The Park and Recreation Brochure was mailed to city residents and she encouraged looking for an activity as there is something for everyone. 8. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:24 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 5 of 5 April 3, 2018 COUNCIL MEETING DATE: April 17, 2018 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:DEMOLITION OF STRUCTURES AT 36818 8Ttt AVE S—PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the Demolition of Structures at 36818 8th Ave S Project completed by Woodland Industries General Contracting, Inc. as complete? COMMITTEE: Land Use and Transportation MEETING DATE: April 2,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: TonyDoucette,.._P.E., SWM Project Engmeer'�SiDEPT: Public Works............................................................................................................................................................................................................... ...................................................................................................................... Attachments: Memorandum to Land Use and Transportation Committee dated April 2, 2018. Options Considered: 1. Authorize project acceptance of the Demolition of Structures at 36818 8th Ave S Project completed by Woodland Industries General Contracting, Inc. in the amount of$31,847.78 as complete. 2. Do not authorize project acceptance of the Demolition of Structures at 36818 8th Ave S Project completed by Woodland Industries General Contracting,Inc. as complete and provide direction to staff. ................................................... MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the April 17,2018 Council Consent Agenda for appr. .1. MAYOR APPROVAL: 4`, 3 •7 3 DIRECTOR APPROVAL: "JAN,VV,p /o% Co• ittee Cou I " nnial/Date Initial/Date *nti /Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 17, 2018 City Council Consent Agenda for approval. • Mark Kopp• t',CommitteeC it J" ;f ohnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to approve project acceptance of the Demolition of Structures at 36818 8th Ave S Project completed by Woodland Industries General Contracting, Inc., in the amount of $31,847.78 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: April 2, 2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Public Works Director Tony Doucette, P.E., SWM Project Engineer IT) SUBJECT: Demolition of Structures at 36818 8th Ave S—Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project,the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The Demolition of Structures at 36818 8th Ave S project contract with Woodland Industries General Contracting, Inc., is complete. The final construction contract amount is $31,847.78. This is $21,502.22 below the $53,350.00(including contingency)budget that was approved by the City Council on September 5,2017. cc: Project File COUNCIL MEETING DATE: April 17, 2018 ITEM#: 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION:AUTHORIZATION TO APPLY FOR WWRP GRANT FUNDING POLICY QUESTION: Should the City Council authorize staff to apply for the 2018 cycle of Washington Wildlife Recreation Program grants? COMMITTEE: Land Use and Transportation MEETING DATE: April 2,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business 0 Resolution ❑ Other STAFF REPORT BY: Tony Doucette,P.E., SWM ProjectEngineer En ineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 2, 2018. Resolution to Authorize the Mayor to submit application Options Considered: 1. Authorize staff to apply for the 2018 cycle of Washington Wildlife Recreation Program grants and approve the attached resolution of authorization to submit the grant. 2. Do not authorize staff to apply for the 2018 cycle of Washington Wildlife Recreation Program grants and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 17, 2018 Council Consent Agenda for appr val. MAYOR APPROVAL: DIRECTOR APPROVAL: j�271 tb Co eeou ci Initial/Date Initial ate Initial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 17, 2018 Council Consent Agenda for approval. ,/ //' Mark Kop g,Committee Cit esse Johnson,Committee Member Hoang Tr. ;Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the application for the 2018 cycle of Washington Wildlife Recreation Program grants and approve the attached resolution of authorization to submit the grant." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: April 2,2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum, P.E.,Public Works Director Tony Doucette,P.E., SWM Project Engineer SUBJECT: Authorization to Apply for WWRP Grant Funding BACKGROUND: The Washington Wildlife Recreation Program(WWRP)provides funding for a broad range of land protection and outdoor recreation. WWRP was envisioned as a way for the state to acquire valuable recreation and habitat lands before they were lost to other uses and to develop recreation areas for a growing population. Grants are available in 12 different categories and applications for funding are accepted on even years from local agencies, state agencies, special purpose districts,and nonprofits. Surface Water Management(SWM) staff are requesting authorization to submit an application for funding in the 2018 application cycle to use for East Hylebos Watershed conservation property acquisition. Two of the 12 categories evaluated for funding are Urban Wildlife Habitat and Riparian Projection and eligible projects within both categories include land acquisition. The East Hylebos Watershed conservation project fits within both categories and neither category has a maximum grant amount associated with land acquisition. Local agencies are required to provide a 50 percent match to any funding award and matching funds may include state and local grants, appropriations or cash and donations. In the City's case, $2 million of matching funds are available from the City's$1 million award from FY 2018 Conservation Futures Tax Levy(CFT)funds and from SWM's $1 million capital improvement project for East Hylebos Watershed conservation property acquisition. Applications for the 2018 cycle are due May 1,2018 and Forterra,the City's consultant for the project,will assist drafting the application. The application process includes a requirement that organizations submit an applicant resolution/authorization form that shows the application is supported by elected officials. Encl: Applicant Resolution/Authorization Form cc: Project File Recreation and Conservation Office Applicant Resolution/Authorization Organization Name(sponsor): City of Federal Way Resolution No. (if applicable): Project(s)Number(s),and Name(s): East Hylebos Watershed Conservation Property Acquisitions This resolution/authorization authorizes the person identified below(in section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation Office(Office). WHEREAS,state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW,THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Mayor Jim Ferrell is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to,full authority to:(1)approve submittal of a grant application to the Office, (2)enter into a project agreement(s) on behalf of our organization, (3)sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s),and (5)designate a project contact(s)to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: https://rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor)and a waiver of sovereign immunity(applicable to Tribes)and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. 4. Our organization acknowledges and warrants,after conferring with its legal counsel,that its authorized representative/agent has full legal authority to enter into a project agreement(s)on its behalf,that includes indemnification,waiver of sovereign immunity(as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to,the grant program and source of funding in the project agreement,the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s),the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification,the waiver of sovereign immunity,and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s),confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s)with any such revisions,all terms and conditions of the executed project agreement(including but not limited to the indemnification,the waiver of sovereign immunity,and the legal venue stipulation)shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants,after conferring with its legal counsel,that no additional legal authorization beyond this authorization is required to make the indemnification,the waiver of sovereign immunity(as may apply to Tribes),and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. (Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant,we understand our organization must certify the availability of match at least one month before funding approval.In addition,our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 11. Our organization acknowledges that if it receives grant funds managed by the Office,the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them.The Office may also determine an amount of retainage and hold that amount until the Project is complete. 12. [Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office.We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions,or an"Assignment of Rights"for other than fee acquisitions(which documents will be based upon the Office's standard versions of those documents),to be recorded on the title of the property with the county auditor. 13. [Acquisition Projects Only] Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy,the project agreement, or authorized in writing by the Office Director. 14. [Development, Renovation, Enhancement,and Restoration Projects Only—If your organization owns the property!Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced,or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or Office in writing and per the project agreement or an amendment thereto. 15. [Development, Renovation, Enhancement, and Restoration Projects Only—If your organization DOES NOT own the property!Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the project agreement or an amendment thereto. 16. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas,State Lands Restoration and Enhancement, Riparian Protection,or Urban Wildlife Habitat grant categories;or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following:the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 17. This resolution/authorization is deemed to be part of the formal grant application to the Office. 18. Our organization warrants and certifies,after conferring with its legal counsel,that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties,certifications, promises and obligations set forth herein. [Native American Tribes,Local Governments, and Nonprofit Organizations Only]This application authorization was adopted by our organization during the meeting held: Location Date [All Applicants] Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): Signed Title Date Washington State Attorney General's Office Approved as to form + ems 1/19/18 Assistant Attorney General Date You may reproduce the above language in your own format;text however may not change. COUNCIL MEETING DATE: April 17, 2018 ITEM#: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:MEMORANDUM OF UNDERSTANDING FOR A SURFACE WATER EASEMENT AND FUNDING FOR THE S 336TH ST WATER QUALITY FACILITY AT HIGHWAY 99. POLICY QUESTION: Should the City Council authorize the Mayor to enter into a Memorandum of Understanding(MOU) for a Surface Water Easement and Funding for the S 336th Street Water Quality Facility at Highway 99? COMMITTEE: Land Use and Transportation MEETING DATE: April 2,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tony Doucette,P.E., SWM Project Engineerib DEPT: Public Works Attachments:s Land Use anis Transportatiop Co mittee memorandum dated April 2,2018. Options Considered: 1. Authorize the Mayor to enter into a MOU for a Surface Water Easement and Funding for the S 336th Street Water Quality Facility at Highway 99. 2. Do not authorize the Mayor to enter into a MOU for a Surface Water Easement and Funding for the S 336th Street Water Quality Facility at Highway 99 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 17,2018 Council Consent Agenda for approval. MAYOR APPROVAL: , s - 99i/jN�� DIRECTOR APPROVAL: 3/t312711fCo tt �,/ee ow i Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 17, 2018 Council Consent Agenda for approval. Mark Kopp ,Committee Ch sse ohnson,Committee Member Hoang Tr ,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to enter into an MOU for a Surface Water 1 Easement and Funding for the S 336th St Water Quality Facility at Highway 99." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: April 2, 2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E.,Public Works Director Tony Doucette,P.E., SWM Project Engineer SUBJECT• Memorandum of Understanding for a Surface Water Easement and Funding for the S 336 St Water Quality Facility at Highway 99 BACKGROUND: The City's 1996 Comprehensive Surface Water Management Plan proposed two capital improvement projects at the northwest corner of S 336th Street and Highway 99,projects SEA-03 and SEA-04,that included a pre-settling basin,re-grading the channel,replacing the inlet structure, and incorporating a low-flow diversion and infiltration trench. The City did not construct projects SEA-03 and SEA-04 and incorporated a revised water quality facility project in the 2014 Surface Water Management(SWM) Capital Improvement Plan(CIP),Project#13,the S 336th Street Water Quality Facility at Highway 99(S 336th St WQ Project). Exhibit A describes the proposed project and the proposed schedule of the S 336th St WQ Project was to acquire property in 2019,design the project in 2020,and construct the project in 2021. City staff began coordinating with the property owner and learned that the Owner desired to expand development on the property and grant the City an easement rather than sell the undeveloped portion of the parcel. The City worked with the property owner and proposed a revised scope of the S 336th St WQ Project, shown in Exhibit B,to meet the project goals and still fit within the available footprint by incorporating an underground water quality facility and storm drain conveyance. In addition to granting the City an easement on the property,the Owner is willing to fund a portion of the design and construction costs. SWM staff are seeking authorization from Council for the Mayor to enter into a Memorandum of Understanding(MOU)with the Owner to negotiate the easement and funding details for the project. Once the MOU has been signed by both parties,the City will begin design and permitting and return to Committee and Council for project updates. End: Memorandum of Understanding Exhibit A—2014 SWM CIP Project#13 Exhibit B—Revised S 336`h St Water Quality Facility at Hwy 99 Project Map cc: Project File MEMORANDUM OF UNDERSTANDING BETWEEN NYH PROPERTIES, LLC AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of 2018 by and between the City of Federal Way ("City"), a Washington municipal corporation, and NYH Properties, LLC, ("Owner"), a Washington limited liability company, collectively referred to as the "Parties." RECITALS WHEREAS, the City's 1996 Comprehensive Surface Water Management Plan proposed two capital improvement projects at the northwest corner of S 336th Street and Pacific Highway South, Projects SEA-03 and SEA-04, that included a presettling basin, re-grading the channel, replacing the inlet structure, and incorporating a low-flow diversion and infiltration trench; and WHEREAS, the City did not construct Projects SEA-03 and SEA-04 from the 1996 Comprehensive Surface Water Management Plan and incorporated a revised water quality facility project in the 2014 Surface Water Management Capital Improvement Plan (SWM CIP), Project#13, the S 336th Street Water Quality Facility at Highway 99; and WHEREAS, the City's 2014 SWM CIP scheduled the S 336th St Water Quality Facility at Highway 99 project to acquire property in 2019, design the project in 2020, and construct the project in 2021; and WHEREAS, the Owner of the parcel at 33333 Pacific Highway South desires to expand development on the property and grant the City an easement rather than sell the undeveloped portion to the City for the scope of the City's S 336th Street Water Quality Facility at Highway 99 project; and WHEREAS, the City revised the S 336th Street Water Quality Facility at Highway 99 project concept to meet the project goals and fit within the available footprint by revising the project scope to incorporate a water quality facility and installing drainage conveyance; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, it is mutually agreed by and between the Parties as follows: 1. Commitment of NYH Properties, LLC. (a) The owner will negotiate with the City a temporary construction easement along the northern and western property border to construct both Schedule 1 and Schedule 2, and negotiate with the City the conditions of a permanent easement large enough to maintain the final constructed footprint of Schedule 1 and Schedule 2. The permanent easement may limit the use of the land within the easement area to parking as the only approved use. (b) The Owner will pay the City for the cost of designing and constructing Schedule 1. The Owner acknowledges that any preliminary estimate is an opinion and that the actual project cost may exceed or be less than the engineer's estimate. The Owner will deposit the anticipated design cost of $10,000, the engineer's preliminary construction estimate of $213,550, and a contingency amount of $22,335, a total of $245,905, with the City after the City Council approves the project and provides authorization to bid but before the City advertises the project for construction. In the event that the lowest responsive, responsible bid for Schedule 1 exceeds the engineer's estimate and contingency, the Owner reserves the right to discontinue with the project. The City may either proceed with the project and pay any costs above the Deposit Amount, or reject all bids and discontinue the project. If the project is discontinued, the City will refund the deposit to the Owner after deducting design costs incurred by the City. (c) In the event that proposed change orders associated with the construction of Schedule 1 cause the total project costs to exceed the Deposit Amount, the Owner has the right to review the proposed change order(s) and discuss options with the City, including discontinuing with the project and paying associated restoration and/or impact costs. If the Owner discontinues with the project during construction, the City may either proceed with the project and pay any cost above the Deposit Amount, or discontinue the project. If the project is discontinued during construction of Schedule 1, the City will refund the deposit to the Owner after deducting construction costs to date and any costs incurred by the City for site restoration. (d) In the event the project is completed and any funds remain from the deposit, remaining funds will be returned to the Owner following completion of Schedule 1. (e) The project schedule will be dependent on regulatory permitting requirements, current work load and will follow the City's standard project delivery process, including presenting to City Council for authorization to bid, authorization to award, and authorization to accept the final work. (f) The City makes no guarantees for future development of the parcel by current or future owner(s). The easement, Schedule 1 storm drain construction and Schedule 2 water quality facility are independent of development on the parcel and the cost of any future development on the parcel, including surface water facilities, shall be at the sole responsibility of the Owner. (g) The project will require a Joint Aquatic Resources Permit Application (JARPA) with Hydraulic Project Approval (HPA) from the Washington Department of Fish and Wildlife (WDFW) and may require a permit from the U.S. Army Corps of Engineers (USACE). WDFW staff have indicated that proposed SWM CIP projects downstream of the Owner's parcel are suitable mitigation for tightlining the stream across the parcel. However, the Owner understands that no official permits have been granted by local, state or federal agencies and that WDFW may change their opinion of suitable mitigation and not grant a permit for the project. The Owner agrees to hold the City harmless if the project is unable to advance due to the project's inability to meet permitting requirements. (h) In the event that the project is not granted required permits and construction does not occur, the Owner will not be responsible for any costs incurred by the City during the preliminary design process. 2. Commitment of the City. (a) The project will be split into two Schedules. Schedule 1 will be construction of the tightline storm drain conveyance along the northern and western property border. Schedule 2 will be the City water quality component of the project which will be funded by the City under a revised SWM CIP schedule and constructed concurrently. (b) The City will design, permit, bid, administer funds received and manage construction of Schedule 1 of the project to construct the storm conveyance system. Schedule 1 will include installing the tightline storm drain conveyance per the City's Development Standards and the current edition of Washington State Department of Transportation Standard Specification for Road, Bridge, and Municipal Construction which includes backfill, compaction, and grading of the open trench areas but will not include any site grading outside of the storm drain conveyance limits. (c) The City will fund, design, permit, bid and manage construction of Schedule 2, the water quality facility. (d) The City will apply for all required permits for both Schedule 1 and Schedule 2, but makes no guarantees that outside agencies will grant permits. 3. Term. The term of this MOU shall commence on the date written above and shall continue until Schedule 1 and Schedule 2 construction is complete and the Owner has granted a permanent easement. The project schedule is based on the following milestones: (a) Obtaining permits from the City, WDFW, and USACE by January 1, 2019; (b) Completing the project design with Council approval and advertising the project by March 1, 2019; (c) Awarding the contract work by June 1, 2019; and (d) Constructing the improvements within an anticipated WDFW and/or USACE permit approved work window from July 15 to September 15, 2019. In the event the project schedule is delayed and the March 1, 2019 advertising milestone is not feasible, the owner reserves the right to discontinue the project. However, once the project has been advertised and deposits the project costs with the City, the owner agrees to continue with the project until completion, pending bid results as outlined in Section 1(b) of this MOU. 4. Indemnification. The Owner shall indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the Owner, its employees, agents, or contractors, which may arise out of this MOU. The City shall indemnify and hold harmless the Owner and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the City, its employees, agents, or contractors, which may arise out of this MOU. Nothing in this agreement shall be construed to create a cause of action against the Owner, or to create liability for damage to property caused by the actions of third parties. Any repairs to the storm drain and/or future water quality facility required after damage caused by third party will be borne by the City or the responsible third party. 5. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington. 6. Entire Agreement. This MOU represents the entire understanding and agreement between the Parties. This MOU cannot be amended or modified except by another written document duly signed and executed by the City and the Owner. Signature page follows IN WITNESS WHEREOF, the Owner and the City have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY By: Jim Ferrell, Mayor 33325 8th Ave S Federal Way, WA 98003 NYH PROPERTIES, LLC By: Wasim Azzam, Governor NYH Properties, LLC 963 S 293rd St Federal Way, WA 98003 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Wasim Azzam to me known to be the Governor of NYH Properties, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires S:\CIP\Projects\^9-West Hylebos\Proposed\S 336th Tightline and WQ\Draft MOU for easement and funding for the South 336th Street Water Quality Facility.docx 2015-2021 SWM CIP—GRANT DEPENDENT PROJECT May 2014 Project 13: South 336th Street at Highway 99 EXHIBIT A Project Location:South 336th Street at Highway 99 s ° -? `"' . Project Category: Water Quality,Flow # „.y ! r 'em Control t ;`' • ' ----...,...am- Land Acquisition: Required Y f t ��r '% s t - f _ i. '� .'`..C. g , ! _ Project Benefits ' , tr ` , ` :a-. lli► 4... i. r1a 4 I 6 V ! • Water quality treatment ii ' • . ,, : • 't-•II ......_:,;-,1! . ,,\ fit, - • Added flow control h =e f „ . ( • Infiltration and groundwater recharge • 4';K . 3 y 7 • H . 4 (i ` L =w - t Project Facts s 1-4 4"'.. +;; ` ,7:::$1;‘5.414:-••f ,,:` • The City is nearing completion of a similar ".•Z. '"" ''.'llaitix,,s„,'-,,,, -/ "- -.A4 -*"..,..?, ,-•:-...:Pto q� project at S 356 Street and Pacific Highway a v'4" !' !1A t . t Lt j'. 99 si: '= " `. 4" tit • The Cityrecentlycompleted HOV lane -fed .. ` • ' ,„`�,; -7 p +' o, :r` '"kw f , , ? improvements on the segment of Pacific . =.Ir L fi .R. I s ., 1a. n Highway Contributing to the water quality 4j '�.. � �`�� facility . X ' ' t' it • Treated water from the facility will l-- ,- x s contribute to the West Hylebos Creek and "� a ., wetlands complex and add to conservation ;" ; - - ` c. iC efforts ,;2 `A - - - alliall S 336th Street Water Quality Facility The project will acquire a portion of three undeveloped parcels - (primarily area encumbered by stream setbacks)along Pacific Highway South north of S 336th Street west of Pacific Highway 99 and construct a Y., bioretention water quality facility. The facility will treat runoff from Pacific Highway and the downtown core area,which is the most heavily �. -^ .a developed and utilized part of the City. Detention capacity will be >•! integrated into the facility if possible, but this is a retrofit project intended to provide the most additional water quality treatment possible. Description Cost Property Acquisition Subtotal $ 634,145 Design Subtotal $ 58,815 Construction Subtotal $ 1,260,615 Grant Funding $ (989,573) Total $ 964,003 Page 1 2015-2021 SWM CIP—GRANT DEPENDENT PROJECT May 2014 15 • • O • U a a b a a •, • 1a •.• I •• •j. n O a a t•• : • S 333RD ST 0 a b •�. ••• $° •n .• a s. •• • v 44 e •4 at 8, OPO o w II Water Quality Retrofit 4 b m 0 a a Bioretention Facility 040 O•,• .` y� •9 • • • •• �p< 4- .•• 0 Fri 0 O+o ;•• Pc ' d 040 CO • •• §ii •• 0 • n •• t. 5V • •° Vim'' '::,. • I on o 0 Legend ;.--..4N • • �z • eT Proposed Trail System Storm Drain •---,....J • • - - WO Retrofit ►Private jaii. • Storm Outfall —►Public 0 Storm Structure —*Public Trunk 0 150 300 i,, y-,)-->pitch Feet :, rte* 1 I 11 ') % S 336`h Street Water Quality Facility Assessed Market Line Description Quantity _ Units Value Value Construction Cost Property Acquisition Items 1 Parcel 1721049047(55%) 1 EA $557,755 $557,755 $ 557,755 2 Parcel 7681900030(10%) 1 EA $ 37,550 $ 37,550 $ 37,550 3{Parcel 7681900020(10%) 1 EA $ 38,840 $ 38,840 $ 38,840 4: Property Acquisition Total _L $ 634,145 Design Items_ • Unit Price _ 5 Engineering Design(5%) 1 EA $ 49,005 $ 49,005 6 Survey(1%) 1 EA $ 9,810 $ 9,810 7 Design Subtotal $ 58,815 Construction Items 8 Mobilization(10%) 1 EA $ 98,010 $ 98,010 9 Bioretention facility • 65,340 SF $ 15 $ 980,100 10lConstruction Management(3%) 1 EA $ 29,410 $ 29,410 11 Erosion and Sediment Control(5%) 1 EA $ 49,005 $ 49,005 12 Washington State Sales Tax(9.5%) i $ 104,090 13 Construction Subtotal $ 1,260,615 14 Total i $ 1,953,600 _.. , . .,, . ,_... .. .. . .v_ ._. . _ . :ur. Page 2 EXHIBIT B 1 1 ---.._, __ Revised S 336th St Water Quality j xI)\ Facility at Hwy 99 Project Map `i 90 oe1721049026 Existing Storm / Drain Alignment 0. Future Water Quality Treatment Vault Proposed Storm Estimated size 11'x 36.5' •°.. Drain Alignment ' + -1• Approximate �. Existing Ditch01 , .„, <_ Alignment .. t� 73 Flow Splitter Structure '..,i. ,..: , .. Proposed Storm \ Drain Alignment Future Pre-Treatment Vault Estimated Size 12'x 6' 7681900030 ,Ala SZ? Permanent its Easement for �' 172104ROAD Maintenancet, E 6 tea ' 1721 04 904 7 > 797820ROAD t 355 ,,._ w' E • in -Jai . ll1 LI n i i �k 7681900020 ® --, .4" y _ I. _- i V ' Y• ,, '. 1721049112 Legend 12"Storm Drain '`"'` •' ' ' • 48"Storm Drain AConnect to existing storm drain _ Proposed Easement - and replace existing structure t,:, d ''T _, T . 4 _ WQ Facilities 'JP 0 Storm Structure — - Storm Drain Features I92650300309265030010 r ►Storm Drain 0 25 50 100 -` ......".1,'Storm Drain Trunk Feet COUNCIL MEETING DATE: April 17, 2018 ITEM#: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase II—PROJECT ACCEPTANCE POLICY QUESTION: Should City Council accept the Marine Hills Stormwater Conveyance System Repair Phase II Project as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 2, 2018 CATEGORY: N Consent E Ordinance El Public Hearing E City Council Business [11 Resolution 0 Other STAFF REPORT BY: Fei Tang,P.E. SWM Project Engineer --"---- DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated April 2, 2018. Options Considered: 1. Authorize final acceptance of the Marine Hills Stormwater Conveyance System Repair Phase II Project constructed by Insituform Technologies, LLC, in the amount of$788,673.40 as complete. 2. Do not authorize final acceptance of the completed Marine Hills Stormwater Conveyance System Repair Phase II Project as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the April 17, 018 City Council consent agenda for"appro al. 1 _ MAYOR APPROVAL: mm,tt tr '? jM C ncil DIRECTOR APPROVAL: 31Z7118 Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding option 1 to the April 17, 2018 City Council consent agenda for approval. Mark KoeVang, Comm ess Johnson, Committee , Hoang Tran, Committee Member Chair Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Marine Hills Stormwater Conveyance System Repair Phase II Project constructed by Insituform Technologies, LLC, in the amount of $788,673.40 as complete." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: El APPROVED COUNCIL BILL# O DENIED IsT reading O TABLED/DEFERRED/NO ACTION Enactment reading O MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: April 2, 2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum, P.E.,Public Works Director Fei Tang,P.E., SWM Project Engineer SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase II-Project Acceptance BACKGROUND: This project was constructed to repair deteriorated stormwater pipes and structures in the Marine Hills subdivision using a cured in place pipe(CIPP)repair system. Prior to release of retainage on a Public Works construction project the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The Marine Hills Stormwater Conveyance System Repair Phase II Project constructed by Insituform Technologies,LLC, is complete. The final construction contract amount is$788,673.40.This is $457,012.25 below the $1,245,685.65 (including contingency)budget that was approved by the City Council on February 21,2017. COUNCIL MEETING DATE: 04/17/2018 ITEM#: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:KING COUNTY HISTORIC PRESERVATION ILA POLICY QUESTION: Should the City of Federal Way enter into an interlocal agreement(ILA)with King County to provide historic preservation technical support to the city? COMMITTEE: LUTC MEETING DATE: 04/02/2018 CATEGORY: E Consent n Ordinance LII Public Hearing O City Council Business 0 Resolution LI Other STAFF REPORT BY:DAVE VAN DE WEGHE, SENIOR PLANNER DEPT: Community Development Attachments: 1. Staff Report 2. Interlocal Agreement For Landmark Services 3.King County Historic Preservation Approval Procedures Options Considered: 1. Approve the Mayor's recommendation and forward to the Council Consent Agenda on April 17, 2018. 2. Deny approval of the Mayor's recommendation and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding the King County Historic Preservation ILA to the April 17,2018 Counmc. ..nsent Agenda. MAYOR APPROVAL: IV 3 DIRECTOR APPROVALjly: it/4 ommitte ouncil r6 Initial/ te Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 17, 2018 consent agenda for approval. Mark Ko g,Committe hair Jess- Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Interlocal Agreement For Landmark Services with King County and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: O APPROVED COUNCIL BILL# O DENIED First reading O TABLED/DEFERRED/NO ACTION Enactment reading O MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: 04/02/2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: Brian Davis, Community Development Director Dave Van De Weghe, Senior Planner SUBJECT: King County Historic Preservation ILA BACKGROUND: On July 5, 2017, City Council took the first step to protecting Federal Way's historic resources by adopting King County's Landmarks Preservation Ordinance by reference. Two more steps are required by Council before the ordinance can be applied locally: 1. Adoption of an Interlocal Agreement(ILA)with King County to provide historic preservation review services to the city; and 2. The appointment of a city representative to serve on the King County Landmarks Commission. On Nov. 13,2017,the King County Council adopted ordinance No. 2017-0336.2, authorizing the County to enter into an ILA with the city. Once the ILA is signed by both parties, it will authorize the King County Historic Preservation Program staff to review city landmark nominations and city Certificate of Appropriateness applications. The city will reimburse the county for review services quarterly. Review costs will be fully funded by application fees. The ILA may be cancelled by either party with 45 days notices. City Council action will also be required later this year to appoint a local commission member, following advertisement of the volunteer position. cc: Project File Attachment A dated September 15, 2017- 18606 INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES THIS IS AN AGREEMENT between King County, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as the"County,"and the City of Federal Way, a municipal corporation of the State of Washington,hereinafter referred to as the"City,"and hereinafter referred to jointly as the"Parties." WHEREAS,the City is an optional municipal code city incorporated pursuant to Title 35A RCW; and WHEREAS,local governmental authority and jurisdiction with respect to the designation and protection of landmarks within the City limits resides with the City; and WHEREAS, the City desires to protect and preserve the historic buildings, structures, districts, sites, objects,and archaeological sites within the City for the benefit of present and future generations; and WHEREAS,the County is able to provide landmark designation and protection services for the City; and WHEREAS,the City has elected to contract with the County to provide such services; and WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient and cost effective landmark designation and protection; and WHEREAS,pursuant to Chapter 39.34 RCW,the Interlocal Cooperation Act,the Parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the County and the City hereby agree: 1. Services. At the request of the City, the County shall provide landmark designation and protection services using the criteria and procedures adopted in King County Ordinance 10474 King County Code(KCC), Chapter 20.62 and Chapter 19.285, Federal Way Revised Code (FWRC)within the City limits. 2. City's Responsibilities. A. The City adopts an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects,districts, sites, objects, and archaeological sites Interlocal Agreement for Landmark Services revised 091517 Page 1 of 5 as landmarks and for the protection of landmarks. The regulations and procedures are substantially the same as the regulations and procedures set forth in Chapter 20.62 KCC. The ordinance provides that the King County Landmarks Commission,with the addition of a special member,acting as the City of Federal Way Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance includes: 1) Provision for the appointment of a special member to the Commission as provided by Chapter 20.62.030 KCC. 2) A provision that appeals from decisions of the Commission pertaining to real property within the City limits shall be taken to the City's Hearing Examiner. 3) A provision for penalties for violation of the certificate of appropriateness procedures (Chapter 20.62.080 KCC). Aprovision that the official responsible for the issuance of buildingand related 4) p permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts,or archaeological sites to the King County Historic Preservation Officer(HPO)for review and comment. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites, districts or archaeological sites. B. Appoint a Special Member to the Commission in accordance with the ordinance adopted by the City. Pursuant to Chapter 20.62 KCC such Special Member shall be a voting member of the Commission on all matters relating to or affecting landmarks within the City, except review of applications to the Special Valuation Tax Program, and the Current Use Taxation Program. C. Collect applications and application fees for landmark nominations and Certificates of Appropriateness, and forward applications to the County for processing. D. Distribute public hearing notices for Landmarks Commission meetings. E. Except as to Section 5,the services provided by the County pursuant to this agreement do not include legal services. 3. County Responsibilities. A. Process all landmark nomination applications and conduct planning,training,and public information tasks necessary to support landmarking activities in the City. Such tasks shall be defined by mutual agreement of both parties on an annual basis. B. Process all Certificate of Appropriateness applications to alter,demolish, or move any significant feature of a landmark property within the City limits. Interlocal Agreement for Landmark Services revised 091517 Page 2 of 5 C. Act as the"Local Review Board"for the purposes related to Chapter 221, 1986 Laws of Washington, (Chapter 84.26 RCW and Chapter 254.20 WAC)for the special valuation of historic properties within the City limits. D. Review and comment on applications for permits that affect historic buildings, structures, objects, sites, districts, and archaeological sites. Comments shall be forwarded to the City official responsible for the issuance of building and related permits. 4. Compensation. A. Costs. The City shall reimburse the County fully for all costs incurred in providing services under this contract, including overhead and indirect administrative costs. Costs charged to the City may be reduced by special appropriations, grants, or other supplemental funds, by mutual agreement of both parties. The rate of reimbursement to the County for labor costs shall be revised annually. B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual costs plus the annual administrative overhead rate. Payments are due within 30 days of invoicing by the County. 5. Indemnification. A. The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss,costs, expenses, and damages of any nature whatsoever,by reason or arising out of any negligent act or omission of the County, its officers, agents, and employees,or any of them, in providing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City,the County shall defend the same at its sole cost and expense;provided,that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees,or any of them, or jointly against the City and the County and their respective officers, agents and employees, or any of them,the County shall satisfy the same. B. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances,rules or regulations, polices or procedures. If any cause,claim, suit,actions or administrative proceeding is commenced regarding the enforceability and/or validity of any ordinance, rule or regulation of either party, said party shall defend the same at its sole expense and if judgment is entered or damages are awarded against said party, said party shall satisfy the same,including all chargeable costs and attorneys' fees. Interlocal Agreement for Landmark Services revised 091517 Page 3 of 5 C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss or damage is brought against the County,the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them,the City shall satisfy the same. D. The City and the County acknowledge and agree that if such claims,actions, suits, liability, loss, costs, expenses, and damages are caused by or result from the concurrent negligence of the City, its agents, employees,and/or officers and the County, its agents, employees, and/or officers,this Article shall be valid and enforceable only to the extent of the negligence of each party,its agents, employees and/or officers. 6. Interlocal Cooperation Act. A. Purpose. The purpose of this agreement is for the City of Federal Way and King County to partner to provide historic preservation services within the corporate boundaries of the City. B. Administration. This agreement shall be administered for the County by the Director of the Department of Natural Resources and Parks, or the director's designee, and for the City by the Mayor or the Mayor's designee. C. Budget and Financing. No special budget or funds are anticipated,nor will the parties jointly acquire, hold or dispose of real or personal property. D. Duration. This agreement is effective beginning upon execution, and shall continue until terminated pursuant to the terms of this agreement. E. Recording.This Agreement will be recorded by the County or otherwise be made public by it in conformance with the Interlocal Cooperation Act. 7. Termination. Either party may terminate this agreement by providing forty-five (45) days' written notice to the other party. 8. Amendments. This Agreement may be amended at any time by mutual written agreement of the Parties. Interlocal Agreement for Landmark Services revised 091517 Page 4 of 5 IN WITNESS WHEREOF,the parties have executed this agreement this day of ,2017. CITY OF FEDERAL WAY: KING COUNTY: By: By: Jim Ferrell Dow Constantine Mayor King County Executive Approved as to form: By: King County Prosecutor Interlocal Agreement for Landmark Services revised 091517 Page 5 of 5 KING COUNTY REGIONAL PRESERVATION PROGRAM Historic Preservation Services Approval Procedures When any person requests King County Historic Preservation Program staff(staff)to conduct work in a city with which the County has an interlocal agreement for historic preservation services the following procedures shall apply: • Within five working days of a request for services the county staff person receiving the request shall provide the Historic Preservation Officer (HPO) with the following information: o property address; o name and contact information for person requesting service, and their relationship to the property; o description of service requested(landmarking inquiry; environmental review; Certificate of Appropriateness(COA) application; technical assistance*, etc.); o a copy of any correspondence or information specific to the request; and, o an estimate of time needed to render the service. • The HPO shall forward this information, along with an estimate of cost to complete the work, to the designated City representative for consideration. The City shall provide the HPO with electronic or written notification to proceed or not to proceed within two business days of receipt of notification from the HPO. • The HPO shall provide copies of any information or correspondence generated in the process of providing the service to the City for its files (final reports, formal correspondence, recommendations,research data, etc.)unless otherwise agreed upon by the City and the HPO. • In addition, the City should establish internal administrative rules on how to process a request for historic preservation services including,but not limited to, landmark nominations, COA applications and review, environmental review, and incentive program coordination. • EXCEPTION: For most jurisdictions we will automatically process COA applications without a notice to proceed. If your jurisdiction requires approval before processing COA applications,please let us know. *The City will not be billed nor formally notified per the above process for technical assistance inquiries or questions, or requests for information that can be handled by phone or e-mail in 15 minutes or less. The City representative per the above process must approve any services which will exceed 15 minutes of staff time. Updated 1/18 COUNCIL MEETING DATE: April 17,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:CITY CENTER STREET LIGHT BANNERS BID AWARD POLICY QUESTION: Should the Council award the City Center Street Light Banners to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE:April 2,2018 CATEGORY: r Consent ❑ Ordinance ❑ Public Hearing CCity Council Busine s ❑ Resolution ❑ Other STAFF REPORT Be Winkler,P.E.,Deputy PW Director/Street DEPT: Public Works Systems Manager Attachments: Land Use and Transportation Committee memorandum dated April 2,2018. Options Considered: 1. Award the City Center Street Light Banners to Rainier Industries,Ltd.,the lowest responsive, responsible bidder,in the amount of$59,180.00 authorize the Mayor to execute the contract. 2. Reject all bids for the City Center Street Light Banners and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 17, 2018 City Council Consent Agenda for appAl al. MAYOR APPROVAL:II, r, 0D RECTOR APPROVAL: 3'Z71 le ttee v o cil 46,7/ itial/Date Initial/Date nitial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option\to the April 17, 2018 City Council consent agenda for approval. 1.. er 474 a----'"‘-—--- ''/Mark Kop.''g, Committee 'esse Johnson, Committee Hoang Tr , Committee Member Chair Member PROPOSE COUNCIL M TI N: "I move t horize s award e ty enter Street Lig B nners to Rainier Indust ' , Ltd., the lowes esponsive, respoi. ., 7.idder, in the a ount o +.59,180.00 and aut ize the Mayor to execute t contract." (BELOW TO BE COMPLETED BY C Y CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# '� � � b ick s -�c C�`I - $ jk- G1�Ch,-1- �nr►e►�. tl CITY OF FEDERAL WAY MEMORANDUM DATE: April 2, 2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Public Works Director ftt' esiree Winkler,P.E.,Deputy Public Works Director/Street Systems Manager SUBJECT: City Center Street Light Banners-Bid Award BACKGROUND: Each year, the City places approximately 140 banners in City Center between late spring and early fall. The current banners have exceeded their useful life. In addition, the City's logo has been updated. Staff contacted five (5) prospective bidders to provide quotes for 160 banners which will provide extra to replace banners in future years due to wind and weather damage. Of the five bidders, only one (1) bidder could meet our specifications and timeline. Please see the Bid Tabulation below. The lowest responsive,responsible bidder is Rainier Industries, Ltd.,with a total bid of$59,180.00. Rainier Industries, Ltd.provided the City's banners in the past,is able to reuse most of the artwork,and has our City banner colors readily available. BID TABULATIONS: Bidder Name Arkansas'Flag Signs by Rainier Industries FLS Banners and Banner Tomorrow Vilma's Signs Item I Quantity Unit (Tukwilla,WA) l(Sturgeon Bay,wi) (Littlerock,AR) (Kent,WA) (Federal Way,WA) Unit Unit Unit I Unit Unit Price Total Price Total Price Total Price Total Price Total Custom City Center Banner' 160!EA $335.00 $53,600.00 Unable to meet Unable to meet Unable to meet Set-up Fee 1 LS $200.00 $200.00 specifications. specifciations. timeline. Unresponsive. � 1 1 Subtotal; $53,800.00 I Sales Tax(10.0%)i $5,380.00 I TOTAL $59,180.00 AVAILABLE FUNDING: TOTAL FUNDING AVAILABLE: $ 65,000.00 ESTIMATED EXPENDITURES: TOTAL PROGRAM COST: $ 59,180.00 The lowest responsive,responsible bid is within available funding. i _ �j a••' > ao O N incco ~ C ,,, 3 0 m �- I- E +.' a) v •C c •C c u. _ ,a a, in.0 2 3 h • C 0 +: oa C N i-VVCU C •v m d CO44. L a+ Q) c LL O cu H C Y 1— Y co co Z m _v L faCO C 13 41 ++ a) a U i ++', - •L ,a aJ Q V j Q m 3 +, as CU vi (1) c C 0° I— o m CD C +' u CO N N J c ,V ,a a) Y. 3 C Q. N 0 0 0 0 0 O O O O O N O O O O O ▪ Q lO0 N CO act a) M H• 3 — U1 C L 12) YJ C O O +R+ o Q cc C U Lri M Ocu O • .2 O d m N j O� 1- V? 'LA to X RI 1— C CD D ca W J N O a-I lip + ri C fa N v L cu oo C ,i co 05 Ca \ C t N C O Q "-sin m J L ai ,n C CU ++ C �+ U N0 i C U IN U O c j:t et/ 7 a m U ,n COUNCIL MEETING DATE: April 17,2018 ITEM#: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:21ST AVE S PEDESTRIAN CONNECTION(S 314TH ST TO S 316TH ST"DOWNTOWN STAIRCASE")REJECTION OF BIDS AND APPROVAL TO RE-BID PROJECT POLICY QUESTION: Should the Council reject all bids for the 21st Ave S Pedestrian Connection(S 314th St to S 316th St"Downtown Staircase")Project and authorize staff to rebid the project? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Christine J.Mullen,P.E. Streets Project En inee DEPT: Public Works Attachments: Memorandum dated April 17,2018. Options Considered: 1. Reject all bids for the 21st Ave S Pedestrian Connection(S 314th St to S 316th St"Downtown Staircase") Project and direct staff to rebid the project and return to Council for further action. 2. Do not reject all bids for the 21st Ave S Pedestrian Connection(S 314th St to S 316th St"Downtown Staircase")Project and provide direction to staff. MAYOR'S RECOMMENDA ION: The Mayor re mends Option 1 for approval. MAYOR APPROVAL:� % I/( " ,�`0/ DIRECTOR APPROVAL: 41 tat�g �Commi a ouncil nitial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Mark Koppang,Committee Jesse Johnson, Committee Hoang Tran, Committee Member Chair Member PROPOSED COUNCIL MOTION: "I move to reject all bids for the 21st Ave S Pedestrian Connection (S 314th St to S 316th St "Downtown Staircase') Project and direct staff to rebid the project and return to Council for further action." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: April 17, 2018 TO: Council VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E.,Public Works Director Christine J.Mullen,P.E., Streets Project Engineer; SUBJECT• 21st Ave S Pedestrian Connection (S 314th St to S 316th St"Downtown Staircase")—Rejection of Bids and Approval to Re-Bid BACKGROUND: Four bids were received and opened on April 9, 2018 for the 21st Ave S Pedestrian Connection(S 314th St to S 316th St "Downtown Staircase") Project. Please see attached Bid Tabulation Summary. The lowest bid was deemed non- responsive because of failure to include all required documents in their bid proposal. The second low bidder's bid costs are evaluated below. All four bids received were in excess of the amount of available funding for the project. AVAILABLE FUNDING: Budgeted City Funds(2017) $125,000 LIFT Fund(2016) $500,000 LIFT Fund Transfer(2017) $1,500,000 LIFT Fund(2018) $1,000,500 REET(2018) $60,750 Regional Mobility Grant(King County Metro) $500,000 TOTAL $3,686,250 ESTIMATED EXPENDITURES: Design $300,000 Right of Way(2016) $500,000 Right of Way(2018) $60,750 2018 Construction Cost—Lowest Responsive Bid $2,873,479 10%Construction Contingency $287,348 Construction Management(In-House) $125,000 TOTAL $4,146,577 SHORTFALL - $460,327 Due to the fact that the lowest responsive bid is $460,327 over the available budget, staff is recommending that all bids be rejected, value engineering be completed, and the project be re-bid. 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