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2018-05-15 Council PKT - Regular CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall May 15, 2018 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Promotional Swearing-In Ceremony for Police Department b. Arts Commission/Municipal Court Student Art Contest Winners Judge Larson and Judge Robertson c. Proclamation: Public Works Week (May 20-26) d. Performing Arts and Event Center LEED Silver Certification EJ Walsh Report on Community Events Zero Based Budget Approach 2019/2010 Biennial Budget Regional Gang and Gun Violence Coordination Meeting (May 9) Washington Emergency Communications Coordinating Working Group regarding Catastrophic Planning (May 10 at PAEC), Opening Day of the Federal Way Farmers Market (Saturday, May 12) Upcoming Community Events: Neighborhood Connection Meeting at Wildwood Elementary (Wednesday, May 16 at 6:00 p.m.); FWCAT - Break the Chains 5K (Saturday, May 19); Touch-A-Truck Event (Saturday, May 19 at 11:00 a.m. - the former Target parking lot); Celebration of Diversity Block Party, hosted by BSU (May 19 at Valley Church) Federal Way Youth Forum (June 11, 6:30 p.m. at Decatur) 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. 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. a.Minutes: May 1, 2018 Regular and Special Meetings 5 b. Interagency Agreement between State of Washington, Highline College, and City of Federal Way 4 c. 2018 Storm Drain CCTV Inspection and Assessment Bid Award 3 d. Brooklake Center Connector Trail at West Hylebos Wetlands Park 30% Design Status Report 6 e. Lakota Park Stormwater Facility Repair Project Bid Award 8 f. West Hylebos Creek S 373rd Street Gravel Removal Project Bid Award 1 g. RESOLUTION: Retreat Meadows Final Plat Approval 4 h. RESOLUTION: Setting Public Hearing of June 19, 2018 for 2019-24 Transportation Improvement Plan and Arterial Street Improvement Plan 6 i. Adaptive Traffic Signal Control System Phases I & II 30% Design Report 60 j. Sound Transit Tacoma Dome Link Extension Partnering Agreement 4 k. Panther Lake Trail Construction 8 l. Panther Lake Footbridge 1 m. Ballistic Vest Partnership 5 n. 7 o. 6 6. PUBLIC HEARING a. Regarding Title 19 FWRC Interim Zoning Regulations 8 Introduction: Mark Orthmann, Deputy City Attorney Report: Scott Snyder, Outside Counsel Citizen Comment (3 minutes each) Council Discussion/Questions 7. COUNCIL BUSINESS a. Rescheduling of August 7, 2018 Regular Council Meeting 1 b. Cancellation of August 21, 2018 Regular Council Meeting 2 c. Arts Commission Appointment 3 8. ORDINANCES First Reading a. Council Bill #739: Adopting Interim Land Use Regulations to Control the Provision of Telecommunications Facilities within the City e 124 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 TO 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. CONTROL THE PROVISION OF TELECOMMUNICATIONS FACILITIES WITHIN THE CITY; AMENDING FWRC 19.05.010, 19.05.050, 19.05.130, 19.05.170 AND 19.05.240 TO REVISE AND REPEAL DEFINITIONS RELATING TO WIRELESS COMMUNICATIONS; FWRC 19.15.010 TO EXEMPT STREET USE APPROVALS; FWRC 19.190.030 TO CLARIFY THE APPLICATION OF UNZONED PROPERTY TO RIGHT-OF-WAY USE; REPEALING CHAPTER 19.255 FWRC; AND ADDING A NEW CHAPTER 19.255 FWRC RELATING TO WIRELESS COMMUNICATION FACILITIES. b. Council Bill #740: Amending Title 4 FWRC to Establish Regulations Relating to Small Cell Deployments, Franchising, and Small Cell -of-Way 4 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SMALL CELL DEPLOYMENTS, FRANCHISING, AND SMALL CELL -OF-WAY AND FEDERALLY REQUIRED REVIEW PERIODS; AMENDING CHAPTER 4.22 FWRC AND ADDING NEW CHAPTERS 4.23 AND 4.24 FWRC. c. Council Bill #741: Amend FWRC 19.80 Regarding Docket Process and Department of Commerce Notification 80 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ANNUAL COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENT PROCEDURE; AND AMENDING FWRC 19.80.050, 19.80.070, 19.80.080, 19.80.090, 19.80.170, 19.80.180, 19.80.260, AND 19.80.270. Second Reading d. Council Bill #738: 2017/2018 Biennial Budget Amendment 98 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2017-2018 BIENNIAL BUDGET. (AMENDING ORDINANCE NOS. 16-826 AND 17-841). 9. COUNCIL REPORTS 10. 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. CITU OF Federal Way PROCLAMATION "National Public Works Week" May 20-26, 2018 WHEREAS, the American Public Works Association has celebrated the annual National Public Works Week since 1960; and WHEREAS, Public Works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities; and WHEREAS Public Works professionals promote public health, high quality of life and well-being of the people of Federal Way; and WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of Public Works professionals; who are engineers, managers and employees who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Federal Way to gain knowledge of and to maintain a progressive interest and understanding of the importance of Public Works and Public Works programs in their respective communities. NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way do hereby proclaim the week of May 20-26, 2018 as "Public Works Week" in the city of Federal Way and urge our citizens to join with representatives of the American Public Works Association in activities, events and ceremonies designed to pay tribute to our Public Works professional and recognize the substantial contributions they make to protect our health, safety, and quality of life. SIGNED this 15th day of May, 2018. FEDERAL WA YMAYOR AND CITY COUNCIL /i / ,s Ly,, is Assefa-Daw Jim Ferrell, Mayor /Jt,V�An- 1I7/1,d- r,,tdr.-.r ouncilmember S san Hot , Deputy Mayor ii esse . Johnson, Councilmember Hoang an, Councilmember Martin Msore, Councilmember ouncilmember Dini Duclos, Councilmember COUNCIL MEETING DATE: May 15,2018 ITEM#: 5 a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the May 1, 2018 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney,City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the May 1, 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 In Pate Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2016 RESOLUTION# Alkih, CITY OF Federal W CITY COUNCIL SPECIAL MEETING AGENDAbR Council Chambers - City Hall A �' May 1, 2018 — 6:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:05 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 Deputy City Clerk Jennifer Marshall 2. STUDY SESSION: PUGET SOUND GATEWAY PROJECT • Staff Introduction Public Works Deputy Director Desiree Winkler provided a brief introduction of the WSDOT Puget Sound Gateway Program. She shared that while Federal Way will not be directly impacted by the construction, it will reap the benefits of improved traffic through out the region. She introduced Puget Sound Gateway Program Administrator Craig Stone, P.E. • WSDOT Presentation Mr. Stone outlined the Puget Sound Gateway Process which originated with the Legislature and Governor directing Washington State Department of Transportation (WSDOT). WSDOT in turn connected with the public creating two steering committees for the purpose of the two projects: the State Route (SR) 509 and SR 167 Extensions. He outlined the various funding sources acquired for these projects: o $111 million INFRA Grant from the Federal Government, o $1,565 million Connecting Washington funds from the State Government, o $130 million contribution for local governments, and o $180 million from tolls to be collected after construction. Federal Way City Council Regular Minutes Page 1 of 3 May 1, 2018 He concluded the first portion of the presentation providing an overview of the preferred scenarios for both State Route Extensions. He shared SR 509 was originally intended to run parallel to Interstate 5 (1-5)from Burien through Federal Way until it connected with SR 509 in Tacoma. Due to the passage of time and development in these areas, it has been determined this route is no longer feasible. The current preferred scenario is to continue SR 509 from the southwest portion of the Sea-Tac Airport through Des Moines to connect to 1-5 near S 209th Street. The next steps for the SR 509 Extension are to continue right of way acquisition, coordinating with Sound Transit in relating to Light Rail and Stations, coordinate with King County about Lake to Sound Trail Design, continue public outreach, and development of design. It is anticipated that construction will begin in 2021. An overview of the SR 167 Extension preferred scenario followed with a history of this project. The original intent was for SR 167 to connect to 1-5 but that the project was not completed. The intent of the Puget Sound Gateway Program is to continue SR 167 to connect to 1-5 between the cities of Milton and Tacoma. Next steps include continuing right of way acquisition, completing National Environmental Protection Act (NEPA) re-evaluation, coordinating with the City of Fife in regards to the Interurban Trail, coordinating with Sound Transit for the Tacoma Dome Link Extension, development of design, and accepting clean fill dirt. Mr.Stone introduced Mr. Steve Gorcester, Independent Grant Strategist. Mr. Gorcester explained the legislature directed the Secretary of Transportation to develop a Memorandum of Understanding (MOU)with local project stakeholders by July 1, 2018. He explained the eight elements of the Local Funding Memorandum of Understanding (MOU): 1. Participating parties, 2. Background and purpose of MOU, 3. Local funding strategy, 4. Local participation policy, 5. Benefit assessment methodology, 6. Local jurisdiction contributions, 7. Conditions and process for amending the MOU, and 8. Signatories. He indicated that Federal Way is identified as partner agency and designated as signatory, but no money is required from the city. Mr. Gorcester indicated that the MOU process is going well and moving towards the ultimate goal. Mr. Stone returned to podium to discuss tolling indicating that Washington State Transportation Commission (WSTC) will set toll rates closer to toll commencement. These tolls will be collected at five State-approved toll locations on all lanes of the newly constructed portions. Mr. Stone introduced Mr. Hung Huynh, Engineering Manager working specifically on the I-5/SR18/SR 161 Interchange improvements. Mr. Huynh provided the timeline of the work done to date and Federal Way City Council Regular Minutes Page 2 of 3 May 1, 2018 overviewed the intersection updates that are proposed (both funded and partially funded). He stated the scope and number of projects completed will be dependent on the funds used for the higher priority portions. • Citizen Comment No citizen comments were received. • Council Questions/Discussion Mayor Ferrell and the Councilmembers thanked the gentlemen for their presentation. Councilmembers asked clarifying questions regarding the collection of tolls and the impact it would have on drivers as well as the coordination efforts with Sound Transit. It was stated that tolling would be done for all lanes of the new portions of SR 509 and SR 167 and further clarified that no tolls will be added to existing infrastructure.Additionally it was explained that coordination efforts are ongoing with Sound Transit and most certainly will continue. 3. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:52 p.m. Attest: Jennifer Marshall Deputy City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 3 of 3 May 1, 2018 ,1/4 CITY OF iva4 .1,1_, Federal Way CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall ORA May 1, 2018 — 7:00 p.m. r 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:06 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 Deputy City Clerk Jennifer Marshall. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Arts Commission — High School Art Gallery at City Hall Daniel Hershmann, Chair of the Arts Commission, provided information regarding the Arts Commission highlighting both their work plan and their engagement in various activities. He spoke of the gallery at City Hall and recognized the high school students who were selected to have their work displayed for the past few months. He individually acknowledged each student and presented them with a certificate of recognition. The students recognized are as follows: Decatur High School Federal Way High School Lucia Ruiz Amador Henry YoungJohn Hallie Cromwell Alexandra Tangonan Catherine Huynh Samantha Mendoza-Rojas Thomas Jefferson High School Patricia Orciuoli Sophia Vazquez Glenna Park The Councilmembers commended the students for following their passion and engaging in the community. Federal Way City Council Regular Minutes Page 1 of 5 May 1 2018 Proclamation: Arts Education Month — May 2018 Deputy Mayor Honda read and presented the Arts Education Month Proclamation to Mary Gates, President of the Federal Way Performing Arts Foundation; Former Mayor Jeanne Burbidge; Shari Song, Vice President of the Federal Way Performing Arts Foundation; and Cindy Piennett,Treasurer of the Federal Way Performing Arts Foundation. Ms.Gates thanked the Council for the proclamation and highlighted the accomplishments of the Federal Way Performing Art Foundation during their first year. b. Recognition of Pastor Rick Miller and New Hope Christian Fellowship Church Mayor Ferrell read and presented a Certificate of Recognition to Pastor Rick Miller acknowledging his continued service to the community and for providing nightly shelter throughout the Winter of 2017-2018. Pastor Miller expressed his gratitude for this recognition as well the opportunity to care for those who need help. Council expressed their appreciation to Pastor Miller and New Hope Christian Fellowship Church. Deputy Mayor Honda extended additional gratitude on behalf of the Homeless Mothers and Children Initiative (HMCI) indicating his actions make him a hero. c. Preview 2019/2020 Budget Briefing Finance Director Ade Ariwoola briefed Council on the upcoming 2019-2020 Biennial Budget and presented six main components that may affect the budget. 1. Health insurance rates to increase, 2. Retirement rate contribution, 3. 2018 budget concerns, 4. Five additional Police Officers, 5. Teamster and Guild Union Contract, and 6. South Correctional Entity (SCORE). Mr. Ariwoola concluded by stating the Mayor will not propose an unbalanced budget nor will he propose the use of the fund balance. This means there will need to be additional revenue generated or there will be substantial reductions. Councilmembers asked various questions regarding the status of the city's self-insured health insurance, the amount of the replacement contribution for police cars, and the accuracy of the estimated numbers. Mr. Ariwoola responded to each query. Discussion continued regarding the level of service the city provides and that additional revenue must be identified. It was clarified that Council would like to pursue additional revenue sources through avenues other than taxation. d. Mayor's Emerging Issues and Report • Spring Neighborhood Connection Meeting Report (4/26) Mayor Ferrell reported the April 26 Neighborhood Connection Meeting at Twin Lakes Elementary School was well attended and provided a great opportunity to talk with neighbors about ongoing city projects and upcoming events. • City Recycling Event Report Federal Way City Council Regular Minutes Page 2 of 5 May 1 2018 Public Works Director Marwan Salloum shared the City Recycling Event took place on Saturday,April 21 at Wild Waves. He was pleased to report the 10 year average was exceeded both in number of vehicles served and amount of items provided: 1,075 cars visited and approximately 154,000 pounds of items were delivered. He reminded Council that the event was free to all residents and was 100% grant-funded. Mayor Ferrell and Council thanked Mr. Salloum and his staff for all of their work in preparation of and during this event noting it is a great program and citizens look forward to it. • Parks Appreciation Day at Celebration Park Report Parks Director John Hutton reported on Parks Appreciation Day, April 21 at Celebration Park. The volunteer event was huge success with 365 individuals participating and providing a combined total of 1,095 man-hours. • Reporton Community Events: Mayor Ferrell reported on several community events including the Rock Wood Fired Pizza Grand Re-opening on April 20, the Ribbon Cutting and Open House for MultiCare's Indigo Urgent Care and Mary Bridge Specialty Clinic on April 24, and Advancing Leadership Youth (ALY) Community Event on April 23. • Upcoming Community Events: He announced the Federal Way Coalition Against Trafficking (FWCAT) Break the Chains 5K will take place May 19 and the opening day of the Federal Way Farmers Market is May 12. 4. CITIZEN COMMENT Betty Taylor read a flyer regarding the Low Income Housing Institute (LIHI) that works to create and maintain affordable housing. LIHI cannot provide these services without partnership with other agencies; she asked Council to look into this as an option. Dana Hollaway responded to comments made regarding the Transportation Benefit District (TBD) at the Neighborhood Connection Meeting at Twin Lakes Elementary. Dennis Styles stated he wants to help the public get more involved with municipal government. He would like to work with the City and Council to help them be more accessible to the average citizen and the youth. He provided some suggestions that he has considered. 5. CONSENT AGENDA a. Minutes: April 17, 2018 Regular and Special Meetings b. Monthly Financial Report—March 2018 c. Vouchers— March 2018 DEPUTY MAYOR HONDA MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH C; COUNCILMEMBER MOORE SECOND. Motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Federal Way City Council Regular Minutes Page 3 of 5 May 1 2018 Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. ORDINANCES First Reading a. Council Bill #738: 2017/2018 Biennial Budget Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2017-2018 BIENNIAL BUDGET. (AMENDING ORDINANCE NOS. 16-826, AND 17-841). Finance Director Ade Ariwoola explained that per RCW 35a.34.130,the City has the authority to conduct a mid-biennial review of biennial budgets and modify as appropriate through adoption of an ordinance. He outlined the changes proposed for the 2017-2018 Biennial Budget; providing details regarding the specific adjustments proposed for the General Fund as well as the Capital Projects, Enterprise, and Internal Service Funds. He explained these changes are all contained within Exhibit C of the proposed ordinance. Council asked various questions regarding Capital Projects, funding received for the Performing Arts and Event Center(PAEC), and if any of these adjustments would change the information provided during his briefing during Item 3d. Mr. Ariwoola answered the questions and indicated that the previous presentation had been made while considering this proposed ordinance. Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MAY 15, 2018 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. 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 7. COUNCIL REPORTS Councilmember Assefa-Dawson reported facts from an SCA Partner Forum titled Recycling Revisited. She indicated that China's new restrictions on imported recyclable materials will impact our region. She also thanked Officer Hansen for his assistance when she visited City Hall this past week. Councilmember Johnson thanked the Youth Action Team for the community cleanup on Saturday, April 28. He thanked both city staff and his colleagues for all the work that takes place behind the scenes and indicated at all revenue options are being explored. Councilmember Tran reported that April 30, 2018 marked twenty-three years since the fall of Saigon. He shared both personal history and facts regarding the outfall. He thanked the American people for opening their arms and hearts to welcome refugees and allowing them a chance at a new life. Councilmember Koppang attended multiple events over the weekend to celebrate Earth Day. He participated in the Parks Appreciation clean up at Celebration Park, Bonsai Museum, Rhododendron Garden sale, and participated in the Earth Day Walk with the Save Federal Way City Council Regular Minutes Page 4 of 5 May 1 2018 Weyerhaeuser Campus group. He announced the upcoming Land Use/Transportation Committee (LUTC) Meeting is scheduled for May 7 at 5:00 p.m. Councilmember Moore spoke regarding the current status with both Camp Kilworth and Centerstage. He attended the Neighborhood Connection Meeting and hopes that there will be a larger number of attendees at future meetings as he would like to see more citizens engaged. Councilmember Duclos stated the Council and City need to humanize the budget. She also attended the Neighborhood Connection Meeting and felt it was well attended. She requested Council brainstorm how to generate additional non-tax revenue as more funds are needed;we cannot keep cutting services. Deputy Mayor Honda announced the Advancing Youth Leadership class graduated April 27. She also attended the Bonsai Garden which has new exhibit, "Living Art". She announced FedFactor, a school district-wide talent show,will take place May 12. She shared her thoughts about Camp Kilworth and hopes they will continue to honor Dr. Kilworth and his wife's dream. 8. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:14 p.m. Attest: Jennifer Marshall Deputy City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 5 of 5 May 1 2018 COUNCIL MEETING DATE: May 15,2018 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON HIGHLINE COLLEGE AND CITY OF FEDERAL WAY POLICY QUESTION: Should Council approve the proposed agreement between the State of Washington Highline Community College and the City of Federal Way for the Small Business Development Service Center as appropriated in the 2017/18 budget? COMMITTEE: FEDRAC MEETING DATE: 04/24/18 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tim Johnson DEPT: Economic Development Attachments: Staff Report Interagency Agreement between State of Washington Highline College and City of Federal Way Options Considered: 1.Approve the proposed agreement. 2.Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDA ION: Option 1 / MAYOR APPROVAL: f y - ce:02 /7( DIRECTOR APPROVAL: z(-1 2-l&' Co 'tte Coundl J uvv I t' VDate In al/D.e Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Interagency Agreement with the State of Washington Highline College for 2018 to the May 15, 2018 City Council Consent Agenda for approval. AialgaiS Committee Chair a % itt Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Interagency Agreement with the State of Washington Highline College, effective January 1, 2018 through December 31, 2018 and authorize the Mayor to sign said agreement." (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# STAFF REPORT DATE: April 6, 2018 TO: FEDRAC FROM: Tim Johnso SUBJECT: Approval of Interagency Agreement with Highline College for Small Business Development Center's, (SBDC) Business Advisory Services POLICY QUESTION Should Council approve the proposed agreement between the State of Washington Highline Community College and the City of Federal Way for the Small Business Development Service Center as appropriated in the 2017/2018 budget? STAFF RECOMMENDATION Approve the agreement. This item involves Highline College's SBDC continued business development services and resources to small to medium sized businesses. BACKGROUND This item involves Highline College's Small Business Development Center (SBDC) providing business development services and resources to small to medium sized businesses. This has been a continuing service that has been provided through an annual agreement and same monetary amount of$20,000. Annual agreements have been in place since 2014. DISCUSSION City Council approved the appropriation in the 2017/18 Budget.The SBDC provides the personnel and resources to accomplish the annual task. FINANCIAL CONSIDERATIONS The amount of$20,000 was approved in the 2017/18 budget by the City Council. POLICY CONSIDERATIONS The approval for this agreement rests with the City Council in accordance with their direction of the approved budget for 2017/18 ATTACHMENT A. DRAFT CONTRACT INTERAGENCY AGREEMENT Between STATE OF WASHINGTON HIGHLINE COLLEGE And CITY OF FEDERAL WAY THIS INTERAGENCY AGREEMENT is made and entered into by and between HIGHLINE COLLEGE, PO BOX 98000 MS 99-101, DES MOINES, WA 98198, hereinafter referred to as "HIGHLINE COLLEGE," and the CITY OF FEDERAL WAY, 33315 8th AVENUE SOUTH,FEDERAL WAY,WA 98003,hereinafter referred to as the "CITY." WHEREAS, IT IS THE PURPOSE OF THIS AGREEMENT to provide partnership and support for the community through the efforts of the Small Business Development Center and to provide complimentary business development services and resources to small to medium sized businesses. NOW,THEREFORE,IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The Small Business Development Center, ("SBDC") at Highline College will provide business advisory services to Federal Way based businesses, (established or start-up) for the City in 2018.The Scope of Work is defined in Exhibit A. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on January 1,2018 and be completed on December 31,2018. PAYMENT The City will pay Highline College for the service provided in an amount not to exceed a total of Twenty Thousand and 00/100 Dollars ($20,000.00)for the length of the contract from January 1, 2018 to December 31,2018. BILLING PROCEDURE Highline College shall submit a request for payment on an annual basis upon the completion of the contract December 31, 2018. Payment will be made by the City within 30 days of receipt of the request. PERFORMANCE MEASURES The SBDC under Highline College's management will provide the services as identified in the Scope of Work in Exhibit A Page 1 RECORDS MAINTENANCE Highline College shall submit quarterly and annual progress reports to the City. The reports will reflect all the Performance Goals set out and agreed to by both parties as outlined in Exhibit A of this contract. Highline College will maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs "incurred." These records shall be subject to inspection, review, or audit by personnel of the City, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained by Highline College for six years after the expiration of this agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties, shall have full access to these materials during this period. Records and other documents, in any medium, furnished by Highline College to this agreement to the City, will remain the property ofthe furnishing party, unless otherwise agreed. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual written agreement of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. Page 2 GOVERNANCE This agreement is entered into pursuant to and under the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. applicable state and federal statutes and rules; b. statement of work; and c. any other provisions of the agreement,including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. RATIFICATION Any act consistent with the authority and prior to the effective date of this agreement is hereby ratified and affirmed. Contract Management The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. Highline College: All correspondence and notices related to this agreement shall be delivered or mailed to the Economic Development Program Director, Rich Shockley, Highline College, PO Box 98000 MS 99-101, Des Moines, WA 98198. Page 3 City of Federal Way: Communications and billing contact person shall be Tim Johnson, Director of Economic Development, 33325 8th Avenue South, Federal Way, WA 98003. INDEMNIFICATION Highline College shall indemnify and hold harmless the City, its elected officials, officers, employees, and agents, from all claims, costs, damages, or expenses arising out of the negligence of Highline College, its officers, employees, and agents in connection with this Agreement. The City shall indemnify and hold harmless Highline College, its officers, employees, and agents, from all claims, costs, damages, or expenses arising out of the negligence of the City, its elected officials, officers, employees, and agents in connection with this Agreement. In the case of negligence of both Highline College and the City, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration ortermination. IN WITNESS,the Parties execute this Agreement effective January 1,2018. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell,Mayor City Clerk, Stephanie Courtney,CMC DATE: APPROVED AS TOFORM: City Attorney, J. Ryan Call Page 4 HIGHLINE COLLEGE: By: Printed Name: Title: Date: STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said 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_• Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Page 5 out of 7 EXHIBIT A SCOPE OF WORK The following is the Scope of Work for business advisory services by the Small Business Development Center ("SBDC") at Highline Community College for the City of Federal Way, Washington ("City") to Federal Way based-businesses in 2018. The SBDC shall do or provide the following: 1. Provide"One on One"business advising services; 2. Research for said business as part of advising services (secondary research provided as part of the SBA funding delivered through the SBDC; 3. Training and Education in areas such as,but not limited to: Business operations,marketing, management, use of technologies and access to capital with traditional and alternative lenders; 4. Provide international trade and export assistance; 5. Participate in Association of Foreign Consulate Event, June 19, 2018 sponsored by the City of Federal Way; work with other Highline College Trade Programs and SBA partners to support Federal Way's lead in event programing; and 6. Provide information to Federal Way businesses on"Doing Business in Federal Way," provided to SBDC by the City. SERVICE DESIGN To meet the above objectives,the SBDC will provide counseling that may include fmancial analysis and forecasting, formulation of a marketing strategy, organizational analysis and strategy,or other services needed for small business development for businesses in Federal Way. DELIVERABLES The SBDC will provide quarterly progress reports and an annual report to the City. The reports will reflect all of the performance goals set out to achieve the minimum business advisory services to eight, (8) businesses per quarter and thirty-two(32)annually of unduplicated eligible clients with funds provided in this agreement and agreed to by parties. In an annual report, the ("SBDC") will provide to the City, summaries of work it has completed for Federal Way businesses served that includes the following: • Number of clients/businesses served in 2018. • Identify current state of clients business as one of the three following types: (existing, start-up and/or pre-venture);Then identify in one of the following categories: o Retail o Wholesale o Manufacturer o Food Processor o Restaurant Page 6 out of 7 o Professional Business Service o Medical/Healthcare o Construction o Information/Communication/Technology o Hospitality o Arts o Transportation • Identify type of service provided. • Identify if client and business received capital. • Identify the number of jobs created and retained. • Identify demographics by gender,race and veteran status. Page 7 out of 7 COUNCIL MEETING DATE: May 15,2018 ITEM#: 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2018 STORM DRAIN CCTV INSPECTION AND ASSESSMENT—BID AWARD POLICY QUESTION: Should the Council award the 2018 Storm Drain CCTV Inspection and Assessment Project to the lowest responsive,responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 7,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tony Doucette,P.E. 7D DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7,2018. Options Considered: 1. Award Schedules A, B, and D of the 2018 Storm Drain CCTV Inspection and Assessment Project to Olson Brothers Pro-Vac, the lowest responsive, responsible bidder, in the amount of$195,581.57 and approve a 2.51%contingency of$4,418.43 for a total of$200,000.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2018 Storm Drain CCTV Inspection and Assessment Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 15,2018 City Counctil Consent Agenda for Appro al. MAYOR APPROVAL: ors- / ; 411,� s / , DIRECTOR APPROVAL: C11118 Co I 'tt:- T/ Council itial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward Option 1 to the May 15,2018 City Council consent agenda for approval. ge771-alee Mark op ,Committee-Blair J=•3:e Joh!.on,Committee Member Hoang T ,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award Schedules A, B and D of the 2018 Storm Drain CCTV Inspection and Assessment Project to Olson Brothers Pro-Vac, the lowest responsive, responsible bidder, in the amount of$195,581.57 and approve a 2.51%contingency of$4,418.43 for a total of$200,000.00 and authorize the Mayor to execute the contract." (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: May 7, 2018 TO: Land Use and Transportation Committee VIA: Jim Farrell,Mayor FROM• Marwan Salloum, P.E., Public Works Director /; Tony Doucette, SWM Project Engineer l'D SUBJECT: 2018 Storm Drain CCTV Inspection and Assessment-Bid Award BACKGROUND: Four bids were received and opened on May 1, 2018 for the 2018 Storm Drain CCTV Inspection and Assessment Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Olson Brothers Pro-Vac,with a total bid of$401,983.07. AVAILABLE FUNDING: The available budget for the 2018 Storm Drain CCTV Inspection and Assessment Project is$200,000 and is comprised of the following: • 2017 SWM CIP Assessment Budget(carry forward) $100,000 • 2018 SWM CIP Assessment Budget $100,000 TOTAL FUNDING AVAILABLE $200,000 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION AMOUNT A Adelaide,Lake Grove and Cold Creek $62,392.89 B Steel Lake, Laurelwood,Redondo and Redondo Heights $89,266.09 C Mirror Lake, Easter Lake,Mirror Lake Lakota $69,864.42 D Dash Point,Palisades,Twin Lakes North $43,922.59 E Twin Lakes South, Green Gables,Alderdale $136,537.08 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $401,983.07 There is not enough available 2018 Storm Drain CCTV Inspection and Assessment Project funding to award all of the Project schedules. Therefore, staff recommends awarding Schedules A, B and D of the 2018 Storm Drain CCTV Inspection and Assessment Project to Olson Brothers Pro-Vac,the lowest responsive,responsible bidder, in the amount of$195,581.57 and approve a 2.51%contingency of$4,418.43 for a total of$200,000.00 and authorize the Mayor to execute the contract. If project funding allows, staff recommends approval to add all or a portion of Schedule "C" back into the contract with the understanding that the total cost will not exceed the total funding available for this program. • Awarded Schedules(A,B and D) $ 195,581.57 • 2.51%Construction Contingency $ 4,418.43 ESTIMATED TOTAL AUTHORIZED COST: $200,000.00 k:\Iutc\2018\5-may 2018\05-07-2018 2018 storm drain ccty inspection and assessment-bid award.doc 00 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 > ro t' O O O .1 V N O O O1 t0 N O O t0 N 00 O O O1 0 O O O N in O N O O O 0 N 1, 0 0 .. et 1.0 0 0 .1 CO O1 0 0 01 V 0 0 01 01 01 N 2 , 0o0 j0 O Q Q O 00 j0 O V N O N ja O Q Ol N N A O 7 .1 N co N to .--i T O 00 ri .-i 01 t0 01 N .i al N Ol n .-i 0 C N 00 .-i Ol 0 N T N U C ti r-1 t0 n N O o M C .'I 00 CO t0 rt m t0 '� N N 1fN et 1 T 0 I- H N r .-1 N ,--I M r .1 N I- .-1 �"� .^i v .-1 00 C m vl - C u>N VT in{? 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'^ c c _ '^ c >>c _ti CT, c c 4 i 4_ c c E, U < 0 .o m u > 0n O m U u u 'O^ °000 v .- 0 -O^ m W o ft°u u 1 a1 � aLLuu 00 u of n 00 0 atiu u d a` aluu L A A A •p R iC L E .--� N M . v1 j E .1 N M 0t L .-� N m t .-� N m 7 'I' .-� N M V Y Y Y Y Y to 1.. to 1' N N to a. COUNCIL MEETING DATE: May 15,2018 ITEM#: 5d ....................................................................................................................................................................................................................................................... .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:BROOK LAKE CENTER CONNECTOR TRAIL AT WEST HYLEBOS WETLANDS PARK—30%DESIGN STATUS REPORT POLICY QUESTION: Should the City Council authorize staff to continue to design the Brook lake Center Connector Trail at West Hylebos Wetlands Park and return to LUTC and Council for bid authorization, award and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: May 7, 2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tony Doucette,P.E., SWM Project Engineer DEPT. Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7,2018. Options Considered: 1. Authorize staff to proceed with design of the Brook Lake Center Connector Trail at West Hylebos Wetlands Park and return to LUTC and Council for bid authorization, award, and further reports. 2. Do not authorize staff to proceed with design of the Brook Lake Center Connector Trail at West Hylebos Wetlands Park and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 15,2018 City Council consent agenda for appro .1. MAYOR APPROVAL: ' /f // DIRECTOR APPROVAL: /7 0'Com ittee Council Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the May 15, 2018 consent agenda for approval. i, / / Mark op% g,Committee hair Jere Joh. on,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to continue design of the Brook Lake Center Connector Trail at West Hylebos Wetlands Park and return to LUTC and Council for bid authorization, award and further reports. " (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: May 7,2018 TO: Land Use &Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum, P.E.,Public Works Director Tony Doucette, P.E., SWM Project Engineer fl SUBJECT• Brook Lake Center Connector Trail at West Hylebos Wetlands Park—30%Design Status Report BACKGROUND: This Project will connect the terminus of the West Hylebos Wetlands Park Boardwalk Trail to the Brook Lake Center property on the east side of Brook Lake. The project is entirely on City-owned property and will provide a second access point to the West Hylebos Wetlands Park Boardwalk Trail. The West Hylebos Wetlands Park and Boardwalk Trail are critical to Surface Water Management's (SWM)public education and outreach efforts, including the annual Storming the Sound with Salmon Release Event,which has grown significantly since 2014. Logistics, safety, and parking are a challenge as the number of students, school busses, education stations,and salmon fry to be released have increased each year. Presently,the Boardwalk Trail ends at the northern end of Brook Lake at the Brook Lake Overlook. Building the Connector Trail will connect the Brook Lake Center to the existing Boardwalk Trail and allow additional access to facilities for students and the 40+volunteers that sponsor education stations. Improved logistic efficiency during the release event will allow SWM to sustain the event and the completed Connector Trail will provide all City residents another access point to the Park. The following provides a brief synopsis of the progress on this project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks. • Topographic survey • Project Design to 30% Ongoing tasks include: • Joint Aquatic Resources Permit Application(JARPA)and Hydraulic Permit Approval(HPA) • Preliminary contract specifications • Project design to 85% PROJECT ESTIMATED EXPENDITURES: Design $50,000 Construction $150,000 10% Construction Contingency $15,000 Construction Management $10,000 Total Project Costs • $225,000 AVAILABLE FUNDING: SWM CIP Funds $232,872 Total Project Costs $232,872 cc: Project File COUNCIL MEETING DATE: May 15,2018 ITEM#: 5e ................................................................................................................................................................................................................................................................ .. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Lakota Park Stormwater Facility Repair Project—Bid Award POLICY QUESTION: Should City Council award the Lakota Park Stormwater Facility Repair Project to the lowest responsive,responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 7, 2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. SWM Manager ,'N" DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated May 7, 2018 Options Considered: 1. Award the Lakota Park Stormwater Facility Repair Project to Gary Harper Construction, Inc., the lowest responsive, responsible bidder, in the amount of$500,133.98 and approve a 10%contingency of$50,013.40 for a total amount of$550,147.38 and authorize the Mayor to execute the contract. 2. Reject all bids for the Lakota Park Stormwater Facility Repair Project and direct staff to rebid the project and return to Committee for further action. ................................................................................................................................................................................................................................................................................................................................................................................................................................ MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the May 15, 2018 City Council consent agenda for approval. MAYOR APPROVAL: I—I e /It' y 4 DIRECTOR APPROVAL: '111166 Committee Counci nitial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the option 1 to the May 15, 2018 consent agenda for approval. ,I , gir-IMA-fiall__--- ,n, Mark Kop, ng,Committee air Je-se Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Lakota Park Stormwater Facility Repair Project to Gary Harper Construction, Inc., the lowest responsive, responsible bidder, in the amount of $500,133.98, and approve a 10%contingency of$50,013.40,for a total amount of$550,147.38, and authorize the Mayor to execute the contract. " (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: May 7, 2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E.,Public Works Director Theresa Thurlow, P.E., SWM Manager SUBJECT: Lakota Park Stormwater Facility Repair Project—Bid Award BACKGROUND: Six bids were received and opened on April 2,2018 for the Lakota Park Stormwater Facility Repair Project. Please see the attached Bid Tabulation Summary. The lowest responsive,responsible bidder is Gary Harper Construction Inc. from Snohomish, WA,with a total bid of$500,133.98. AVAILABLE FUNDING: The available budget for the Lakota Park Stormwater Facility Repair Project is $579,000 and is comprised of the following: 2017 KCFCD Flood Reduction Grant $ 250,000 2016 SWM CIP $ 56,000 2017 SWM CIP Available Budget $ 53,000 2018 SWM CIP Available Budget $220,000 Total Available Budget $579,000 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: In House Design $0 2018 Construction $500,134 10%Construction Contingency $50,013 Construction Management(In House) $28,853 Total Project Costs $579,000 cc: Project File 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 01 m O O O O O O O O O O O vi Ni O O ul O O O O O O O O N .4 .0 u) O of m N N V 0 0 0 V O 0 0 0 N O O 0 ul .4000000c° of O O ut 0O N V O cr) n'1 N 00 O O 00 N O O M ul n V O rn lil c-1 1D V 00 V O u1 O M c-1 01 O 00 it CO 0 CO V N y U ul 00 CO N CO ul V e-1 O 4O 00 N n CO 00 Ni.-- . 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CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: West Hylebos Creek South 373rd Street Gravel Removal Project—Bid Award POLICY QUESTION: Should City Council award the West Hylebos Creek South 373rd Street Gravel Removal Project to the lowest responsive,responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 7, 2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow,P.E., SWM Manager Y DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated May 7, 2018 Options Considered: 1. Award the West Hylebos Creek South 373rd Street Gravel Removal Project to Northwest Cascade, Inc. DBA: Flohawks,the lowest responsive,responsible bidder, in the amount of$70,453.85 and approve a 6.45%contingency of $4,546.15 for a total amount of$75,000.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the West Hylebos Creek South 373rd Street Gravel Removal Project and direct staff to rebid the project and return to Committee for further action. .......................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................................................... . MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the May 15, 2018 City Council consent agenda for appWtq' .1. Ater; `� 4 � 110MAYOR APPROVAL. DIRECTOR APPROVAL: `N I7l15 C mime Coun it Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the option 1 to the May 15, 2018 consent agenda for approval. 1677140.4f- Mark Kopp ,Committee Chair J: se Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the West Hylebos Creek South 373rd Street Gravel Removal Project to Northwest Cascade, Inc. DBA: Flohawks, the lowest responsive, responsible bidder, in the amount of$70,453.85, and approve a 6.45% contingency of$4,546.15, for a total amount of $75,000.00, and authorize the Mayor to execute the contract." (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: May 7, 2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum, P.E.,Public Works Director Theresa Thurlow, P.E., SWM Manager SUBJECT: West Hylebos Creek South 373rd Street Gravel Removal Project—Bid Award BACKGROUND: One bid was received and opened on April 10,2018 for the West Hylebos Creek South 373rd Street Gravel Removal Project. Please see the attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Northwest Cascade,Inc.,with a total bid of$70,453.85. AVAILABLE FUNDING: The available budget for the West Hylebos Creek South 373rd Street Gravel Removal Project is $75,000 and is comprised of the following: SWM Fund $75,000 Total Available Budget $75,000 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: In House Design $0 2018 Construction Low Bid $70,454 6.5%Construction Contingency $4,546 In House Construction Management $0 Total Project Costs $75,000 cc: Project File ori° up 'ci O_ Q Q u'i ri 0 0 0 h u1 N C7 01 O o cO '4 Ln LI C:). 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U) ii Ln I- I- m Q m m m Ln V U c o 1 o r` Ln Ln Ln Ln Ln °1D \-*4 1 O C7N N\ N 0-I _ c O •- v ' 'l .-1,{ 0 0 O O fo' 00 0. I— ,..I 0 , ..1 m e » a-I N M Lr) l0 m OC m .,, ' COUNCIL MEETING DATE: May 15,2018 ITEM#. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RETREAT MEADOWS FINAL PLAT APPROVAL RESOLUTION POLICY QUESTION: Should the City Council adopt a resolution approving the Retreat Meadows Final Plat, (City File No. 17-104044-SU)? COMMITTEE: Land Use/Transportation MEETING DATE: May 7, 2018 CATEGORY: IQ Consent E Ordinance Public Hearing n City Council Business I Resolution El Other STAFF REPORT B m Harris, Planner DEPT: Community Development Attachments: 1. Resolution approving the Retreat Meadows Final Plat. 2. Retreat Meadows Final Plat Staff Report, May 7, 2018,with exhibits. Options Considered: 1. Approve the Final Plat and Resolution as presented. 2. Modify the Final Plat and/or Resolution and approve as modified. 3. Do not approve the Final Plat and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1 MAYOR APPROVAL: .1.s. _a.27 I/DIRECTOR APPROVAL: ,1111 4 „or ,„.." Co' mine: Coun Initia slate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 15, 2018, consent agenda for approval. Mark Kopp 4,4 , Committee Ch)r Jesse Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (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# RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Retreat Meadows Final Plat, Federal Way, Washington, File No. 17-104044-00-SU. WHEREAS, on February 16, 2011, the Federal Way Hearing Examiner conducted a public hearing on the Retreat Meadows Preliminary Plat application resulting in the report and recommendation of the Federal Way Hearing Examiner, dated March 2, 2011; and WHEREAS the Retreat Meadows PreliminaryPlat, Cityof Federal WayFile No. 08- 101729-00-SU, was approved subject to conditions on April 19, 2011, by Federal Way City Council Resolution No. 11-603, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, the applicant submitted the final plat application for Retreat Meadows within the required 7-year completion time pursuant to RCW 58.17.140(3); and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 11-603; and WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the CommunityDevelopment Department Staff Report, dated May 7, 2018, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Retreat Meadows Final Plat during its meeting Resolution No. 18- Page 1 of 4 on May 7, 2018; and WHEREAS, the City Council reviewed and considered the application and staff report for the Retreat Meadows Final Plat during the City Council's Meeting on May 15, 2018. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Retreat Meadows Final Plat, City of Federal Way File No. 17-104044-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated May 7, 2018, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 11-603, dated April 19, 2011, have been satisfied, and/or satisfaction of the conditions have been Resolution No. 18- Page 2 of 4 sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20-135. 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid,prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Retreat Meadows Final Plat, City of Federal Way File No. 17-104044-00- SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 18- Page 3 of 4 Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 18- Page 4 of 4 CITY Or Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO LAND USE & TRANSPORTATION COMMITTEE RETREAT MEADOWS FINAL PLAT Federal Way File No. 17-104044-00-SU Report prepared by Jim Harris,Senior Planner,May 7,2018 RECOMMENDATION Approval of the Retreat Meadows Final Plat is recommended(Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. II SUMMARY Meeting Date: Land Use/Transportation Committee-Monday,May 7, 2018-5:00 pm. Plat Location: King County Parcels 302104-9021, 302104-9058,302104-9082,and 302104-9020. Parcels are located along the south side of SW 356th Street at 2nd Avenue SW(Exhibit B). Description: Retreat Meadows is a proposed 56-lot single-family residential subdivision on approximately 14.6 acres.The Retreat Meadows preliminary plat application was granted approval by the Federal Way City Council on April 19, 2011, per City Council Resolution 11-603 (Exhibit C). Access to Retreat Meadows is via both SW 356th Street and 1 st Avenue South onto a new roadway system within the plat.All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project, have been constructed or are financially guaranteed. Owner: Landmark Homes Inc. David Litowitz 2715 64thAve NE,#B Tacoma, WA 98422 iV . g im Surveyor: Beyler Consulting - ;----1".-47-1-orr-, Thomas Gold ., .1 4 e/77-7-'h..7-r- GE, riv,30 sr!I it' 1:21; 7602 Bridgeport Way W. Suite 3D '1;77-• irT,V -' Lakewood, WA 98499 4117 Water: Lakehaven Water and Sewer District VVrVJ Sewer: Lakehaven Water and Sewer District 1 14 iir3 i I VVV Fire District: South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan and zoning designation for the subject property is Single Family High Density Residential and RS 7.2, respectively. The Retreat Meadows plat is a standard subdivision with a minimum peiniitted lot size of 7,200 square feet. The lot sizes on the final plat range from 7,204 square feet to 9,025 square feet. The 56-lot Retreat Meadows Preliminary Plat was granted approval by the Federal Way City Council on April 19, 2011, per Resolution 11-603. The 14.6-acre subdivision includes tracts for storm drainage, lot access, landscaping, and future access to adjacent property. The applicant submitted a final plat application on August 21, 2017, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Chapter 18.40 of the Federal Way Revised Code(FWRC),the City Council is charged with determining whether: 1)the proposed final plat conforms to all terms of the preliminary plat approval; 2)the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3)all taxes and assessments owing on the property have been paid; and 4)all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the Retreat Meadows Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. Al! applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWRC 18.40.040. A proposed resolution to approve the Retreat Meadows Final Plat is enclosed (Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval(Resolution 11-603). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040 and identified by staff responses following each condition. 1. The applicant shall submit a final landscaping and tree replacement plan, as a component of engineering review, meeting the requirements of Federal Way City Code(FWCC)22-1568. Staff Response—This condition has been met. Landscape plans meeting this condition were approved by the Community Development and Public Works Departments. 2. Covenants associated with lots set aside for affordable housing shall be recorded concurrently with the final plat. Staff Response—This condition is inapplicable to the final plat. No affordable housing covenant is required as the applicant opted to not implement the lot size reduction incentive in the FWRC. Since the applicant decided not to utilize the affordable housing incentive, all of the lots in the plat are required to meet the underlying minimum lot size of 7,200 square feet. Staff Report to Land Use&Transportation Committee Page 2 Retreat Meadows Final Plat File No. 17-104044-00-SU/Doc.I.D. 77300 3. The applicant shall include a plat note requiring approval from the Community Development Department for any proposed vegetation removal in the landscape tracts. Staff Response—This condition has been met. A note to this effect is included on the final plat map. V STATE ENVIRONMENTAL POLICY ACT(SEPA) The City issued a Determination of Nonsignificance(DNS) for the proposal on May 13, 2009. VI DECISIONAL CRITERIA Pursuant to FWRC 18.40.050, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA determination have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The plat meets the RS 7.2 zoning standards in effect at the time the application was determined to be complete. The lot sizes exceed the underlying minimum lot size requirement of 7,200 square feet for single family lots in the RS 7.2 zone. Construction of the plat infrastructure is substantially complete and as provided in FWRC 18.40.040,performance and maintenance bonds are in place for the entire plat and off-site improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to,the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to schools and school bus stops,provisions for open space; drainage system installation; water system installation;sewer system installation; and street improvements. The final plat provides a landscape buffer along SW 356"Street, and provides an open space fee to the City as required and permitted by FWRC. Staff Report to Land Use&Transportation Committee Page 3 Retreat Meadows Final Plat File No. 17-104044-00-SU/Doc,I.D.77300 The final plat provides 0.44 percent of the site in buffer open space (Tract D). The applicant has proposed to pay a fee in lieu of providing the remaining 14.56 percent of required open space on site. In order to meet the FWRC required minimum 15 percent open space standards,prior to recording the plat, the applicant shall pay$113,422.00 for the required open space fee-in-lieu in the amount of 14.56 percent of the assessed land value of the gross land area. ($779,000 assessed value/14.56 percent = $113,422.00). 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Retreat Meadows have been constructed and a maintenance bond is in effect. In addition, sewer lines have been installed and approved in a letter dated April 9, 2018, by Lakehaven Water and Sewer District, and water lines have been approved by Lakehaven Water and Sewer District in a letter dated April 9, 2018. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Retreat Meadows meets all platting requirements of RCW 58.17.110 and FWRC 18.40.050. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWRC 18.40.040. The project has been developed in conformance with Resolution 11-603, approving the Retreat Meadows Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS Exhibit A Reduced Copy(81/2 x 11)Retreat Meadows Final Plat Exhibit B Vicinity Map Exhibit C Resolution 11-603 Retreat Meadows Preliminary Plat Approval Exhibit D Reduced Copy(81/2 x 11)Approved Retreat Meadows Preliminary Plat Exhibit E Proposed Resolution Approving the Retreat Meadows Final Plat Staff Report to Land Use&Transportation Committee Page 4 Retreat Meadows Final Plat File No. 17-104044-00-SU/Doc. I.D. 77300 RETREAT MEADOWS PLAT SHEET 1 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON APPROVALS DEDICATION DEPARTMENT OF PUBLIC WORKS KNOW ALL PEOPLE BY THESE PRESENTS THAT WE,THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY EXAMINED AND APPROVED THIS DAY OF ,2018. SUBDIVIDED,HEREBY DECLARE THIS PIAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES,AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES,AND PUBLIC WORKS DIRECTOR FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON,INCLUDING BUT NOT LIMITED TO PARKS,OPEN SPACE,UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PUT AS BEING DEDICATED OR CONVEYED TOA PERSON OR ENTITY OTHER THAN THE PUBLIC,IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS,OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED,WAIVE AND RELEASE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED,ANY AND ALL GAINS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY,ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED SY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES THE DESIGN,ESTABLISHMENT,CONSTRUCTION,OPERATION,FAILURE TO OPERATE,OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS,ALTERATIONS OF THE GROUND SURFACE,VEGETATION,DRAINAGE OR SURFACE OR SUBSURFACE EXAMINED AND APPROVED THIS DAY OF ,2018. WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAY'S REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED,AGREE FOR THEMSELVES,THEIR HEIRS AND COMMUNITY DEVELOPMENT DIRECTOR ASSIGNS TO INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY OF FEDERAL WAY,ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY DAMAGE,INCLUDING THE COSTS OF DEFENSE,CLAIMED BY PERSONS WITHIN OR WITHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN,ESTABLISHMENT,CONSTRUCTION,OPERATION,FAILURE TO OPERATE,OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS,ALTERATIONS OF THE GROUND SURFACE, VEGETATION,DRAINAGE,OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAY'S REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME.PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY,ITS SUCCESSORS OR ASSIGNS FROM LIABILITY FOR DAMAGES,INCLUDING THE COST OF DEFENSE,RESULTING FROM AND COUNCIL TO THE EXTENT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY,RS SUCCESSORS OR ASSIGNS. FEDERAL WAY CITY COUNCIL THIS SUBDIVISION,DEDICATION,RELEASE,INDEMNIFICATION OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. EXAMINED AND APPROVED THIS_DAY OF ,2018. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. 356TH MANAGEMENT LLC -- MAYOR BY: ATTEST'. ITS; CRY CLERK ACKNOWLEDGEMENT STATE OF WASHINGTON j )ss COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE KING COUNTY DEPARTMENT OF ASSESSMENTS OF 356TH MANAGEMENT LLC,THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT,AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID EXAMINED AND APPROVED THIS DAY OF _ ,2018. COMPANY,FOR THE USES AND PURPOSES THEREIN MENTIONED,AND ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT ON BEHALF OF THE COMPANY. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF ,2018. KING COUNTY ASSESSOR DEPUTY COUNTY ASSESSOR NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON ACCOUNT NUMBERS:302104-9020,-9021,-9058,AND-9082 MY COMMISSION EXPIRES FINANCE DIVISION CERTIFICATE LEGAL DESCRIPTION I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID,THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION,AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED PARCEL A TO THIS OFFICE FOR COLLECTION ON ANN OF THE PROPERTY HEREIN DEDICATED AS STREETS,ALLEYS,OR FOR PARCEL 3021009021: OTHER PUBLIC USES ARE PAID IN FULL THIS DAY OF ,2018. THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON; EXCEPT THAT PORTION WITHIN LINO ROAD AND SOUTHWEST 356TH STREET;AND EXCEPT THAT PORTION THEREOF MANAGER DEPUTY CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9001100184. PARCEL B PARCEL 3021049058: THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY WASHINGTON;EXCEPT THE NORTH 300 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SOUTHWEST 356TH STREET(LINO ROAD)BY DEEDS RECORDED RECORDER'S CERTIFICATE UNDER RECORDING NUMBERS 698892 AND 2760469; FILED FOR RECORD AT THE REQUEST OF 356TH STREET MANAGEMENT LLC,THIS DAY OF TOGETHER WITH THE WEST 30 FEET OF THE NORTH 300 FEET OF SAID THE EAST HALF OF THE EAST HALF OF THE WEST 2018,AT MINUTES PAST M.AND RECORDED IN VOLUME OF HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST, PLATS AT PAGES W.M.,IN KING COUNTY WASHINGTON;EXCEPT PORTON CONVEYED TO KING COUNTY FOR NORTHWEST 356TH STREET (LIDO ROAD)BY DEEDS RECORDED UNDER RECORDING NUMBERS 698892,2760469 AND 8910160168. RECORDING NUMBER: KING COUNTY RECORDER: _ PARCEL C FEE: BY; _ PARCEL 3021049082: ' THE NORTH 300 FEET OF THE EAST HALF OF THE EAST HALE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD;AND EXCEPT THE WEST 30 FEET THEREOF; AND EXCEPT THE NORTHERLY 12 FEET CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 8910241010. PARCEL D PARCEL 3021009020: THE SOUTH HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. (ALSOKNOWNAS20090903900001.)LOT00T 3 KING COUNTY BOUNDARY LINE ADJUSTMENT NO.OB-101306-00-SU,RECORDED UNDER RECORDING NO. OFCAII�/STY/O SITUATE IN THE CITY OF FEDERAL WAY,COUNTY OF KING,STATE OF WASHINGTON. (THE ABOVE DESCRIPTIONS FROM STATUTORY WARRANTY DEEDS RECORDED UNDER RECORDING NUMBERS PA y I� 2(10609010013]2 AND 20120810002195.) /G CL SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF RETREAT MEADOWS IS BASED O UPON AN30,ACTUAL SURVEY ail 1�'/E AND OWS IS BAS OF SECTION 30,TOWNSHIP 23 7V� NORTH,RANGE 4 EAST,W.M.,AS REQUIRED BY B E Y L E R STATE STATUTES;THAT THE DISTANCES, COURSES,AND ANGLES ARE SHOWN THEREON $, r CORRECTLY;THAT THE MONUMENTS SHALL BE SET ��(a� AI . CONSULTING AND LOT AND BLOCK CORNERS SHALL BE STAKED CORRECTLY ON THE GROUND,AND THAT I HAVE J Plan.Design.Manage FULLY COMPLIED WITH THE PROVISIONS OF THE , CONTACTSTATE AND LOCAL STATUTES AND REGULATO PHONE: 253-3 -415] OFFICE GOVERNING PLATTING. ' CITY OF FEDERAL WAY FILE NO. 441111. FAX;253-336-395010 0920 100TH ST SW,STE 25 T 4 OORL Iyp beylerconsulting.com IAKEWOOD,WA 98499 17-104044-SU , m DOWN.BY: CHIC.BY: JOB NO: DATE: SCALE: EBR [gold 16.394 03/09/2018 AS NOTED RETREAT MEADOWS PLAT SHEET 2 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY, KING COUNTY,WASHINGTON IU) Lu ENCASED MONUMENT Q ENCASED MONUMENT NORTH 1/16 CORNER N 1 (F)"\ 0 i(3)(0)(B) ENCASED MONUMENT—\ W P)(0)(F)(B) QENCASED MONUMENTS \ N (J)(F) _ N 88°50'01"W 604.88' . R_286489'L#:94R.S:242:34:583°6LIT31-1294S3TARE — )_ � ET pV' /— — a = �°41'll" _ ii I — — = _ cu��l•1�wtm ) ( SLOPES AND UTILITIES EASEMENT SE WALL AND UTILITY 2 I I 1 SEE RESTRICTION U,SHEET 8. / R REC.NO.8910241011. EASEMENT PER REC.NO. ry hn 9001100188.SEE 30'PUGET POWER EASEMENT REBAR AND CAP#19635(0) 1N°ti RESTRICTION 5,SHEET 8. TRACT E I PER NEC.NO.8007170518. c,Oh,�. SLOPES&IITILITIES� I SEE RESTRICTION 2,SHEET S. LyV~� S EASEMENT PER REC.N0. 3 I 15'INGRESS,EGRESS&UTILITIES ?O °' 8910160169.SEE I 4 EASEMENT PER REC.NO.9108151496. 42' 46, OSS RESTRICTION 3,SHEET 8. I -,- SEE RESTRICTION 6,SHEET 8. o r 7 I IARC LCI I w APPROXIMATE LOCATION OF INGRESS,EGRESS& n AREA TABLE a UTILITIES EASEMENT PER 6 11 5 c m REC.NO.9108190218. I I -E Z PARCEL SF4 SEE RESTRICTION ET 8. —— I-i? L:7 OO 1 8413 9 C�' I - m °9.7%. E 2 9025 B TRACT A .4 °6i LOT 1 ,., v °A REBAR AND CAP#19635(0) 13 3 8292 PARCEL 3021049125 1O ,,'"/O 4 7518 30'PUGET POWER � . OsH' Q EASEMENT PER REC.NO. 10 I 56 _ ..,94/:' 1 (n 5 S 7415 9210050868.SEE L F. 4ppG - —LU V1 6 7205 RESTRICTION 8,SHEET 8. I I Ti > Q J 7252 APPROXIMATE LOCATION OF X11 I� I 55 z PARCEL SF4 TRACT PURPOSE OWNERSHIP_ I Ia" w US WEST EASEMENT PER I 8 8106 REC.NO.9304141893.SEE �„ m TOTAL SITE 635,290 TRACT LANDSCAPING& PRIVATE (n RESTRICTION 10,SHEET e. I .. TOTAL LOTS 930,868 FUTURE ACCESS TO I�' 9 7239 - Ti$ PRIVATE ALLEYS 8,781 ADJACENT PROPERTY 10 7211 Ob p�� .i 12 r 1"i I-^' STORMWATER 46,037 TRACT B DETENTION POND PUBLIC 6°- - p. 1 O m RIGHT OF WAY 142,834 TRACT C DETENTION POND PUBLIC 11 7270 Q R°9 rI 54 53 52 LANDSCAPING/ TRACT D LANDSCAPE BUFFER PRIVATE 17 ° - I I OPEN SPACE/ TRACT E ALLEY PRIVATE 12 7288 4,10 LOT 2 13 1 , RECREATION TRACT F ALLEY PRIVATE ILO 13 7359 P4"` PARCEL 3021049164 14 (TRACT A 8 DJ 6,770 30' ry 14 73590.�° �� ( 358TH ST -S 358TH 15 7380 - - 14 N 899)2'04"W 327.99' - SW w STREET 16 7490 z SW 358TH ST� - - 411 ^ 17 7466 142,834.SF RIGHT OF I I / at WAY DEDICATED TO THE IS / L ,e 18 7316 CTR'OF FEDERAL WAY Iin 1 q7 N REBAR AND CAP#19635(0) Z 19 7219 , I 93 qq OS 46 REBAR AND CAP#19635(0) 34' 20 7219 16 11.1W LOT B > I UQLOT 1 21 7219 PARCEL 3021099121 Q J PARCEL 3021049156 22 7219 o I 42 51 0. TRACT B I 23 7861 WEST UNE EAST1/2 1J IN F H 29 7494 SE1/4 NE1/4(S)(L) . 41 50 .91 _- - - - - zs 7261 LOT 358TH PL 26 7253PARCEL 3021.9009 Li 27 7204 b. R5'1h eq°°ry, —� 40 49 ^B op°°pA y0^°� 28 7242 4.L�V,O'- ° PARCEL A 'PARCEL B— PARCELID 05'0'9 v�Fe"e 29 ]293 �pO pO. 18 39 48 33 —L P?Spry Yy00° 30 7962 p4' \0O ry° 19 I (._aO 31 8679 REBAR AND CAP Iry 3z - OpO., 32 8690 #16213(L)(S) 138 37 36 35 34 N LOT 3LOT4 33 8692 20 I 5 PARCEL 3021049157 1 PARCEL 3021049158 130' 34 7418 LOT A 2 PARCEL 3021049126 "i I -2 31 I ' I 35 7293 I 36 7292 WEST 30'GAS EASEMENT 21 SW 359TH PL I PER REC.NO.9302100443. 37 7293 SEE RESTRICTION 9, I I SHEET 8 38 7974 . i I - - - - 22 39 8498 I I 40 8499 124 25 26 I 27 28 29 30 TRACT C PARCEL 3021049092 41 8500 23 42 8501 43 7412 N 89°07'11"W 605.57' I N 89°07'11'W 327.82' I- 10'PUGET POWER EASEMENT 44 7270 / PER REC N0.]709260766. 45 7303 -- REBAR (5) REBAR AND CAP#19635(0)J !/ SEE RES RICTION 1,SHEET S. EAST 1/4 CORNER In 46 7335 SOUTH UNE SE1/4 NE1/4(0) / REBAR AND CAP#19635(0) I= BRASS IN CONCRETE DOWN 0.7' . 97 7547 IIIANEE JR HIGH SCHOOL I H (G)(F)(B) 48 8480 PARCEL 3021049013 I 0 LD 99 8480 I M 50 8480 I I IA\ 51 8480 Q. FOUND MONUMENT AS NOTED MARCH 2016 BASIS OF BEARINGS 52 7979 v 53 7411 0 FOUND REBAR AND CAP AS NOTED MARCH 2016 ASSUMED:THE BEARING OF THE EAST UNE OF THE 54 8416 (0) PER FEDERAL WAY BLA 20090903900001 NORTHEAST QUARTER OF SECTION 30 FROM THE EAST QUARTER CORNER TO THE 1/16TH CORNER IN 55 7553 SW 356TH STREET IS NORTH 0142923"WEST. (5) PER FEDERAL WAY BLP 199208079001 56 7335 t■�■ ROW 142834 (L) PER RECORD OF SURVEY 198704019007 I I� TRACTA 3925 (0) PER RECORD OF SURVEY 20150304900002 EQUIPMENT USED ///��J� lAtlt��tfff__ ^7777 iii999 ��, TRACT B 28551 TOPCON TOTAL STATION.STANDARD FIELD TRAVERS((,j d\ ��_ (F) PER RECORD OF SURVEY 20071115900005 METHODS FOR CONTROL AND STAKING. r/6-il TRACT C 17486 TRACT D 2845 (3) PER JOHN ROE ADDITION TRACTS 4346 (M) MEASURED DIMENSION THIS SURVEYai Wq V' �. 41 JOB NO: DATE: TRACT F 9435 16.394 03/09/2018 `" r RC 100 50 0 100 200 c / SCALE: 1" = 100' BEYLER III, CONSULTING CONTCT CITY OF FEDERAL WAY FILE NO. 17-104044-SU ® m phone:25 phone:253-301-4157 OFFICE fax:253-336-3950. 5920 100th St.SW Ste.25 beylerconsultIng.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 3 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON I(f) W a R=2864.88' Q W L=1.60' z Q - 0=0°01'55' I IN i - I _-________ L=635.56'6=12°42'39' -f FI oi �� SW 356TH STREET WAY DEDICATED TO THE CITY OF FEDERAL WAY 1 8=2822.88'L=329.43 0=6 41'11' I I -72-811.-g-08,-, L=270.28'6=5°30'26"__ -P_ N _11_ C 1 f _ EDICATIO [' __ ROWDI --- 7 rel _ __ L=290.78'6=5°56'46" / ER 2801.81 =139.85.- °5135" J T^ACT D {ANDSCAPE BUFF o FI- �7}. =2 I .ti > TRACT �=150.94_6=3°05'12 I i \ Co,' I I 'A V> I r vI W I LOT 1 I I a j D 1 I m Iz LOT 2 w I I < I W o m SETBACK LINE TABLE a,I L231 g L �- 1 Q a t - - - - - LINE St LENGTH DIRECTION ^11 �• N 88°33'35"W 145.17' J Q Z L - -_ - - L21 o 110• 50.00 N88°33'35"W • - - - - - J - I 1 2 1TRACT E �L� J I N u-I I 111 15.00 51°26.251W - - _N 88°33_35"W 149.95_ _ _ •o PRIVATE ALLEY /4 Z\ ce 112 18.67 x88°33'35'W 120 I I PRIVATE UTILITES EASEMENTS Il C �'' W L13 2.92 877 32'34^w oI -1148 m le_ - N 88°33'35"W 143.94' a 1 L14 13,0 N58°43'14^W LOT 3 L17 --r i 115 46.98 S31°16'46"W vNil �Z .. I I p 116 44.54 639°33'20"E .y10/ \I / / 0 N ID 117 4.32 N1°26'25'E L_ - q4,'5: ,,\ IN I I LOT 4 / /a 6.. L18 15.00 988°33'35"W • / SIL' \ /M n L___/ _ N 88°33'35"W__103.79'_ ✓ q I y i ti v L19 15.00 N1°26'251E n (� �"j/ \f•51918N...„. l n -.2D 124.95 N88°33'35"w o I / / tl� / / ^,b I° ry L21 12,95 N88°33'35"W N. I /y / Ory o ° o / L22 15.00 51°2625^W H b / ^� \ I \ ,3403: / / q• Z Z L23 10.00 N88°33'35"W �I LOT 7 �� 6� \ LOT 5 j vo o / V .a o. 124 42.17 Sl°2625"W12 T0'b \ \ Z ^ _/ \ Sot / /�'y•„', • vb/ L10 JI 4 < � 64 / l''';':);\ • N 88°33'355"W 76.12' L �P. r - 60.00' 16.11' N. I N. 4 I / y 20 °° I o. 1 20'-o �N LOT 6 \3s• / o by "^ 3�. ti /�U y\ I\ \/ ids °° a W LS S2',`, /,cL,1y / tioo'i~ Q I -� OL V rya' ? 1 1 \ �2Viole,�90 �r o )/ '/ o :eV�L_ �I LOT 9 i N N y 9 Ti" •°' °o �ti el 1 \026 7Fss9A1 �. / ♦\/./09''',4';'' ,4'S / - - - - rvI _ \vo. sF /b- 2 �` ti 4F - 1 il 2I �� s I 'j 6 y. � I � \ 5 o- I . I z aI 7\tel, I .I ,('• 5. TRACT A N. 1 °° 4, �° s,.°,:., �5 LANDSCAPING LOT 8 0 o aJ D2 &F TURE ACCESS I ..4"v ryo I� 4, TO ADJACENT / / Z,q/ J tLON �Y 1 SO2 PROPERTY v O /�� 6. • • 20.86' L ��00• 7,,,./1.;,,,,,:,,,„.:-= m 4a n °� -N 88°33'35"W 80.86__6....,-4.7.59;-.. / a, °°b y , // / ',94. N. • • oI LOT 10 a Iym° /^ / LOT 56 og�,• I . 4 1 L _ ?,,,,f,,,,,!...?.:,,,;:5 v o / e l / A ys • -- --/ %woo 4/ oqi / \ °?, N8821 .35"33W 130.23' _ / 2� "ty ,' /I \64°�\ - - - o I a 7/ • SEE SHEET 4 o �j� LOT 55 \�N I N �V , \ N� Al ZC/qN I / 51,..7<.6.,9,9"_ 10.56' LEGEND BACK v N 88°32'31•W 101.25' ® CENTERLINE MONUMENT TO BE SET r T ....1 r 50.00' r_ 51.25' • REBAR AND CAP'TGOLD 22016'TO BE SET L 5 SE • PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION I. rifi'l l PIT 1}T-, TYPICAL BUILDING Q2 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. SETBACK LINESPAGE 3 OF 8 -, • ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. OL, PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 4. H 5' 5'-1 /'� QS PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. 3ri 6Q JOINT UTILITY EASEMENT.SEE SHEET 8.EASEMENT P9051510 6. �' 308 NO: DATE: 16.394 03/09/2018 ON LOTS WHERE THERE IS ��4 1 i�' STREET FRONTAGE ON TWO I: 30 15 0 30 60 SIDES,THE STREET SIDE��1,!1l 1 aC 1 SETBACK n IO'. SCALE: 1"=301 l- - - `r BEYLER CONSULTING CITY OF FEDERAL WAY FILE NO. 17-104044-SU CONTCONTACTphone:253-301-4157 OFFICE FRONT fax:253-336-3950 5920 100th St SW Ste.25 beylerconsulting.conR Lakewood,WA 98499 SHEET 4 OF 8 RETREAT MEADOWS PLAT IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON 1- - - - - - - - - --/ / • N 88°33'35"W 130.23' .S/y FF � 7 ' M EFT 3 I / 0 of n LOT 11 / f e / 1° / I / 4j 6.09 '....1---r L J / %1 X61 -� n N 88°32'31"W301.25' • N 88°33'35"W 114.47' -`'' 50.00' 51.25' • / . �� 1 I ory a1 I I 1 L :12 � IJa e-J�, of F e N 88°33'35"w Viso LOT 54 DI LOT 53 �1 LOT 52 0 ID, q of o zi z1 ' of LOT 13 I Fs''l l 1, 1 g zt 33, Il 1 11 LR,' 301 30• I- L _ — J I� — — J • N 88°33'35"W 111.50' I 2 2 I J /,moi 10•_ n z z 76\� 142,8341 SF RIGHT OF -T _ - 5• / 31.26' I 50.00' 49.97' WAY DEDICATED TO THE I I • N 89°02'04"W 1131.25' ZLJ` r CITY OF FEDERAL WAY I (# ' I I SW 358TH ST Pi e _ LOT 14 ROW DEDICATION H N �I I 1 S 89°02'04"E 372.46' — w\I — W N W -2 . oo N o N 88°33'35"W 111.50• W • N 69°02'04"W 135.65' .0 1 W (� • • z,0 • N 85 {/l 40.91' 63.04' b 63.04' 1 1 I -_r r LOT 15 3o - —i — — — -- r— — --I - -, r— �� 26' 1 1� I I-.. I I I I �I '^ I in P I I IL I;' I I� M — — w N 88°33'35"W 112.58'—I ! LOT 43 1w I 1m I LOT 45 lw '04 L_ - LOT 44 Zr I X61 1-,'Z I I' 1 18 I la is LOT 16 3 ? I 1 1 I IZ I zgl 1 1 I I 1 1 ° , LU O _ �L o c Q A • i— 65.70' J• L —63.01'— • 31.69' • 31.31' •L z z rc l N 88°33'35"W 160_40' • N 88°33'35"W 114.39' 0 1 mr • N 8 FI LOT42 i '.'lI 1 -I � 11 i 1LOT 17 Ii 1- �–I J zL 1 I 26' 26'w• • j N 88°33'35"W 160.38' ' _1 1 1 I . 1 n ,.,.IFo GM ° 0 1 1 • N 88°33'35"W 90.50' 8 ' 1 LOT 41 1 !'lL- SW 358TH PL N1 1 I I ^' ROW DEDICATION 1 N 88°33'35"W 4 l �11 5 1 1.50' 30'I _I;. I N 88°33' • r 35"W 160.37' SEE SHEET 5 C5.1 Ii I I , 1 a SEE SHEET 5 LEGEND = BACK ® CENTERLINE MONUMENT TO RE SET • REBAR AND CAP-MOLD 22016"TO BE SET APUBLIC WATER AND SEWER EASEMENT.SEE SHEET S.EASEMENT PROVISION 1. TYPICAL BUILDING l 1 IT IA Q2 ACCESS AND UTILITY EASEMENT.SEE SHEET B.EASEMENT PROVISION 2. SETBACK LINES Q3 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. PAGE LI OF a Q PRIVATE WATER a SEWER EASEMENT.SEE SHEET S.EASEMENT PROVISION 4. H 5' 5' *-I9 IYpI� LT/� QS PRIVATE WATER B SEWER EASEMENT.SEE SHEET S.EASEMENT PROVISION S. _lA Q JOINT UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 6. JOB NO: DAT E:3/09/2018 0 03/08 9/2016 ON COTS WHERE THERE tS ;:k i A STREET FRONTAGE ON T 4y0 30 15 0 30 60 SIDES,THE STREET SIDE SETBACK IS IO' �' s SCALE: 1"=30' — / IV BEYLER ^' 1 CONTACT CONSULTING CITY OF FEDERAL WAY FILE NO. 17-104044-SU o "` phone:253-301-4157 OFFICE FRONT fax:253-336-3950 5920 100th St.SW Ste.25 25 beylerconsulRng.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 5 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M. CITY OF FEDERAL WAY, KING COUNTY,WASHINGTON SEE SHEET 4 SW 358TH PL ROW DEDICATION 5T I 35 N 88°33' "W 141.50' 1 v �1,J1.J L _ �� • 10'-i--.11}— N 88°33'35"W 160.37' I �51mr • L� to i I fl N 88°33'35"W 90.50' a 1 LOT 40 z v -T TT-- cs 1 1 I L1 1 I1 JI =L �I 1 1 , • LOT 18 1 I 1 N 88°33'35"W 160.35' or 1 I i M, L — j i m I r 11 LOT 39 I WI • N 88°33'35"W 115.50'— I I NI 1 illif 1 in 1 I LI I "m'• I — •N 88°33'35"W 160.34' �� L_ 165170' 62_99' • • m 31.64' �� LOT 19 I 26' 26' n — — 43 a 11 Z 1 to IL • —N 88°33'35"W-115.50' 1 I m 1- I, I 1 LOT 38 I� I LOT 37 LOT 36 1D L5 I 1,',,' Iin h �! LOT 20 I �z (z I I SD I lO I H T I — J L_ L1 — - - - — _ = N 88°33'35"W 115.50' in I C"j\'- 6� (f)_ I _ 40.70' 62.96' W 1 62.96' V) o• N 88°33'35'W266.31' Z 142,8343 SF RIGHT OF WAY I - DEDICATED TO THE CITY OF z LII o FEDERAL WAY # Z LOT 21 I — L N 88°33'35"W 1317.31' kle l I I I- SW 359TH PL L J ROW DEDI TION I-\1 5 Z-1 N 88°33'35"W�266.31' • N 88°33'35"W 115.50' z • I• 31.50' L 1 I I 6 1 f-37.5' 54.00' b •54.00' 54.00' • 7 -1 IH I _ I 1 --� - - 7 L-- - - -1� 7 - - -1 7 I LOT 22 1 1 w o I 1 I I I I I I I �I 1 z g1 " 1 1 I _i I L W • N 88°33'35 W 115.50' 1 Q D °.-. I o l v1 1 ml til rij nl z w LOT 24 I wl LOT 25 Al LOT 26 Di LOT 27 I w1 L N I � 1 Ito SI ry1 Ir41 ',21 LOT 23 i i I I z i z1 z z1 I:81 111 781 'Zi I L I 1 1 1 1 1I l 155.51- — — — — - — 26.00' • 26.00') 4-- ! — — — r • i 156.50' • 54.50 • 54.00' • 54.00' N 89°07'11"W 655.57' LEGEND BACK ® CENTERLINE MONUMENT TO BE SET L • REBAR AND CAP-TGOLD 22016"TO BE SET 5 ® ®{� IQ PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. TYPICAL BUILDING I fE,) I Q2 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. I SETBACK LINESPAGE 5- 0 ei /A' Q3 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. V ,L PRIVATE WATER a SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 4. 5' APRIVATE WATER 8,SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. ) ' 201; 708 NO: DATE: 6Q JOINT UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 6. A 16.394 03/09/2018 ON LOTS WHERE THERE IS �C7�;. STREET FRONTAGE ON TWO 30 1$ 0 30 60 SIDES,THE STREET 510E SETBACK IS IO'. �I , I,/ SCALE: 1"= 30' L– — BEYLER 1 CONSULTING 2 CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU Phone:253-301-4157 OFFICE FRONT fax:253-336-3950 5920 100th St.SW Ste.25 beyleroonSUltin9.00m Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 6 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON J SEE SHEET 7 — — — — — — — — — — — J I ml — __ _ —N 88°31'26"W 160.00_ — — — — - 1 � _� uTo O M I NI LOT SO c w,94 PIU uw N TRACT B m I "^ w� C1^ DETENTION POND ry J �� — - - - - - - - - I a 3� Z _ H2o z z Ln z N 88°31'26"W 160.00' _ 1-1 io J !'l LOT 49 1 - NI N 88°32'31'W 115.90 c I i 8r — _ _ —N 88°31'26"W 160.00_ — LLO V J I ,-F LOT 33 to - LOT 48 - R o# I h i I I2 ma3 J =1 — map I L J — — _ N 88°31'26"W 160.00' ~O w N 88°32'31"W 115.88' I— _, 63,00' 65.65' a I r 1 II I 11 I I ol LOT 32 6 LA IP::'"; I I 6. 26' 26' I In W LOT 35 Iw I LOT 34 j m I I I I hI 5�C`of _ J z Ito N 88°32_31"W 115.86_ = I X15 — i Il1111' — — — — —'J Lr I -- � to 1^ -' C, / LOT 31 P. 63.00' / / I— 36.69' h4, 6 i m OJ N 88°33'35"W 266.31' h0LU yy400 00 / / fn N $9/c"i 4P NN 88°33'35'W 317.3 /gb�� ry,Y0`. <g I m SW 359TH PL ,X8'' "S�° N 88°32'31"W 103.81' J a ROW DEDICATION N 8�0� (> ../ +j`res, z 0.' ^B' "1, N 88°33'35"W 266.31' i� \7 54.50' 18.31' C9 / I — — — — — I — — II II , ISIISI ol Wil IMI ,...1 LOT 28 I NI LOT 29 u, LOT 30 TRACT C ki DETENTION POND I '4I 4 L.I s =i H. =1 I z II 1 1 II II 1 1I 54.50' L=7-54.00' J T 54.00' I 107.04' N 89°07'11"W 655.57' I— — — — — in II LEGEND O BACK MD ® CENTERLINE MONUMENT TO BE SETT _ P1• REBAR AND CAV"TOOL°22016"TO BE SET r `5' Ql PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. H TYPICAL BUILDINGE S Q2 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. SETBACK LINES i (/�� Q3 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. I PAGE, to OF D Q PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 4. I~5' 5, I © PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. 3 v 4 I t/ 7OB NO: DATE: 6 JOINT UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION a. 16.394 air 03/09/2018 D STREET FRONTAGE ON TWO 30 15 0 30 60 SIDE,THE STREET SIDE Alitli SETBAIX IS t0'. I ./ SCALE: 1"=30' L_ — BEYLER ' CONSULTING CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU -301-a167 OFFICE FRONT fax:2:zs3fax:253-336-3950 5920 100th St SW Ste.25 DeylerconsultIng.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 7 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON vJ-� — — — — — _ - SW 358TH ST I W „, PER REC.NO. 3 N 89°02'04"W 327.99' 0 w 1 — S 89°02'04"E 372.46' — J S 89°02'04"E 100.00' R=500.00' W SW 358TH ST L=42.05' - a3 ' 142,834}SF RIGHT OF WAY W ROW DEDICATION DEDICATED TO THE CITY OF D-4°49 07' m '---PROPOSED W FEDERAL WAY(# ) SEWER EASEMENT I(n z�� N 89°02'04"W 134.79' ry 63.00' 40.44' i --1-- N R=530.00' ._______, N 89°02'04"W 49.47' L=41.78' �,Cy `tib A=4°30'58" V — — — _1 _ — I_ I 26' 26' o Wm 2 ,In .Wi I:4 --I 10' G L11Iw Ieu LOT 46 Iw I LOT 47 m a g3 m rvU) 8 o Le ° m z I� I Iz I pIU 6 w I= I I I I ego ^ ry a TRACT B ;11., o 1-- 2 8 DETEN77ON POND _I I_ — J LZ W V z — 63.00' 65.69_ —1 I i1 N 88°3126"W 160.01' 7 I I SEE SHEET 6 _--_ \ I I i ./ \ I I STORM WATER TRACT G w ` I I PER REC.NO. < 1— I 1 — — I F- l 5W 358TH ST 7 PER REC.NO.___________________ I — m I ----I-7-7— S 358TH ST W J __ _ — — W — — — — � I ./--r-PROPOSED SEWER EASEMENT I LEGEND BACK ® CENTERLINE MONUMENT TO BE SET • REBAR AND CAP'TGOLD 22016'TO BE SET S' 30 3 60 Ql PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION I. r/{ TYPICAL BUILDING 0 ALACCESSAND UTILITY EASEMENT.SEE SHEET S.EASEMENT PROVISION 2. SETBACK LINES /M►� r I ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. // 4 PRIVATE WATER&SEWER EASEMENT.SEE SHEET8.EASEMENT PROVISION 4. 5' 5' , Iyl QS PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. 301 `/ JOB NO: DATE: 6 JOINT UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 6. -7111,1',416.394 03/09/2018 ON IC SIRESLOTS WHERE THESTREETTWO SIDES,THE STREET SIDE �� SETBACK J91Dl ► BEYLER CONSULTING CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU Phone:253-301-4157 OFFICE o FRONT fax:253-336-3950 8920 100th St.SW See.25 beylerconsulting.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 8 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON LOT ADDRESS LINE TABLE EASEMENT PROVISIONS LOT 1 35607 2ND AVENUE SW 11 N 01°26'25"E 11.11' 1. AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN WATER&SEWER LOT 2 35613 2ND AVENUE SW L2 N 01°2625"E 10-10' DISTRICT AND ITS AGENTS,SUCCESSORS AND ASSIGNS,FOR SO LONG AS IT SHALL OWN AND MAINTAIN LOT 3 35619 2ND AVENUE SW L3 5 50°26'40"E 23.45' THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED LOT 4 35625 2ND AVENUE SW L4 S 77°32'34"W 19.02' HEREIN AS"WATERLINE EASEMENT"(WLE)AND"SANITARY SEWER EASEMENT"(SSE)TO INSTALL, LOT 5 35631 2ND AVENUE SW L5 9 88°33'35"E 24.95' MAINTAIN,REPLACE,REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS LOT 6 35637 2ND AVENUE SW L6 S 01°27'29"W 6.90' SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT LOT 7 35643 2ND AVENUE SW L7 S 39°33'20"W 7.75' ALL TIMES FOR PURPOSES INCIDENT THERETO.NO BUILDING,WALL ROCKERY,FENCE,TREES OR LOT 8 35705 2ND AVENUE SW LB N 58°15'37"W 21.53' STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED,NOR SHALL ANY FILL MATERIAL BE PLACED LOT 9 35649 2ND AVENUE SW L9 N 52°57'53"W 26.84' WITHIN THE BOUNDARIES OF SAID EASEMENT AREA.NO EXCAVATION SHALL BE MADE WITHIN THREE(3) LOT10 35709 2ND AVENUE 5W FEET OF SAID WATER OR SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN LOT 11 35717 2ND AVENUE SW THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING.GRANTOR LOT 12 35725 2ND AVENUE SW HEREBY AGREES THAT NO WATER AND/OR SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND LOT 13 35733 2ND AVENUE SW SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF LOT 14 35801 2ND AVENUE SW GRANTOR,WITHIN OR PROXIMATE TO SAID EASEMENT,UNLESS SUCH INSTALLATION IS APPROVED BY LOT 15 35809 2ND AVENUE SW GRANTEE AND I5 IN CONFORMANCE WITH THE THEN-CURRENT EDITION OF THE"CRITERIA FOR SEWAGE LOT 16 35819 2ND AVENUE SW WORKS DESIGN"PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY.GRANTOR HEREBY LOT 17 35823 2ND AVE SW/206 SW 358TH PL FURTHER AGREES THAT NO OTHER UTILITY FACILITY OR APPURTENANCE OF ANY KIND,INCLUDING LOT 18 35837 2ND AVE SW/2075W 358TH PL CURVE TABLE UTILITY SERVICE CONNECTIONS,SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR,OR ANY THIRD LOT 19 35845 2ND AVENUE SW PARTY ACTING UNDER AUTHORITY OF GRANTOR,WITHIN THREE FEET(3'),MEASURED HORIZONTALLY LOT 20 35851 2ND AVENUE SW FOR PARALLEL ALIGNMENTS,OR WITHIN SIX INCHES(6"),MEASURED VERTICALLY FOR CROSSING OR LOT 21 35905 2ND AVENUE SW Cl R=25.00' 1-23.20 5=53°20'08" PERPENDICULAR ALIGNMENTS,OF ANY PORTION OF THE GRANTEES FACILITIES.GRANTOR LOT 22 35913 2ND AVENUE SW C2 R=25.00' L=17.11' 4=39°12'56" ADDITIONALLY GRANTS TO THE LAKEHAVEN WATER&SEWER DISTRICT AND ITS AGENTS,SUCCESSORS LOT 23 35921 2ND AVENUE SW C3 R=220.00' 1=23.14' 4=6°01'39" AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA LOT 24 35914 SW 359TH P11191 SW 359TH PL C4 R=25.00' L=39.95' 4=91°34'10" AS SHALL BE REQUIRED FOR THE CONSTRUCTION,RECONSTRUCTION,MAINTENANCE AND OPERATION LOT 25 183 SW 359TH PLACE C5 R=25.00' L=39.27' A=90°00'00" OF SAID WATER OR SEWER FACILITIES.THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A LOT 26 175 SW 359TH PLACE C6 11=25.00' L=39.27' 4=90°00'00" REASONABLE MINIMUM AND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE LOT 27 167 5W 359TH PLACE C7 R=25.00' L=39.27' 4=90°00'00" PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN WATER&SEWER DISTRICT,ITS AGENTS, • LOT 28 159 SW 359TH PLACE CB R=29.00' L=45.54' 4=89°58'55" SUCCESSORS AND ASSIGNS.IN ADDITION TO THE OTHER RESTRICTIONS HEREIN,GRANTOR SHALL NOT LOT 29 151 SW 359TH PLACE C9 0.-81.110' L=36.96' 4=26°08'45" CONVEY TOA THIRD PARTY AN EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT LOT 30 145 5W 359TH PLACE 010 R=81.00' 1=29.92' 4=21°10'02" TO THE EASEMENT THAT WOULD IMPAIR OR LIMIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN. LOT 31 35856 1ST PLACE SW CU R=81.00' L=20.05' 4=14°11'00" • LOT 32 35842 1ST PLACE SW C12 R=81.00' 1=40.27' 4=28°29'08" 2. A NON EXCLUSIVE ACCESS AND UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO PUGET LOT 33 35834 1ST PLACE SW C13 R=25.00' L=39.05' 4=89°30'27" SOUND ENERGY,INC.,A GAS AND ELECTRIC COMPANY,CENTURYLINK,INC.A TELECOMMUNICATIONS LOT 34 150 SW 359TH PL/35043 1ST PL SW C14 R=25.00' 1=39.48' 4=90°29'33" COMPANY,AND CABLE TELEVISION COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER, • LOT 35 158 SW 359TH PLACE C15 R=25.00' L=39.06' 4=89°31'31" UNDER AND UPON TRACT E FOR THE BENEFIT OF LOTS 2&3,IN WHICH TO INSTALL,LAY,CONSTRUCT, LOT 36 170 SW 359TH PACE C16 R-25.00' 1=39.48' 4=90°28'29" RENEW,OPERATE AND MAINTAIN UNDERGROUND PIPE,CONDUIT,CABLES,AND WIRES WITH NECESSARY LOT 37 182 SW 359TH PLACE C17 R=25.00' L=40.38' A=92°33'04" FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER LOT 38 190 SW 359TH PL/35848 2ND AVE SW PROPERTY WITH ELECTRIC,TELEPHONE,GAS,SEWER,WATER,STREET LIGHTING,AND UTILITY SERVICE, LOT 39 35838 2ND AVENUE SW TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN LOT 40 35832 2ND AVENUE SW STATED.THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS LOT 41 35828 2ND AVENUE SW POSSIBLE TO THEIR ORIGINAL CONDITION.NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC LOT 42 35822 2ND AVENUE SW CURRENT OR FOR TELEPHONE USE OR CABLE TELEVISION SHALL BE PLACED OR PERMITTED TO BE LOT 43 35816 2ND AVE 5W/191 91A/358TH 5T PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A LOT 44 183 SW 358TH STREET BUILDING. LOT 45 171 SW 356TH STREET LOT 46 159 SW 358TH STREET 3. A NON EXCLUSIVE ACCESS AND UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO PUGET LOT 47 151 SW 358TH 5T/35815 1ST PL SW SOUND ENERGY,INC.,A GAS AND ELECTRIC COMPANY,CENTURYLINK,INC.A TELECOMMUNICATIONS LOT 48 35839 1ST PLACE SW COMPANY,AND CABLE TELEVISION COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER, LOT 49 35833 1ST PLACE SW UNDER AND UPON TRACT F FOR THE BENEFIT OF LOTS 7&9,IN WHICH TO INSTALL,LAY,CONSTRUCT, , LOT 50 35829 1ST PLACE SW RENEW,OPERATE AND MAINTAIN UNDERGROUND PIPE,CONDUIT,CABLES,AND WIRES WITH NECESSARY LOT 51 35821 15T PLACE SW FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER LOT 52 176 SW 358TH STREET PROPERTY WITH ELECTRIC,TELEPHONE,GAS,SEWER,WATER,STREET LIGHTING,AND UTILITY SERVICE, LOT 53 184 SW 358TH STREET TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN LOT 54 192 SW 358TH 5T/35726 2ND AVE SW STATED.THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS LOT 55 35710 2ND AVENUE SW POSSIBLE TO THEIR ORIGINAL CONDITION.NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC LOT 56 35702 2ND AVENUE 5W CURRENT OR FOR TELEPHONE USE OR CABLE TELEVISION SHALL BE PLACED OR PERMITTED TO BE • TRACT A 35840 2ND AVENUE SW PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A TRACT B 35818 1ST PL SW/141 SW 358TH ST BUILDING. TRACT C 35860 1ST PLACE SW TRACT D NO SITE ADDRESS 4. A NON EXCLUSIVE PRIVATE ACCESS AND UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO TRACT E NO SITE ADDRESS LAKEHAVEN SEWER AND WATER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER,UNDER AND TRACT F NO SITE ADDRESS UPON TRACT E FOR THE BENEFIT OF LOTS 2&3,IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WITH SEWER,WATER, (ANY ADDRESSES SHOWN ARE PRELIMINARY ONLY TOGETHER WITH THE RIGHT TO ENTER UPON TRACT EAT ALL TIMES FOR THE PURPOSES HEREIN STATED. AND SUBJECT TO CHANGE) THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. 5. A NON EXCLUSIVE PRIVATE ACCESS AND UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO LAKEHAVEN SEWER AND WATER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER,UNDER AND UPON TRACT F FOR THE BENEFIT OF LOTS 7&9,IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WITH SEWER,WATER, TOGETHER WITH THE RIGHT TO ENTER UPON TRACT F AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. 6. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ALL UTILITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SERVING THIS PUT UNDER AND UPON THE EXTERIOR TEN(10.00)FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND ALL OF TRACT D AS A'JOINT UTILITY EASEMENT'IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW,OPERATE AND MAINTAIN UNDERGROUND CONDUITS,CABLES,PIPE AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND WITH WATER,SEWER,STORM, ELECTRICITY,GAS,TELEPHONE AND OTHER UTILITY SERVICES,TOGETHER WITH THE RIGHT TO ENTER UPON TME LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED PROVIDED THAT FOLLOWING ANY WORK,THE EASEMENT AREA SHALL BE RESTORED AS NEARLY AS POSSIBLE TO THE ORIGINAL CONDITION. TRACT CONVEYANCE RESTRICTIONS OF RECORD TRACT A IS A PRIVATE LANDSCAPE TRACT A JOINT 1/56 OWNERSHIP INTEREST IN TRACT A IS FOR THE (PER SCHEDULE B SPECIAL EXCEPTIONS,STEWART TITLE GUARANTEE COMPANY GUARANTEE NUMBER PURPOSE OF LANDSCAPING AND FUTURE ACCESS TO ADJACENT PROPERTY.VEGETATION REMOVAL IN THIS G-6329-8791 DATED JULY 12,2017 AT 2:45 PM.,ENDORSEMENT 1,FILE NO.01148-71042,ATTACHED TO TRACT REQUIRES APPROVAL FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT.TRACT A MAY NOT BE POLICY NUMBER G-6329-8791,DATED FEBRUARY 28,2018) DEVELOPED WITH ANY BUILDINGS OR STRUCTURES FOR USE OTHER THAN RECREATIONAL PURPOSES,AND MAY NOT BE FURTHER SUBDIVIDED AND MAY NOT BE USED FOR FINANCIAL GAIN. 1. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY AS DISCLOSED IN INSTRUMENT NUMBER 7704260766.AFFECTS PARCEL 0 AS SHOWN HEREON. TRACT B IS CONVEYED TO THE CITY OF FEDERAL WAY FOR THE PURPOSE OF STORM DRAINAGE FACILITY. THIS TRACT SHALL BE MAINTAINED BY THE CITY OF FEDERAL WAY. 2. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY AS DISCLOSED IN INSTRUMENT NUMBER 8007170518.AFFECTS PARCEL CAS SHOWN HEREON. TRACT CIS CONVEYED TO THE CITY OF FEDERAL WAY FOR THE PURPOSE OF STORM DRAINAGE FACILITY. THIS TRACT SHALL BE MAINTAINED BY TME CITY OF FEDERAL WAY. 3. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT NUMBER 8910160169.AFFECTS PARCEL BAS SHOWN HEREON. TRACT D ISA PRIVATE LANDSCAPE TRACT A JOINT 1/56 OWNERSHIP INTEREST IN TRACT D FOR OWNERSHIP AND MAINTENANCE PURPOSES.TRACT D MAY NOT BE DEVELOPED WITH ANY BUILDINGS OR STRUCTURES, 4. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT MAY NOT BE FURTHER SUBDIVIDED AND MAY NOT BE USED FOR FINANCIAL GAIN.VEGETATION REMOVAL IN NUMBER 8910241011.AFFECTS PARCEL C AS SHOWN HEREON. THIS TRACT REQUIRES APPROVAL FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT. 5. THIS STYE IS SUBJECT TO AN EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT TRACT E IS CONVEYED TO THE OWNERS OF LOTS 2 AND 3 FOR THE PURPOSE OF PRIVATE ACCESS AND NUMBER 9001100188.AFFECTS PARCEL A AS SHOWN HEREON. PUBLIC UTILITIES SERVICING LOTS 2 AND 3.THIS TRACT SHALL BE MAINTAINED BY THE OWNERS OF LOTS 2 AND 3. 6. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT AS DISCLOSED IN INSTRUMENT NUMBER 9108151496.AFFECTS PARCEL C AS SHOWN HEREON. TRACT F IS CONVEYED TO THE OWNERS OF LOTS 7 AND 9 FOR THE PURPOSE OF PRIVATE ACCESS AND PUBLIC UTILITIES SERVICING LOTS 7 AND 9.THIS TRACT SHALL BE MAINTAINED BY THE OWNERS OF LOTS 7 7. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT FOR INGRESS,EGRESS AND AND 9. UTILITIES AS DISCLOSED IN INSTRUMENT NUMBER 9108190218.AFFECTS PARCEL CAS SHOWN HEREON. 8. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY AS DISCLOSED IN INSTRUMENT NUMBER 9210050866.AFFECTS PARCEL BAS SHOWN HEREON. 9. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO WASHINGTON NATURAL GAS COMPANY AS DISCLOSED IN INSTRUMENT NUMBER 9302100043.AFFECTS PARCEL B AS SHOWN HEREON. 10.THIS SITE LS SUBJECT TO AN EASEMENT GRANTED TO U.S.WEST COMMUNICATIONS,INC.AS DISCLOSED IN INSTRUMENT NUMBER 9304141843.AFFECTS PARCEL BAS SHOWN HEREON. 11.THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A BOUNDARY LINE ADJUSTMENT RECORDED • UNDER RECORDING NUMBER 20090903900001.AFFECTS PARCEL 0. 12.THIS ECORDING NUMBER 20150300900002..IS SUBJECT TO THE PARCEL D. 0 R E�RURVVEY HAS BEEN REMOVED.FIELD VERIFIED 03/09/2018. 9 of . 1 JOB NO: DA113 SOW,c R'CO . 16.394 03/09/2018 nt 4/,L . �► rn jl BEYLER Oar utt0 CONSULTING a CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU phone:253-301-4157 OFFICE fax:253-336-3950 5920 100th St.SW Ste.25 oeylerconsulting.com Lakewood,WA 98499 RESOLUTION NO. 11-603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING RETREAT MEADOWS PRELIMINARY PLAT, FEDERAL WAY FILE 08- 101729-00-SU. WHEREAS, the owner, David Litowitz, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Retreat Meadows consistingof 14.6 acres into fifty-nine 59) single-family residential lots located at 157 SW 356th Y ( ) g Y St;203 SW 356th St; 215 SW 356th St; and 225 SW 356th St; and WHEREAS, on May 13, 2009, , an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act(SEPA),Chapter 43.21C;RCW; and WHEREAS, the Federal Way Hearing Examiner on February 16, 2011, held a public hearing concerning Retreat Meadows preliminary plat; and WHEREAS; following the conclusion of said hearing, on March 2, 2011, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Retreat Meadows preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on April 19, 2011, the City Council considered the record and the Hearing Examiner recommendation on Retreat Meadows preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. EXPIRIT PAGE IF.�Resolution No.11-603 Page 1 of 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's March 2, 2011 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia,the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Retreat Meadows preliminary plat, Federal Way File No. 08- 101729-00 SU, is hereby approved, subject to conditions as contained in the March 2, 2011, Report and Recommendation of the Federal Way Hearing Examiner(Exhibit Atlir � PAGE 2 OF - Resolution No. 11-603 Page 2 of 4 Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. EXPIRIT FAGS 3 OF y Resolution No. 11-603 Page 3 of 4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 19th day of April,2011. CITY OF FEDERAL WAY / MAYO , SK I' PRIEST ATTEST: (1-CatOe OLO- CITY CLERK,CAR(YL MCN LY CMC APPROVED AS TO FORM: ,a/62- - CITY ATTORNEY,PATRICIA A.RICHARDSON FILED WITH THE CITY CLERK: 4/12/2011 PASSED BY THE CITY COUNCIL: 4/19/2011 RESOLUTION NO.: 11-603 PAGE H OF__ Resolution No. 11-603 Page 4 of 4 I I H 1 I I Ili,' A S 3 g. ""'"=7:1 I '"""w=,=o I ...=,,P= woiowHSvm 133HS N3AO0/NVId MIS TIV83A0 i tivm WOO,x Ail. 14 1 E '14,q# n'''''" wo mM NOISIAIQSf1S SMOaV VV 1�d bLL]}WI ; ,3 I R. .a... 1,161 4s I3�3 wI�ow lens Noo W S; S2WOH>ILIVINC i,Jv1 1 1 I i €� 11 II I.r . I I ' II I I I I. 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E I IT D yw PAGE_ 1 OF 1 MS 3AY WO � m •E illi, 8 1 « a wnci w • COUNCIL MEETING DATE: May 15,2018 ITEM#: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION:SETTING A PUBLIC HEARING DATE FOR THE 2019-24 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should Council set a public hearing date for adoption of the 2019-24 Transportation Improvement Plan on June 19,2018? COMMITTEE: Land Use/Transportation MEETING DATE: May 7,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez,P.E., City Traffic Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7,2018. Resolution Options Considered: 1. Authorize staff to proceed setting the Public Hearing date for the 2019-24 Transportation Improvement Plan on June 19, 2018. 2. Set Public Hearing on an alternative date recommended by the committee. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 15,2018 City Council consent agendafor approv. � MAYOR APPROVAL: A ' tft ! DIRECTOR APPROVAL: _ �I t"1'Iior CU Co ee Council 'tta Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 15, 2018 consent agenda for approval. Mark wpang,Committseaair *sse ohnson,Committee Hoang Tran,Committee Member Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution setting the date of a Public Hearing for the 2019-24 Transportation Improvement Plan on June 19, 2018." (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: May 7,2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Public Works Dir:0,• Rick Perez,P.E.,City Traffic Engineer SUBJECT: Setting Public Hearing for 2019-24 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington(RCW),the City of Federal Way adopted its original Transportation Improvement Plan(TIP) and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the June 19, 2018, City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the June 19,2018 City Council meeting. The TIP will also be presented to the Land Use and Transportation Committee on June 4,2018. K:\LUTC\2018\5-May 2018\05-07-2018 Reso Setting Six Year TIP Hearing Date.doc RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, setting a Public Hearing date of Tuesday,June 19,2018 for adoption of a revised Six-Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan("ASIP") annually; and WHEREAS,a public hearing must be held prior to the adoption of the revised and extended TIP and ASIP. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Public Hearing. A public hearing shall be held on the 2019-24 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, June 19, 2018, at the Federal Way City Hall Council Chambers. Section 2. Severability. If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 18- Page 1 of 2 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediatelyuponpassage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 18- Page 2 of 2 COUNCIL MEETING DATE: May 15,2018 ITEM#: 5i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM PHASES I&II—30%DESIGN STATUS REPORT POLICY QUESTION: Should the City Council authorize staff to continue to design the Adaptive Traffic Signal Control System and return to LUTC and Council for bid authorization,award,and further reports? COMMITTEE: Land Use/Transportation MEETING DATE: May 7,2018 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez,P.E.,City Traffic Engineer lc DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7,2018. Options Considered: 1. Authorize staff to proceed with design of the Adaptive Traffic Signal Control System and return to LUTC and Council for bid authorization,award, and further reports. 2. Do not authorize staff to proceed with design of the Adaptive Traffic Signal Control System MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 2018 City Council Consent Agenda for approval.l a( if MAYOR APPROVAL: -y/Z, yttei ul . V 1 DIRECTOR APPROVAL: k et tli Commie 4 Council /l Initial/Date `t1 iG1\QS Initial/Date InitiaUDate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the May 15, 2018 consent agenda for approval. _Mark K•,:ang,Committee 'hair Jht son,Committee Hoang Tr. F,Committee Member member PROPOSED COUNCIL MOTION: "I move approval of the authorization of staff to continue design of the Adaptive Traffic Signal Control System and return to LUTC and Council for bid authorization, award, and further reports." (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: May 7,2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Public Works Dire ori' Rick Perez,P.E., City Traffic Engineer SUBJECT: Adaptive Traffic Control System Phases I&II—30%Design Status Report BACKGROUND: This project will implement an adaptive traffic control system for the City Center area, S 320th Street corridor, and areas south of City Center and east of 1st Avenue S. Exhibit A shows the traffic signal locations that are planned to be included in the project. This includes two traffic signals owned and operated by King County,and up to six traffic signals owned and operated by WSDOT. WSDOT would require us to assume responsibility to operate and maintain their traffic signals in order to be part of the system. Traffic signal coordination is currently developed based on evaluating the need for separate timing plans for typical hours of the day and days of the week using the following steps: 1. Collect traffic volume data 2. Collect travel time data 3. Develop coordination plans for each distinct traffic pattern during the typical week using a variety of software packages 4. Implement new timing plans 5. Field-tune new timing plans to current conditions(which may have changed since data collection) 6. Collect travel time data for comparison Coordination plans developed this way are not responsive to changes in traffic conditions, and often are not flexible enough to adapt to incidents such as collisions, weather, temporary lane closures, or special events. As traffic volumes increase over time,the timing plans should be updated at least every three years. Currently,over 80% of the City's traffic signals are running coordination plans at least some part of the week, with anywhere between 3 and 10 such time-of-day plans per week. Most have not been significantly updated since 2011 due to staff workload,although we do make needed adjustments in response to comments and complaints. By comparison, adaptive control systems monitor traffic conditions constantly, and within pre-programmed parameters, adjust signal timing on a real-time basis. As such, it adjusts to incidents and increasing traffic volumes over time. In order to do so,adaptive control systems require: 1. Reliable communications to each traffic signal and detector on the system 2. Staff to monitor and provide updated operating parameters and manage data 3. Video surveillance to allow staff to monitor conditions from the office 4. A room dedicated to the system and staff to monitor the system (typically called a Traffic Management . Center) 5. Sufficient operating funds to maintain the system and software Adaptive control cannot make up for a lack of roadway capacity. However, it can delay the onset of capacity problems and resolve them more quickly than traditional time-of-day plans because it is continuously optimizing signal timing for current traffic conditions. The project schedule is spread out by two features. First, the federal process for implementing such Intelligent Transportation Systems requires a Systems Engineering process to select the system. This includes development of a Concept of Operations document, System Requirements, a Request for Information from potential system software vendors, and a Request for Proposals to select the system; this typically takes 12-18 months. Second, PSRC (an agency providing part of the project's funding) had over-programmed federal funds Land Use and Transportation Committee Adaptive Traffic Signal Control System Phases I&II—30%Design Status Report May 7,2018 Page 2 of 2 in the last grant award cycle, thus not all project funds become available until October 1, 2018. These two factors combined to delay project completion until no sooner than mid-2019. The following provides a brief synopsis of the progress on this project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Completion of the Concept of Operations document required by Federal Highway Administration Ongoing tasks include: • Completion of the Systems Requirements document, also required by Federal Highway Administration —completion 5/14/18 • RFI to potential vendors for system software—completion 8/06/18 Future Tasks include: • RFP and Selection of system software—completion 1/02/19 • Design of the Traffic Management Center—completion 12/17/18 • Design of the communications and detection upgrades and video surveillance systems — completion 4/17/19 • Implementation and integration of the system—completion 12/31/19 PROJECT ESTIMATED EXPENDITURES: Consultant Design $750,000 Construction Cost $1,000,000 10%Construction Contingency $100,000 Construction Management(Consultant) $150,000 TOTAL PROJECT COSTS $2,000,000 AVAILABLE FUNDING: Budgeted City Funds $240,000 WSDOT Safety Grant(federal HSIP funds) $900,000 PSRC Countywide Grant(federal CMAQ funds) $860,000 TOTAL AVAILABLE BUDGET $2,000,000 PROJECT BUDGET SURPLUS/SHORTFALL: $0 As we proceed with the project design,the total project costs will be refined and presented to the Committee and Council at the completion of Systems Engineering and 85% status report for further action. There may be two or three separate bids that staff will be bringing to the Committee and Council for approval to award: system selection; video surveillance equipment and vehicle detection and communications upgrades; and Traffic Management Center construction. r . Ih S 3?2T- ST :0 9 2: 21 • 1 -----\. ' 8 •3 10i__11- • 1 •14 13 6 5 a811 12• zoo. • • __ ,�.�15 7 X17 16**%S\ .-- • 25 ``\ 7 13 14 'c ��\ !,. ililz 16 7 3367415/ ,�,' o s �� 1� : i )I_, 412 • 8 S 348 LH ST 5 it/.j - __ -j flir • T1 - / 10 1 / 17 �_ S 360TH s $ ,f T— LEGEND Intersection Operator \ • City immi===z:=1--- • \ 19 • County 0 WSDOT.a City Limits i C is Parks MILES \.. �I Water Bodies 0 ,e0.5 1 I A Study Intersections FIGURE Federal Way _� Federal Way ASC DRAFT transpo COUNCIL MEETING DATE: May 15, 2018 ITEM#: 5j CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:SOUND TRANSIT TACOMA DOME LINK EXTENSION PARTNERING AGREEMENT POLICY QUESTION: Should the Council authorize the Mayor to execute the Sound Transit Tacoma Dome Link Extension Partnering Agreement? COMMITTEE: Land Use and Transportation MEETING DATE: May 7,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:EJ Walsh,P.E. Deputy Public Works Director DEPT: Public Works Attachments: Memorandum dated May 7, 2018 and the Sound Transit Tacoma Dome Link Extension Partnering Agreement. Options Considered: 1. Authorize the Mayor to execute the Sound Transit Tacoma Dome Link Extension Partnering Agreement. 2. Do not authorize the Mayor to execute the Sound Transit Tacoma Dome Link Extension Partnering Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 15, 2018 City Council Consent Agenda for appro,64- MAYOR APPROVAL: '_ SJ 5;:jZ.:/1/D RECTOR APPROVAL: `<<is\vs co .flee uncil ' InitiaUDate InitiaUDate Initial/Date s move +0, COMMITTEE RECOMMENDATION: T -gin a� forwardi lg Option 1 to the May 15, 2018 City Council consent agenda for approval. / Mark K•8 ang, Committee Jes Johnson, Committee Hoang Tran, Committee Member Chair Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the Sound Transit Tacoma Dome Link Extension Partnering Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# A CITY OF FEDERAL WAY MEMORANDUM DATE: May 7,2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor ec"e • '?//.2// ' _ �' `� Marwan Salloum,P.E.,Director of Public Works �.( FROM: EJ Walsh,P.E.,Deputy Public Works Director•z ,/— SUBJECT: Sound Transit Tacoma Dome Link Extension Partnering Agreement BACKGROUND: With the passing of the Sound Transit 3 (ST 3)ballot measure, Sound Transit is advancing the environmental,engineering and construction of the various voter approved projects.One of those projects is the Tacoma Dome Link Extension. The Tacoma Dome Link Extension project extends the light rail system from the proposed 320th station to a new terminus station located in Tacoma in the vicinity of Freighthouse Square near the Tacoma Dome. Additional stations are proposed near S 352 St in Federal Way,near 54th Ave E in Fife,and near Portland Ave E in Tacoma. As part of the project an Operations and Maintenance Facility(OMF)is proposed to be sited,designed and constructed in conjunction with the Tacoma Dome Link Extension.It will be located within south King County or northern Pierce County; although a more definitive location or details have not been determined at this time by Sound Transit. In scheduling the overall project plan consistent with the ballot approval for opening of the extension in 2030, Sound Transit is attempting to expedite the project compared to past projects. One of the ways they are proposing to do that is by developing early consensus from various governmental agencies, stakeholders and the public on the alignment, station locations and other project requirements. To facilitate the above, Sound Transit has proposed a Partnering Agreement between the City and Sound Transit.The attached Partnering Agreement establishes an expectation that the two agencies will work collaboratively together earlier and with increased inter jurisdictional engagement to reach decisions.The concept is to provide clarity on the City's responsibilities and expectations and to minimize surprises throughout the process with an end goal that the City will be able to use the completed environmental phase work as part of the approval for permitting. Providing early direction on City and Community goals and priorities is one way that the City can assist facilitating the goal of moving the overall project forward efficiently. This will ensure our residents and community access to a regional transit system that provides a balance of local goals for long term City visioning coupled with increased transportation access throughout the Puget Sound region. To accomplish the above, Sound Transit will provide reimbursement funding for staff time for tasks related to approved tasks through a separate funding agreement. In the event that a funding agreement is not reached,the City is released of its obligation of meeting Sound Transit's requested project milestones. The Funding Agreement, and future Development Agreements and Transitway Agreements will all also require future Council approval as the project progresses. cc: Project File Day File PARTNERING AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY("SOUND TRANSIT") AND THE CITY OF FEDERAL WAY FOR THE TACOMA DOME LINK EXTENSION PROJECT THIS PARTNERING AGREEMENT ("Agreement") is between the Central Puget Sound Regional Transit Authority, a regional transit authority organized under Chapter 81.112 RCW("Sound Transit"), and the City of Federal Way, a Washington municipal corporation ("City"), for the purposes set forth below. Sound Transit and the City are collectively referred to hereafter as "the Parties" or individually as a "Party." RECITALS A. The City is a non-charter municipal code city incorporated under the laws of the State of Washington,with authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens and for other lawful purposes. B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. C. The Sound Transit 3 ("ST3") high capacity transit system expansion approved by the voters in November 2016 includes a wide variety of projects to be implemented over the next 25 years. Implementing ST3 consistent with the scope, budget, and schedule approved by the voters will require coordination and collaboration by Sound Transit and by its federal, state, and local partners. D. The City is responsible for administering state and local land use laws and development regulations that will apply to Sound Transit projects located within the City jurisdiction. The City is also responsible for managing streets and municipal utilities within its jurisdiction and for providing municipal services such as public safety. D. The ST3 Plan identifies the Tacoma Dome Link Extension Project and a new Light Rail Operations and Maintenance Facility located in the Federal Way to Tacoma corridor, collectively referred to hereafter as the "Project." E. To meet the challenges of delivering the ST3 projects, Sound Transit developed a System Expansion Implementation Plan ("SEIP")that identifies new methods of project development and delivery. Sound Transit has refined processes, policies, and organizational structures to support this streamlined project delivery model, and it developed new approaches for working with project partners, stakeholders, and local jurisdictions.The overall project development approach, including phases and key decisions, is depicted in the SEIP. Page 1 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 F. The success of the Project depends on close cooperation between the Parties and others, and the Parties wish to memorialize specific commitments between Sound Transit and the City as outlined in this agreement. NOW THEREFORE, in consideration of the mutual promises and covenants herein, it is mutually agreed as follows: 1. PURPOSE Sound Transit's Tacoma Dome Link Extension Project includes facilities to be constructed within the City of Federal Way's jurisdiction. Interaction will be required between the City and Sound Transit as follows: 1.1. To work together using a designated representative from each organization to manage the project,to establish a cooperative and communicative platform for reaching early and durable decisions, and to resolve disputes; 1.2. To provide clarity as to project scope, schedule, and budget and identify opportunities for joint work, coordination with City projects, City enhancements, or City-led improvements; 1.3. To establish specific points in the development process for City concurrence; 1.4. To develop environmental review documents that both Sound Transit and the City can use for required project development approvals and permitting decisions; 1.5. To mutually consider the development of a process for streamlined permit review and processing, including land use decisions within time periods agreed upon as provided in this Agreement and/or the Permitting Plan (described below); 1.6. To develop other measures so that the project development process runs smoothly and without surprises to either Party; and 1.7. To collaborate at all levels to facilitate concurrent decision-making by Sound Transit's Board of Directors and the City Council. 2. PROJECT MANAGEMENT 2.1. General Goals and Expectations 2.1.1. With this Partnering Agreement, Sound Transit and the City are establishing a common understanding of roles, responsibilities, schedule and budget necessary for the timely delivery of the Project. The ST3 Plan establishes aggressive timelines for project delivery by Sound Transit. It is in the mutual interests of Sound Transit and the City, as well as other stakeholders and the public,to meet timelines and deliver quality transit expansion projects on schedule and within budget. Page 2 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 2.1.2. This Partnering Agreement is the first of multiple agreements and concurrence actions that will memorialize shared understandings between Sound Transit and the City over the life of the Project.The Parties anticipate entering into future agreements as the Project advances through subsequent design and delivery phases. 2.1.3. The Parties are mutually committed to meeting key Project milestones and thus commit to a high level of engagement during Project development and delivery. The Parties will regularly review staffing plans and levels of effort with the intent to maintain adequate staffing for timely delivery of the Project, as further described in Section 10. 2.2. Designated Representatives and City Staff Participation 2.2.1. Designated Representatives 2.2.1.1. To ensure effective intergovernmental cooperation and efficient Project review,the Parties shall each designate a single representative responsible for communications between the Parties ("Designated Representative"). Each Party's Designated Representative is identified in Exhibit B. 2.2.1.2. Designated Representatives will be authorized by their respective organizations to direct, coordinate, and review the work of assigned staff. Designated Representatives will assemble, direct, and manage the staff in their respective organizations to work together in a good faith effort to achieve key project milestones within Sound Transit's project budget. 2.2.1.3. Designated Representatives are responsible for coordinating their respective governmental agency or departmental staff and consultants assigned to the Project. For the City Designated Representative, coordinating department staff and consultants includes resolving disputes that may arise between departments and/or consultants reporting to the City and developing a single set of non-conflicting review comments. Project coordination may require further agreements between the Parties. Exhibit C describes the duties to be performed by the Designated Representatives. 2.2.1.4. The Parties will meet to ensure early and frequent consultation on issues related to Project development on a regular basis throughout the Project. By working with Sound Transit and its consultants,the City can help achieve a streamlined process to facilitate advancement of the Project. The City's Designated Representative will be Page 3 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 responsible for designating City participants to the meetings and for managing the City's participation. 2.2.1.5. The Parties may change Designated Representatives by written notice to the other Party during the term of this Agreement provided the new representative has appropriate qualifications and level of authority. Future agreements may designate other individuals as points of contact for that specific agreement. 2.3. Processes for Project Reviews 2.3.1. The Parties understand and agree that achieving the processes and expectations described in this Agreement depend upon timely and open communication and cooperation between the Parties;therefore, communication of issues, changes, or problems that arise with any aspect of the work will occur as early as possible in the process, and not wait for explicit due dates and timelines. 2.3.2. Project reviews may involve strategies, such as "over the shoulder" ("OTS") reviews,task forces, page-turn meetings, workshops, charrettes, or other forms of engagement that encourage the Parties to engage in early and thorough discussion of Project opportunities, risks, and issues.The Parties will cooperate during these informal reviews to resolve issues as early as possible in the project development process to minimize rework. 2.3.3. Upon receipt of the Project review package,the City will review and return consolidated comments. Specific timeframes for Sound Transit to provide advance notification to the City and for City review, are to be described in the future agreement on staffing resources. If the City foresees that comments will not be returned within the agreed upon timeframe,the City shall notify Sound Transit of the delay as soon as possible so the Parties can determine an acceptable solution. City comments should identify any aspects of the design that do not meet City codes and regulations so the inconsistency can be corrected. 2.3.4. Sound Transit will provide the City with a minimum three (3)-month look-ahead schedule of Project submittals to help the City identify and plan for resources needed to conduct its reviews. 2.4. Decision-Making 2.4.1. The Parties agree to be transparent in their respective decision-making processes and agree to avoid postponing difficult decisions until a critical deadline.The Parties will discuss upcoming decisions by either Party that may affect Project scope, schedule, or budget and will strive to reach concurrence before decisions are made. Page 4 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 2.4.2. The Parties will endeavor to respond to questions and requests for feedback or information within two weeks or earlier. 2.5. Commitment to Project Schedule and Budget 2.5.1. Schedule. The Parties acknowledge the importance of meeting Project schedule milestones and objectives in order to begin transit operations on time.Accordingly,the Parties will work in good faith toward the target dates identified in the schedule attached as Exhibit D. 2.5.2. Budget. 2.5.2.1. The Sound Transit financial plan provides funding for the Project, including funds for environmental review, staff costs, design,transit- oriented development,transit integration, station access, property acquisition and relocation costs, construction, mitigation, and contingencies. 2.5.2.2. While both parties agree that Sound Transit controls the budget, both parties will work in good faith to facilitate completion of the Project. p 2.5.2.3. The City may have an interest in increasing Project scope as outlined in Section 4.1.4. In those cases,the City shall work with Sound Transit to identify reductions in scope or risk elsewhere on the Project or provide increased funding through local contributions to finance the requested change. Agreement on the scope changes and local contributions will be memorialized in the preferred alternative concurrence document or other agreements as mutually determined by the Parties. 3. PROJECT DEVELOPMENT 3.1. Overall Project Approach to Project Development and Delivery 3.1.1. The Stakeholder Group and the Elected Leadership Group will make a recommendation on the range of alternatives and a preferred alternative for enivornmental study. The City Council may also make a recommendation. Following input from these groups, as well as the general public,the Sound Transit Board has the sole authority to identify a range of alternatives and a preferred alternative for environmental study and subsequently select the project to be built after conclusion of the environmental review phase. 3.1.2. Upon completion of the alternatives development phase, Sound Transit and the City will develop a concurrence document to be approved by City Council and the Sound Transit Board and signed by the City's Mayor and the Sound Transit Page 5 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 Chief Executive Officer that memorializes the preferred alternative identified and establishes a commitment to streamline the permitting processes. 3.2. Identifying and Resolving Code Conflicts and Streamlining the Permit Process Prior to Permitting The Parties will review development regulations and processes that will likely apply to the Project and identify code changes and process reforms that may be necessary to streamline the permit review process or resolve code conflicts.The Parties will strive to identify the changes and actions that require Council actions with sufficient lead time to implement each agreed-upon change or action prior to commencement of Project permitting. 3.3. Addressing Transit-oriented Development, Non-motorized access,Transit Integration,and Sustainability 3.3.1. The Parties agree that station location and design decisions should be informed by a balanced commitment to easing customer access from all modes (especially connecting local transit,foot, bicycle, carpools, regional rail, and rideshare services) and facilitating transit-supportive land use and urban form. 3.3.2. The Parties will coordinate content and sequencing of their planning activities with regard to station areas, land use, and access. The Parties will develop a process for coordinating and implementing station area and station planning activities during the alternatives development phase. The goal is that both Parties preserve their interests while avoiding duplication of effort or sudden change in direction. 3.3.3. The Parties will identify priorities for improving customer access to the system and will identify opportunities to maximize and leverage transit access investments by coordinating with City projects and other potential funding sources. Access improvements may be considered for early delivery if 1)they do not conflict with Project construction and 2) discretionary land use permit approvals for the Project have been obtained. 3.3.4. The Parties will work together to identify and evaluate opportunities for transit- oriented development ("TOD") in station areas, including direct integration of transit facilities with development done by others. The Parties further agree to consider strategies for advancing equitable development outcomes in their planning activities. 3.3.5. The City will assist Sound Transit to identify and evaluate opportunities for implementing green building and infrastructure, including certification to third- party standards such as LEED and ENVISION. Page 6 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 3.4. Commitment to Coordination on Planned City Projects The Parties will share information on existing conditions, planned City projects and other agencies' projects within the Project area with the intent to identify opportunities for coordination and resolve conflicts as early as possible during Project development, and to reduce risks to Project development and delivery. 4. PROJECT DEFINITION 4.1. ST3 Plan Representative Projects 4.1.1. The ST3 Plan included representative projects developed for the purpose of establishing scope, cost estimates and ridership forecasts.These representative projects will be used to establish the transit mode, corridor, number of stations and general station locations.The applicable ST3 Plan representative project templates are provided for reference only as Exhibit A. 4.1.2. The Parties will build on work already completed and publicly vetted, particularly the following Sound Transit documents: 1) Updated Regional Transit Long Range Plan, 2)Sound Transit 2 Plan, 3) Sound Transit 3 Plan, and 4) High Capacity Transit Corridor Study- Federal Way to Tacoma Final Report. Project development will start with the ST3 representative projects as the basis from which to investigate what other reasonable alternatives should be evaluated. 4.1.3. The Parties acknowledge that suggestions to study additional alternatives are likely to emerge during the alternatives development phase.The Parties will collaborate on the evaluation of reasonable alternatives that could meet project objectives and fulfill the purpose and intent of the voter-approved ST3 Plan. The goal is to identify options to be investigated as soon as possible during the alternatives development phase. 4.1.4. The following documents describe the Project's scope/base requirements: 4.1.4.1. The representative Project templates attached as Exhibit A, including the transit mode, approximate route, number of stations, general station locations and budget; 4.1.4.2. The Board-adopted description of the Preferred Alternative (anticipated at the end of Alternatives Analysis/Phase I of project delivery); 4.1.4.3. Identified mitigation identified in the Final Environmental Impact Statement ("EIS") (anticipated near the end of Phase III of project delivery); Page 7 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 4.1.4.4. Board-adopted description of the Project to be built (once those decisions have been made and at the close of Phase III of project delivery); and 4.1.4.5. Community amenities beyond the base requirements described in the EIS documents and Record of Decision, such as farmers' market space, public events plaza, stormwater facilities for City purposes, and other such features may be considered betterments. 5. ENGAGEMENT AND COMMUNICATIONS 5.1. Community Engagement and Communications Plan 5.1.1. Sound Transit will develop a Community Engagement and Communications Plan that describes the process for convening and managing three community engagement groups — an Elected Leadership Group, a Stakeholder Group, and an Interagency Group — as well as engaging with the public and the media. The Community Engagement and Communications Plan will further describe the roles and responsibilities of the groups generally composed as follows: 5.1.1.1. The Elected Leadership Group will be composed of Sound Transit Board members and other local elected officials of the Cities and Tribe in the Project area. 5.1.1.2. The Stakeholder Group will be composed of transit riders, residents, business owners, major institutional representatives, community organizations, and other members of the public. 5.1.1.3. The Interagency Group will be composed of senior staff from Sound Transit and the City, county, state, and federal permitting agencies empowered with technical decision-making authority. 5.1.2. The Parties agree that the purpose of engaging with these groups is to offer opportunities for greater collaboration early in Project development. Providing elected, public, and technical staff with structured opportunities to learn in detail about project risks and opportunities, share multiple interests, and discuss constraints that affect the Project. This will allow issues to be understood and surfaced sooner, creative solutions to be developed and assessed, and trade-offs to be identified and decided upon. The Parties will facilitate engagement that produces enduring decisions and that streamlines the Project development and delivery process. 5.1.3. Sound Transit will collaborate with the City on development of the Community Engagement and Communications Plan. The Community Engagement and Communications Plan will require that external communications are delivered in a manner that is culturally and linguistically appropriate to the communities Page 8 Tacoma Dome Link Extension Partnering Agreement Cityof Federal Wayand Sound Transit GA 0091-18 impacted by construction and other disruptions, as well as the longer term benefits, resulting from the Project. 5.2. Public Communication The Parties intend to provide information to the community in an accurate and timely manner and will notify and coordinate with each other in advance of relevent formal press releases, news conferences, or similar public statements concerning the Project. Coordination will be the responsibility of Sound Transit's Public Information Officer for the South Corridor and the City's Communication Coordinator. Coordination may include identifying opportunities for joint public statements. 6. STREAMLINED PERMITTING 6.1. Permitting Plan 6.1.1. Before the completion of the environmental review phase,the Parties will work together to develop a draft Permitting Plan that supports the preferred alternative and Project schedule. The draft Permitting Plan will describe the processes intended to facilitate the timely preparation, filing and processing of any required City permits, identify City departments with permitting responsibilities and address the overall strategy for completing all City approvals for the Project including land use, environmental, and building/trade/ministerial permits.The Permitting Plan will also address the potential or selected delivery method(s)for Project construction and related implications for the permitting process as well as a strategy for closing out permits upon completion of construction and the issuance of necessary certificates of occupancy. 6.1.2. Upon completion of the environmental review phase and selection of the Project to be built by the Sound Transit Board,the Parties will develop a final Permitting Plan and implement the processes identified in the Permitting Plan. 6.1.3. Implementation actions identified in the Permitting Plan may be formalized in permitting agreements, development agreements, or other agreements as mutually agreed by the Parties. 6.2. Permit Decisions The Parties will develop timelines in the Permitting Plan that support the ST3 Plan goals. 7. ENVIRONMENTAL REVIEW Sound Transit is the lead agency for compliance with the State Environmental Policy Act ("SEPA"). In coordination with the City and other agencies with jurisdiction, Sound Transit will complete the environmental review for the Project in accordance with Page 9 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 SEPA. The City, including all of its departments and divisions, will participate actively in the environmental review process to ensure that the scope of review, reasonable alternatives, environmental impacts, and appropriate mitigation measures are identified and agreed to during the environmental review process. The goal is for the Parties to work together to avoid unnecessary delays in determining environmental impacts or mitigation measures later in the Project permitting process. 8. PLANNING AND MANAGING CONSTRUCTION Sound Transit will consider project delivery methods early in Project development and intends to select the appropriate project delivery method for segments of the Project as soon as a preferred alternative is identified. Sound Transit will evaluate alternative delivery methods against project goals and coordinate with the City before deciding which method(s)to employ. Multiple project delivery methods may be deployed depending on construction sequencing needs and differing Project facility requirements. 9. PROPERTY ACQUISITION 9.1. Temporary and Permanent Property Acquisitions 9.1.1. The City acknowledges that Sound Transit will require use of City rights-of-way to build and operate the Project in accordance with the requirements of Sound Transit's Transitway Agreement, and that Sound Transit will also acquire permanent and temporary property rights from private individuals and commercial interests to implement the Project. 9.1.2. Sound Transit will consider property acquisition needs, including construction staging and temporary construction easements, early in the project development phase. Sound Transit will assess the risk of imminent property sales and development pressure in the corridor. High risk parcels may be targeted for further evaluation and potential suitability for early protective acquisition by Sound Transit. 9.1.3. Once the project to be built has been selected by the Sound Transt Board, Sound Transit will provide the City with a GIS database of the route and affected properties. 9.1.4. The City will notify Sound Transit of potential development activities (permit requests, pre-application meetings, etc.) on parcels along the representative alignment and preferred alternative route, once identified. 9.2. Public Right-of-way and Utilities The Parties will collaboratively develop procedures and schedules in the form of Letters of Concurrence for ensuring that notices and required plans and specifications are prepared and provided to third-party utility providers consistent Page 10 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 with all applicable codes and regulations. Likewise,the Parties will collaboratively develop similar procedures, schedules, and Letters of Concurrence for the relocation of utilities owned by the City.The Parties will also establish utility related ROW/roadway criteria (as needed) and other City-determined criteria that are necessary for early property acquisition and to advance the project design.The schedule and timeline for the Letters of Concurrence are critical to the overall Project schedule 9.3. Transit Way Agreement The Parties will work together to amend the Transit Way Agreement executed for the Federal Way Link Extension project or execute a new transit way agreement, providing Sound Transit the right to own, operate and maintain transit facilities in the public right-of-way.The Parties will develop the final form and contents of the amendment of the Transit Way Agreement for the Project and obtain the necessary approvals upon completion of environmental review. 10. STAFFING RESOURCES AND FUNDING General Approach:The Parties will work together to determine what, if any, additional resources or staffing may be needed to enable the City to fulfill its commitments as outlined in this Agreement. The Parties will work cooperatively to negotiate in good faith a Staff Reimbursement Agreement for certain services and products related to Project development. Sound Transit agrees to reimburse the City for costs associated with particular tasks, as outlined in the Staff Funding Agreement,that are required or necessary because of the implementation of the TDLE project in the City from the effective date of this Agreement. 11. RESERVATION OF RIGHTS Nothing in this Agreement will be deemed a waiver of the City's regulatory authority nor a predetermination of Project compliance with applicable codes and regulations. 12. DISPUTE RESOLUTION 12.1. The Parties agree to work cooperatively and in good faith to resolve issues. The Parties agree that neither party shall take or join any action in any judicial or administrative forum to challenge actions of the other Party associated with this Agreement or the Project, except as set forth herein. Prior to taking or joining any action in any judicial or administrative forum to challenge actions of the other party associated with the Agreement or Project,the Parties agree to follow the dispute resolution process set out in this section. 12.2. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level possible. Page 11 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 12.3. Any disputes or questions of interpretation of this Agreement or the performance of either Party under this Agreement that may arise between Sound Transit and the City will be governed under the dispute resolution provisions in this Section. The Parties agree that cooperation and communication are essential to resolving issues efficiently. 12.4. Either Party may refer a dispute to the dispute resolution process by providing written notice of such referral to the other Party's Designated Representative. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute resolution process should any such disputes arise: 12.4.1. Level One: Sound Transit's Designated Representative and the City's Designated Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level One, either Party may refer the dispute to Level Two. 12.4.2. Level Two: Sound Transit's Executive Director of the Planning, Environment, and Project Development Department and the City's Public Works Director shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level Two, either Party may refer the dispute to Level Three. 12.4.3. Level Three: Sound Transit Deputy Chief Executive Officer and the City of Federal Way's Mayor or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. 12.5. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) days after referral of that dispute to Level Three,the Parties may file suit, seek any available legal remedy, or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute,the Parties shall continue to perform any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to the contrary, neither Party has an obligation to agree to refer the dispute to mediation nor other form of dispute resolution following completion of Level Three of the process described herein. Such agreement may be withheld for any reason or no reason. 13. INDEMNITY Each Party agrees to hold harmless, indemnify, and defend the other Party, its elected officials, officers, agents, and employees,from and against any and all claims, losses, or liability, for injuries, sickness, or death of persons, including employees of the indemnifying Party, or damages, arising out of any willful misconduct or negligent act, Page 12 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 error, or omission of the indemnifying Party, its officers, agents, or employees, in connection with the services required by this Agreement; provided, however,that: 13.1. The indemnifying Party's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the sole willful misconduct or sole negligence of the other Party, its elected officials, officers, agents, or employees; 13.2. The indemnifying Party's obligations to indemnify, defend, and hold harmless for injuries, sickness, death, or damage caused by or resulting from the concurrent negligence or willful misconduct of the indemnifying Party and the other Party, or of the indemnifying Party and a third party other than an elected official, officer, agent, or employee of the indemnifying Party, shall apply only to the extent of the negligence or willful misconduct of the indemnifying Party, its elected officials, officers, agents, or employees; 13.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its officers, agents, and employees harmless from any tax liability owed by other Party arising from or related to the transactions set forth herein, including, but not limited to, any taxes, penalties, fines and/or interest that are assessed by any tax authority against the indemnifying Party and further including all attorneys' fees and costs incurred in response to any claims or assessments by any tax authority against indemnifying Party, its officers, agents, and employees; and 13.4. The obligations in this Section shall survive termination or completion of this Agreement as to any claim, loss, or liability arising from events occurring prior to such termination or completion. 14. REMEDIES AND ENFORCEMENT 14.1. The Parties reserve the right to exercise any and all remedies available under the law, singly or in combination, and consistent with the dispute resolution and default Sections of this Agreement, in the event the other violates any provision of this Agreement. These remedies include, but are not limited to: 14.1.1. Commencing an action at law for monetary damages; 14.1.2. Commencing an action for equitable or other relief; and/or 14.1.3. Seeking specific performance of any provision that reasonably lends itself to such remedy. 14.2. All remedies set forth above are cumulative and the exercise of one shall not foreclose the exercise of others. Page 13 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 14.3. Neither Party shall be relieved of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure to enforce shall not constitute a waiver of rights or acquiescence in the other Party's conduct. 14.4. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorneys' fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification. 15. GENERAL PROVISIONS 15.1. This Agreement will take effect upon the last date of signature by the Parties as set forth below. This Agreement will remain in effect until the Project is completed and open to the public. Sound Transit and the City acknowledge that this Agreement is not a complete statement of terms and conditions that will apply to the transactions associated with the Project. If Sound Transit and the City determine it is in their respective best interests to enter into future agreements related to the Project,the terms of those agreements shall govern. Additional issues not addressed in this Agreement may be identified and included in these future agreements. 15.2. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. 15.3. This Agreement shall be binding upon and inure to the benefit of successors and assigns of the City and Sound Transit. 15.4. Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this Agreement,the reference to "days" shall mean calendar days unless otherwise noted. Any reference to "working days" shall exclude any City holidays and weekend days. If any time for action occurs on a weekend or legal holiday,then the time period shall be extended automatically to the next business day. 15.5. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 15.6. No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of any other party. 15.7. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the Party drafting Page 14 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 the document shall apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law. 15.8. Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties. 15.9. This Agreement may be amended only by a written instrument executed by each of the Parties hereto. The Designated Representatives may agree upon amendments to Exhibits or to extend the term of this Agreement. Such amendments shall be binding upon the parties without the need for formal approval by the Sound Transit Board and the Federal Way City Council, as long as the amendments are generally consistent with this Agreement and do not exceed the authority granted by the Sound Transit Board and City Council. 15.10. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. Each of the Parties has executed this Agreement by having its authorized representative affix his/her name in the appropriate space below and the effective date will be the last date written below: SOUND TRANSIT CITY OF FEDERAL WAY By: By: Peter M. Rogoff, Chief Executive Officer Jim Ferrell, Mayor Date: Date: Authorized by Motion No. Authorized by City Council on May 15, 2018. Page 15 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 EXHIBITS Exhibit A: ST3 Plan Representative Project Templates Exhibit B: Designated Representatives Exhibit C: Designated Representatives—Description of Roles Exhibit D: Schedule Milestones Page 16 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 EXHIBIT A ST3 PLAN REPRESENTATIVE PROJECT TEMPLATES • Tacoma Dome Link Extension • Light Rail Operations and Maintenance Facilities Page 1 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 EXHIBIT B DESIGNATED REPRESENTATIVES SOUND TRANSIT: CITY OF FEDERAL WAY: Curvie Hawkins Tony Doucette, PE Project Director Sound Transit Liaison Sound Transit City of Federal Way 401 S Jackson St 33325 8th Avenue South Seattle, WA 98104 Federal Way, WA 98003 (206) 689-4772 (253) 835-2713 curvie.hawkins@soundtransit.org Tony.Doucette@cityoffederalway.com Page 1 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 EXHIBIT C DESIGNATED REPRESENTATIVES—DESCRIPTION OF ROLES Each Designated Representative shall be responsible for Project coordination, design coordination, scheduling and communication in support of the implementation of the obligations imposed by this Agreement.The Designated Representatives shall meet and confer in good faith, exchange information and maintain open communication to facilitate the coordinated development of the Project.The Designated Representatives may receive notice at the above stated addresses. Each Party may unilaterally change their notification address in this section by written notice to the other Party. CITY DESIGNATED REPRESENTATIVE In order to proactively work through planning and design issues, and facilitate expedited project delivery, key City staff will need to coordinate on a regular basis with Sound Transit. Regular coordination meetings with the City Designated Representative as well as periodic coordination meetings with key technical staff at various City departments (Community Development, Public Works, Parks, Law and Police) are anticipated from the outset of project development. The Designated Representative, in conjunction with Sound Transit,will also identify appropriate check-in points with City Council. Participation by key technical staff in regular interagency meetings as well as occasional stakeholder workshops focused on alternatives development, station area planning, system access,TOD or other technical areas is also anticipated. Key responsibilities of the Designated Representative include the following: Serve as City's point of contact and coordinate involvement of other City staff: • Serve as City's single point of contact facilitating Sound Transit coordination efforts with the various City departments, Council, and Mayor. • Manage internal coordination efforts between various City departments. • Attend regular management coordination meetings with Sound Transit. • Coordinate City staff involvement in periodic technical coordination meetings with Sound Transit staff and consultants. • Participate in interagency meetings and coordinate involvement by other City staff as necessary. • Coordinate City involvement in stakeholder workshops focused on alternatives development, station area planning, system access, TOD or other issues. Page 1 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 Respond to requests for technical input and facilitate resolving issues: • Respond to Sound Transit for technical input related to project development. These could include: land use/zoning,traffic/parking, sensitive areas, hazmat, historic/archeological, parks/open space, other environmental concerns, utility, roadway/traffic, drainage, structural/building,fire/life safety, construction staging, property acquisition/right-of-way vacation, maintenance or similar design and permitting issues within the City's authority. • Identify City and private projects or proposals (e.g. utility projects,transportation projects, private development projects)that have the potential to interfere with the design and P construction of the Project, facilitate conflict resolution and identify opportunities for coordinated delivery or joint development. Coordinate City review of technical work and resolve potential inconsistencies: • Coordinate City staff review of alternatives development and EIS related documents and resolve inconsistencies among review comments between departments. • Coordinate City staff review of design submittals for stations, guideway and associated facilities and resolve inconsistencies among review comments between departments. Facilitate development of agreements: • Facilitate development of staff level agreements documenting City concurrence on analysis/design approaches and proposed solutions. • Facilitate development of partnering, preferred alternative and permitting agreements with Sound Transit at key milestones in project development. • Facilitate administration of interagency agreements, including City budget process, legislation, and ongoing reporting and financial management. SOUND TRANSIT DESIGNATED REPRESENTATIVE The Sound Transit Designated Representative will provide central coordination for Project Design Submittals and Project coordination. In addition to these tasks,the Sound Transit Designated Representative will participate in regularly scheduled project-level coordination meetings.The Sound Transit Designated Representative will ensure that all review comments are addressed and that responses to comments are coordinated between all Sound Transit departments and the consultant team. The Sound Transit Designated Representative will also be responsible for ensuring that the City is informed as soon as practicable of any changes required to the budget, scope or schedule of the Project that may impact the City. Page 2 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 EXHIBIT D SOUND TRANSIT SCHEDULE MILESTONES Schedule Objective Target Date Project Development Team Initiated Q3 2017 Project Development Begins Q4 2017 Preferred Alternative Concurrence Q2 2019 ST Board Identifies Preferred Alternative Q2 2019 Project Delivery Method Selected 2019 Permitting Plan Developed 2021 Environmental Review Complete &ST Board Selects Project to be Built 2022 Land Use/Discretionary Approvals Complete TBD Construction Begins 2025 Inspections and Certificate of Occupancy Complete TBD Revenue Service 2030 Page 1 Tacoma Dome Link Extension Partnering Agreement City of Federal Way and Sound Transit GA 0091-18 SOUND TRANSIT 3 Federal Way Transit Center to Tacoma Dome Light Rail Subarea South King/Pierce PROJECT AREA AND REPRESENTATIVE ALIGNMENT Primary Mode Light Rail Facility Type Corridor Federal Way Length 9.7 miles Transit center Date Last Modified July 1,2016 SHORT PROJECT DESCRIPTION This project would extend light rail from the Federal Way Transit Center to Tacoma adjacent to 1-5 with three elevated stations at 1411011 South Federal Way,Fife, and East Tacoma and one at- grade/retained station at Tacoma Dome. . Tacoma Dome Note: The elements included in this representative project will be refined during future phases of project development and are subject to change. KEY ATTRIBUTES REGIONAL LIGHT Yes RAIL SPINE Does this project help complete ' the light rail spine? CAPITAL COST $1.894—$2.026 Cost in Millions of 2014 S RIDERSHIP 27,000—37,000 2040 daily project riders PROJECT ELEMENTS • Approximately 9.7 miles of light rail in a mixture of at-grade and elevated guideway • 3 elevated stations: South Federal Way, Fife,and East Tacoma(in the vicinity of Portland Avenue), sized to accommodate 4-car trains • 1 at-grade/retained cut station:Tacoma Dome sized to accommodate 4-car trains • Parking garages at the South Federal Way and Fife stations,each with approximately 500 stalls;the scope of the transit parking components included in this project could be revised to include a range of strategies for providing rider access to the transit facility; along with,or instead of, parking for private vehicles or van pools, a mix of other investments could be accomplished through the budget for this project • A pedestrian bridge connecting the Tacoma Dome Station to Freighthouse Square • A new light rail bridge over the Puyallup River • Peak headways:6 minutes • 1 percent for art per Sound Transit policy • Non-motorized access facilities(bicycle/pedestrian),transit-oriented development(TOD)/planning due diligence,bus/rail integration facilities, and sustainability measures(see separate document titled "Common Project Elements") NOT INCLUDED • Light rail vehicles not included • Costs for operations and maintenance facility not included, but assumed to be built along corridor • See separate documents titled"Common Project Elements,""Light Rail Operations and Maintenance Facilities,"and"Light Rail Vehicles" ISSUES&RISKS • Potential future WSDOT project at I-5/SR 161/SR 18(Triangle project. Phase 2)and ongoing WSDOT planning for the Puget Sound Gateway Project(SR 167 Extension) Sound Transit 3 Template Release date:July 1,2016 Page 1 of 6 T SOUNDTRANSIT SOUND TRANSIT 3 Federal Way Transit Center to Tacoma Dome Light Rail KEY ATTRIBUTES ISSUES&RISKS • Clearance of the Bonneville Power Administration high-voltage transmission lines • At-grade profiles included in this project could result in more potential conflicts with other modes; this could affect speed and reliability • Requires FHWA/WSDOT approvals for use of interstate right-of-way • Complexity of the Puyallup River bridge crossing will require coordination and approval from the Puyallup Tribe of Indians; the new bridge may also require coordination with Coast Guard if levee is impacted • Geotechnical challenges and potential archeological discoveries at/near the Puyallup River and Tacoma Dome area • Construction near active freight and passenger rail lines • Potential impacts of climate change and future sea level rise in the vicinity of the Puyallup River • Light rail is not currently a permitted use in Federal Way but is specifically defined as an essential public facility;the Comprehensive Plan includes light rail • Light rail is not currently a permitted use in Milton; Milton considers transit facilities special uses 00,- • In Fife, light rail is not defined as an essential public facility but would be permitted in certain zones as a conditional use under EPF definition; the Comprehensive Plan includes light rail. • Light rail currently operates in Tacoma and specific station area standards are codified;the Comprehensive Plan includes light rail Sound Transit 3 Template Release date: _,.i; Page 2 of 6 T SOUNDTRANSIT SOUND TRANSIT 3 Federal Way Transit Center to Tacoma Dome Light Rail Sound Transit developed a conceptual scope of work for this project for the purpose of generating a representative range of costs,both capital and operating;and benefits,including ridership forecasts,TOD potential,multi-modal access and others. This information was developed to assist the Sound Transit Board as it developed the ST3 system plan,including phasing of investments and financial plan,for voter consideration. Final decisions on project elements(e.g.,alignment,profile,station locations,and number of parking stalls)will be determined after completion of system planning,project level environmental review,and preliminary engineering during which additional opportunities for public participation will be provided. Therefore,this scope definition should not be construed as a commitment that all representative features will be included in the final developed project. Long Description: This project would construct an extension of Link light rail from the Federal Way Transit Center to the Tacoma Dome Station generally along or near 1-5.The alignment would begin at the Federal Way Transit Center and have stations at South Federal Way,Fife,East Tacoma,and the Tacoma Dome.From the Federal Way Transit Center Station the alignment would curve east to meet 1-5 near S 324th Street.It would have a short at-grade section from S 322nd Street to S 333rd Street in order to cross underneath the Bonneville Power Administration high-voltage transmission lines.The alignment would then parallel the west side of 1-5 with the South Federal Way Station located just south of the I-5/SR 18 interchange at S 352nd Street.The station platform would be elevated and adjacent to a 500-stall parking garage. The alignment would continue adjacent to the west side of I-5 and be elevated.The alignment would have short at-grade sections where 1-5 curves to the west as it enters Fife,where the alignment would be located underneath the proposed WSDOT—Puget Sound Gateway Project(SR 167 Extension),and between approximately 70th Avenue E and 62nd Avenue E in Fife.The alignment would remain elevated.The Fife Station would be located east of 54th Avenue E above the 1-5 southbound off-ramp,and a 500-stall parking garage would be located just west of the Emerald Queen Casino. From the Fife Station,the alignment would remain elevated.It would follow I-5 until it crosses the Puyallup River where it would follow E Bay Street to a station in East Tacoma in the vicinity of E Portland Avenue.Alternatively,the East Tacoma Station could be located on E 27th Street and E Portland Avenue.A parking facility would not be associated with either East Tacoma Station location.The alignment would continue along East 26th Street to the Tacoma Dome Station area.The station is located parallel to the existing Tacoma Dome Station and Freighthouse Square on East 26th Street between East F Street and East D Street.The station has an at-grade/retained cut platform with a pedestrian bridge connecting to Freighthouse Square. Assumptions: • Reconstruction of the Federal Way/320th Park-and-Ride lot may be required;these anticipated costs are included in the cost estimate • Raising the Bonneville Power Administration high-voltage transmission lines may be required;these anticipated costs are included in the cost estimate • WSDOT noise wall replacement may be required,these anticipated costs are included in the cost estimate • Completion of the WSDOT—Puget Sound Gateway Project(SR 167 Extension) • A long span structure to cross the Puyallup River • Reconstruction of E 26th Street may be required;these anticipated costs are included in the cost estimate • Crossover and tail track storage are included • For non-motorized station access allowances,the South Federal Way Station,the Fife Station,and the East Tacoma Station are categorized as Suburban stations and the Tacoma Dome station is characterized as an Urban station and an intermodal transit center • For bus/rail integration,facilities have been assumed at the South Federal Way Station and the Fife Station • Budget for operations is included in the cost estimate.An operations and a maintenance facility is assumed to be built along this corridor. (See project titled"Operations and Maintenance Facilities") Environmental: Sound Transit will complete project-level state and federal environmental reviews as necessary;provide mitigation for significant impacts;obtain and meet the conditions of all required permits and approvals;and strive to exceed compliance and continually improve its environmental performance. Utilities: Utility relocation as needed to complete the project, including fiber optics,sewer,water,overhead electric/communications,etc. Right-of-Way and Property Acquisition: Property acquisitions anticipated at stations and traction power substations Sound Transit 3 Template Release date:July 1,2016 Page 3 of 6 SOUNDTRANSIT SOUND TRANSIT 3 Federal Way Transit Center to Tacoma Dome Light Rail Potential Permits/Approvals Needed: • Building permits:electrical,mechanical,plumbing • Utility connection permits • Construction-related permits(clearing and grading,stormwater management,street use,haul routes,use of city right-of-way) • Land use approvals(conditional use,design review,site plans,comprehensive plan or development code consistency,special use permits) • Requires FHWA/WSDOT approvals for use of interstate right-of-way • All required local,state and federal environmental permits • NEPA/SEPA and related regulations • US Coast Guard Bridge Permit • Corps of Engineers Section 10 Project Dependencies: • Completion of Link Extension to the Federal Way Transit Center • Purchase of additional light rail vehicles is required to operate service on this corridor • Construction of new operations and maintenance base capacity is required to accommodate the fleet required for this corridor Potential Project Partners: • City of Federal Way,Milton,Fife,and Tacoma • King County • Puyallup Tribe of Indians • Pierce County • WSDOT • Coast Guard • FTA • Army Corps of Engineers • FHWA • Transit partners serving project:King County Metro, Pierce • Bonneville Power Administration Transit Sound Transit 3 Template r Release date:July 1,2016 Page 4 of 6 T SOUNDTRANSIT SOUND TRANSIT 3 Federal Way Transit Center to Tacoma Dome Light Rail Cost: Sound Transit developed a conceptual scope of work for this project for the purpose of generating a representative range of costs,both capital and operating;and benefits,including ridership forecasts,TOD potential,multi-modal access and others. This information was developed to assist the Sound Transit Board as it developed the ST3 system plan,including phasing of investments and financial plan,for voter consideration. Final decisions on project elements(e.g.,alignment,profile,station locations,and number of parking stalls)will be determined after completion of system planning,project level environmental review,and preliminary engineering during which additional opportunities for public participation will be provided. Therefore,this scope definition should not be construed as a commitment that all representative features will be included in the final developed project. In Millions of 2014$ ITEM COST COST WITH RESERVE Agency Administration $100.14 $107.15 Preliminary Engineering&Environmental $62.73 $67.12 Review Final Design&Specifications $124.62 $133.34 Property Acquisition&Permits $72.71 $77.80 Construction $1,271.12 $1,360.10 Construction Management $112.16 $120.01 Third Parties $25.72 . $27.52 Vehicles $0.00 $0.00 Contingency $124.62 $133.34 Total $1,893.81 $2,026.38 Design Basis: Conceptual The costs expressed above include allowances for TOD planning and due diligence. Sustainability. Bus/rail integration facilities.and Non-Motorized Access. These allowances.as well as the costs for Parking Access included above,are reflected in the following table. Property acquisition costs are not included in the table below,but are included within the total project cost above. For cost allowances that are not applicable for this project, "N/A" is indicated. ITEM COST COST WITH RESERVE TOD planning and due diligence $1.22 $1.30 Sustainability $12.85 $13.75 Parking access $52.22 $55.87 Non-motorized(bicycle/pedestrian)access $31.85 $34.08 Bus/rail integration facilities $5.50 $5.89 Sound Transit 3 Templater Release date:July 1,2016 Page 5 of 6 T SOUNDTRANSIT SOUND TRANSIT 3 Federal Way Transit Center to Tacoma Dome Light Rail Evaluation Measures: MEASURE MEASUREMENT/RATING NOTES Regional Light Rail Spine Yes I Does project help complete regional light rail spine? i t A Ridership 27,000—37,000 t 2040 daily project riders ® Capital Cost $1,894—$2,026 Cost in Millions of 2014 S Q Annual O&M Cost $22 Cost in Millions of 2014 S O Travel Time 19 min In-vehicle travel time along the project(segment) Reliability High 100%in exclusive right-of-way 0 N Quantitative/qualitative assessment of alignment/route in exclusive TIME right-of-way H System Integration Medium Low to medium-high number of Qualitative assessment of issues and effects related to connections to existing daily transit connections; existing local bus service and potential future integration opportunities multi-modal integration opportunities at Tacoma Dome Ease of Non-motorized Access Medium Low Low to medium intersection density Qualitative assessment of issues and effects related to non-motorized providing non-motorized access, • • modes freeways as barriers,improved it, /� arterial crossing of I-5 at 54'h Ave E n Percent of Non-motorized Mode of Access 20-35% Percent of daily boardings 1 Connections to PSRC-designated Regional Centers 2 centers Downtown Tacoma,Port of Number of PSRC-designated regional growth and Tacoma MIC iiii i manufacturing/industrial centers served Land Use and Development/TOD Potential Quantitative/qualitative assessment of adopted Plans&Policies and Medium Moderate support in local and zoning compatible with transit-supportive development within 0.5 mile regional plans;approx.35%land is of potential stations compatibly zoned © Qualitative assessment of real estate market support for development 0 - within 1 mile of potential corridor Low Limited market support Density of activity units(population and employment for 2014 and Pop/acre:2014:2; 2040:5 2040)within 0.5 mile of potential station areas Emp/acre:2014:5; 2040:7 Pop+Emp/acre:2014:7; 2040: 12 Socioeconomic Benefits • IExisting minority/low-income populations within 0.5 mile of potential 44%Minority;17%Low-Income station areas 2014 and 2040 population within 0.5 mile of potential station areas Pop:2014:4,800; 2040:9,200 2014 and 2040 jobs within 0.5 mile of potential station areas Emp:2014:8,900; 2040: 14,700 For additional information on evaluation measures,see http://soundtransit3.org/document-library Sound Transit 3 Template Release date:July 1,2016 Page 6 of 6 T SOUNDTRANSIT SOUND TRANSIT 3 Light Rail Operations and Maintenance Facilities Subarea All PROJECT AREA AND REPRESENTATIVE ALIGNMENT Primary Mode Light Rail Facility Type N/A Length N/A • Date Last Modified July 1, 2016 SHORT PROJECT DESCRIPTION This project would construct two new light rail operations and maintenance facilities to accommodate additional fleet capacity. Note: The elements included in this representative project will be refined during future phases of project development and are subject • to change. KEY ATTRIBUTES REGIONAL LIGHT N/A RAIL SPINE Does this project help complete the light rail spine? CAPITAL COST $1.166—$1.248 Cost in Millions of 2014 S RIDERSHIP N/A 2040 daily project riders PROJECT ELEMENTS • Two operations and maintenance facilities: one in Lynnwood to Everett corridor and one in Federal Way to Tacoma corridor NOT INCLUDED • See separate document titled"Common Project Elements" ISSUES&RISKS • Facility siting could be near existing residential and/or commercial uses • Current zoning may not be compatible with use • Noise generation • Facility siting and design should consider potential future expansion needs • Jurisdictional coordination will be required for implementation of this project Sound Transit 3 Template Release date:July 1,2016 Page 1 of 5 i1 SOUNDTRANSIT SOUND TRANSIT 3 Light Rail Operations and Maintenance Facilities Sound Transit developed a conceptual scope of work for this project for the purpose of generating a representative range of costs,both capital and operating;and benefits,including ridership forecasts,TOD potential,multi-modal access and others. This information was developed to assist the Sound Transit Board as it developed the ST3 system plan,including phasing of investments and financial plan,for voter consideration. Final decisions on project elements(e.g.,alignment,profile,station locations,and number of parking stalls)will be determined after completion of system planning,project level environmental review,and preliminary engineering during which additional opportunities for public participation will be provided. Therefore,this scope definition should not be construed as a commitment that all representative features will be included in the final developed project. Long Description: This project would construct two new light rail operations and maintenance facilities:one in the Lynnwood to Everett corridor and one in the Federal Way to Tacoma corridor.Specific locations will be determined as part of light rail project development in each corridor. Assumptions: • North OMF would be sized to accommodate approximately 152 light rail vehicles • South OMF would be sized to accommodate approximately 108 light rail vehicles • Both facilities would be full service facilities and would include all heavy maintenance equipment • Includes employee parking • Additional future expansion could be accommodated Environmental: Sound Transit will complete project-level state and federal environmental reviews as necessary;provide mitigation for significant impacts;obtain and meet the conditions of all required permits and approvals:and strive to exceed compliance and continually improve its environmental performance. Utilities: Utility relocation as needed to complete the project,including fiber optics,sewer,water.overhead electric/communications,etc. Right-of-Way and Property Acquisition: Property acquisition required Potential Permits/Approvals Needed: • Building permits: Electrical,Mechanical,Plumbing • Utility connection permits • Construction-related permits(clearing and grading,stormwater management,street use,haul routes,use of city right-of-way) • Land use approvals(Conditional use,design review,site plans,Comprehensive Plan or development code consistency, Special Use Permits) • All required local,state,and federal environmental permits;NEPA/SEPA and related regulations. Project Dependencies: This project requires construction of the Lynnwood to Everett and Federal Way to Tacoma light rail projects. Potential Project Partners: • Local jurisdictions • WSDOT Sound Transit 3 Template r Release date:July 1,2016 Page 2 of 5 T SOUNDTRANSIT SOUND TRANSIT 3 Light Rail Operations and Maintenance Facilities Cost: Sound Transit developed a conceptual scope of work for this project for the purpose of generating a representative range of costs,both capital and operating;and benefits,including ridership forecasts,TOD potential,multi-modal access and others. This information was developed to assist the Sound Transit Board as it developed the ST3 system plan,including phasing of investments and financial plan,for voter consideration. Final decisions on project elements(e.g.,alignment,profile,station locations.and number of parking stalls)will be determined after completion of system planning,project level environmental review,and preliminary engineering during which additional opportunities for public participation will be provided. Therefore,this scope definition should not be construed as a commitment that all representative features will be included in the final developed project. In Millions of 2014$ North OMF ITEM COST COST WITH RESERVE Agency Administration $35.76 $38.27 Preliminary Engineering&Environmental $16.14 $17.27 Review Final Design&Specifications $32.29 $34.55 Property Acquisition&Permits $182.79 $195.59 Construction $329.31 $352.36 Construction Management $29.06 $31.09 Third Parties $6.46 $6.91 Vehicles $0.00 $0.00 Contingency $32.29 $34.55 Total $664.09 $710.58 Design Basis: Conceptual The costs expressed above include allowances for TOD planning and due diligence, Sustainability, Bus/rail integration facilities.and Non-Motorized Access. These allowances,as well as the costs for Parking Access included above,are reflected in the following table. Property acquisition costs are not included in the table below,but are included within the total project cost above. For cost allowances that are not applicable for this project, "N/A" is indicated. ITEM COST COST WITH RESERVE TOD planning and due diligence N/A N/A Sustainability N/A N/A Parking access N/A N/A Non-motorized(bicycle/pedestrian)access N/A N/A Bus/rail integration facilities N/A N/A Sound Transit 3 Template r Release date:July 1,2016 Page 3 of 5 T SOUNDTRANSIT SOUND TRANSIT 3 Light Rail Operations and Maintenance Facilities South OMF ITEM COST COST WITH RESERVE Agency Administration $26.59 $28.45 Preliminary Engineering&Environmental Review $16.11 $17.24 Final Design&Specifications $32.23 $34.48 Property Acquisition&Permits $30.68 $32.83 Construction $328.71 $351.72 Construction Management $29.00 $31.03 Third Parties $6.45 $6.90 Vehicles $0.00 $0.00 Contingency $32.23 $34.48 Total $501.99 $537.13 Design Basis: N/A The costs expressed above include allowances for TOD planning and due diligence, Sustainability,Bus/rail integration facilities.and Non-Motorized Access. These allowances,as well as the costs for Parking Access included above,are reflected in the following table. Property acquisition costs are not included in the table below,but are included within the total project cost above.For cost allowances that are not applicable for this project, "N/A" is indicated. ITEM COST COST WITH RESERVE TOD planning and due diligence N/A N/A Sustainability $0.08 $0.08 Parking access N/A N/A Non-motorized(bicycle/pedestrian)access N/A N/A Bus/rail integration facilities N/A N/A Sound Transit 3 Template r_ Release date:July 1,2016 Page 4 of 5 T SOUNDTRANSIT SOUND TRANSIT 3 Light Rail Operations and Maintenance Facilities Evaluation Measures: MEASURE MEASUREMENT/RATING NOTES Regional Light Rail Spine NA Does project help complete regional light rail spine? Ridership N/A 44004 2040 daily project riders ® Capital Cost $1..166—$1.248 Cost in Millions of 2014 S Q Annual O&M Cost $6 Cost in Millions of 2014 S O Travel Time N/A In-vehicle travel time along the project(segment) Reliability N/A ON Quantitative/qualitative assessment of alignment/route in exclusive TIME right-of-way (:) System Integration N/A Qualitative assessment of issues and effects related to connections to existing local bus service and potential future integration opportunities Ease of Non-motorized Access N/A Qualitative assessment of issues and effects related to non-motorized • modes (3;*9' Percent of Non-motorized Mode of Access N/A Percent of daily boardings Connections to PSRC-designated Regional Centers N/A Number of PSRC-designated regional growth and rtin manufacturing/industrial centers served Land Use and Development/TOD Potential Quantitative/qualitative assessment of adopted Plans&Policies and N/A zoning compatible with transit-supportive development within 0.5 mile © of potential stations Qualitative assessment of real estate market support for development 0+0+0 within 1 mile of potential corridor N/A Density of activity units(population and employment for 2014 and N/A 2040)within 0.5 mile of potential station areas Socioeconomic Benefits AltExisting minority/low-income populations within 0.5 mile of potential N/A � station areas 2014 and 2040 population within 0.5 mile of potential station areas N/A 2014 and 2040 employment within 0.5 mile of potential station areas N/A For additional information on evaluation measures,see http://soundtransit3.org/document-library Sound Transit 3 Template p Release date:July 1,2016 Page 5 of 5 T SOUNDTRANSIT COUNCIL MEETING DATE: May 15,2018 ITEM#: 5k CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PANTHER LAKE TRAIL CONSTRUCTION POLICY QUESTION: Should the City Council award the contract to Native Green Landscapes for the construction of the Panther Lake Trail and authorize the Mayor to execute the contract? COMMITTEE: Parks, Recreation,Human Services&Public Safety MEETING DATE: May 8, 2018 CATEGORY: ® Consent El Ordinance El Public Hearing El City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd,Parks Deputy Director....................................................................._..................._DEPT Parks...............__...........................................__..............._._.__....._.._... Attachments: Panther Lake Trail project memo and associated drawing. Options: Option 1. Award the contract in the amount of$644,665.00, which includes tax, for the construction of the Panther Lake Trail. Option 2. Do not award the contract and provide staff with direction. ............................................................................................................................................................................ . MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL:Ci%,/ �t1/gJir $7liØ //ii DIRECTOR APPROVAL:` LJ6%8 ommi ee Counci India ate Initial/Date Initial/Date COMMITTEE R OMMENDATION:I move to forward option I to the May 15, 2018 consent agenda for approval. / /1 A. e Aw ommittee Chair Committee Member Committ, Membe PROPOSED COUNCIL MOTION: "I move to award the contract to Native Green Landscapes in the amount of $644,665.00 for the construction of the Panther Lake Trail and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-11/2016 RESOLUTION# CITY OF 06,44 Federal Way Parks Department Date: April 30, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Panther Lake Trail project Background: The Parks Department received authorization from City Council in 2017 to bid a trail improvement project around Panther Lake. Due to unforeseen delays with permitting and a problem relocating a PSE utility vault, the parking lot design needed to be adjusted so the driveway could avoid a major electric vault; therefore bidding did not occur until 2018. The City advertised for 3 weeks and sent invitations to 11 contractors to bid on the trail project. Only 2 showed up to an onsite pre-bid meeting: Royal & Sons Construction and Tony Lind Paving. When the bids closed April 24, the City received no bids. Staff learned after bid closing that Royal and Sons Construction was interested in performing the work but did not submit a bid because they could not secure sufficient bonding for the entire project. After reviewing City Purchasing policies, we are not required to re-bid but can negotiate a package price with an interested party if no bids were received. Royal and Sons Construction is interested in doing the project minus the pervious parking lot. The City could remove the pervious concrete portion of the work from the scope of work and bid it separately as it is not time sensitive and weather dependent like the trail is and would be p Y one of the last tasks performed. Royal & Sons Construction will contract with Native Green Landscapes who has bonding capacity and would hold the contract. Native Green Landscapes has submitted a price to perform all the project specifications minus the pervious concrete in the amount of $644,665.00. This price is well within the engineer estimate for the scope of work they would provide. Available Budget: CIP Paths &Trails current balance - $1,082,602— (includes King County Trail Levy) these funds can only be used on trail projects. Trail project summary: Contech Engineering Solutions, LLC - $35,318.00—footbridge Native Green Landscapes $644,665.00—Trail construction Pervious concrete parking lot $132,000.00—engineer estimate Balance of misc. project work $210,000.00— Utilities, fixtures, landscape, signs, $1,021,983.00 special inspection, & contingency. Recommendation: City Council to award the contract to Native Green Landscapes in the amount of the contract. tax and authorize the Mayor to execute $644 665.00 includingy 1 ./ SOCIAL TRAIL SECTION • I I I , L.•-TRAIL INTERSECT-•NT WITH RPA TRAIL d n 1 EXISTING EARTH DAM ROL EQUIP.ACCESS POINT ONTO THE BPA TRAIL NEW TRAIL Fq. NEW FOOT NEW 26 STALL ��!!!� PARIONO LOT COUNCIL MEETING DATE: May 15,2018 ITEM#: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PANTHER LAKE TRAIL FOOTBRIDGE POLICY QUESTION: Should the City Council accept a responsive bid for a 50' long footbridge for the Panther Lake Trail improvement project from Contech Engineering Solutions and allow the City to enter into a purchasing agreement? COMMITTEE: PRHSPS MEETING DATE: 5/8/18 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT: Parks Background:This footbridge is part of a new loop trail improvement project located at Panther Lake. Attachments:Panther Lake Trail project memo and project drawing. Options: Option 1. Accept the bid from Contech Engineering Solutions and award the purchase in the amount up to $35,318 which includes tax and 10%contingency for the purchase of a 50' footbridge and approve the use of CIP funds. Option 2. Do not approve the purchase of a 50' footbridge and provide staff with direction. .................................................................................................................................................................................................................... . MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: _ 9 , .� =' / RECTOR APPROVAL: % y/.25�/* / Com ittee ounci Imhal/Date Initial/Date 41, Initial/Date COMMITTEE RECOMMENDATION:I move to forward the bid acceptance and use of CIP funds to make the purchase of a 50'footbridge from Contech Engineering Solutions in the amount up to $35,319 and allow the City to enter into a purchasing ago'ment to the May 15, 2018 consent ag-nda for approval. At/ � Committee Chair Committee -mber Com re Member PROPOSED COUNCIL MOTION: "I move acceptance of the bid and use of CIP funds to make the purchase of a 50' footbridge from Contech Engineering Solutions in the amount up to$35,319 and allow the City to enter into a purchasing agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—11/2016 RESOLUTION# CITY OF "� ... Federal Way Parks Department Date: April 25, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Panther Lake Trail footbridge purchase Background: The Parks Department received authorization from City Council in 2017 to bid a trail improvement project around Panther Lake. Due to unforeseen delays with permitting and a problem relocating a PSE utility vault, the parking lot design needed to be adjusted so the driveway could avoid a major electric vault; therefore bidding did not occur until 2018. As part of the loop trail design a 50' pedestrian footbridge was included to keep the trail within a woodland setting and cross over a ravine with a seasonal stream. In order to be able to coordinate the timing of the entire project within the dry season it was determined it best for the City to bid and purchase the footbridge so it would be available for the construction contractor to install with the rest of the trail project. In addition to controlling timing this purchase will also realize a cost savings for the bridge element. Bid results prior to tax and contingency: 1. Contech Engineering Solutions, LLC -$29,204.00 2. Big R Bridge $31,392.90 3. Bridge Brothers $35,117.00 4. RTI Bridge $49,500.00 Bridge purchase summary: Contech Engineering Solutions, LLC - $29,204.00 2,904.00— 10% tax 32,108.00 3.211.00— 10% contingency $35,318.00 Available Budget: CIP Paths &Trails current funds - $1,082,602—(including King County Trail Levy) these funds can only be used on trail projects. Recommendation: City Council to accept the bid from Contech Engineering Solutions for the purchase of a 50' long footbridge in the amount up to $35,318 and approve the use of CIP trail levy funds. r - . ... .,. ..,,,,--..„..-,... ... ..... ... SOCIAL TRAIL SECTION I L..-TRAIL INTERSECT-:. NMI BPA TRAIL 7d Ili/ (/// • i EXISTING EARTH DAN l •X.EQUIP.ACCESS POINT ONTO THE BPA TRAIL NEW TRAIL 7 Bim. NEW FOOT B `...... al.‘ NEW l6 STALL PARKING LOT 1.4 141 44 = co 3 t d CD 1CC l * Aid `F# O U1 ` 4 J ir"lo v } O CD - i*� r ••'1 —II .• ,.,.' ,„.* ... alt,....*41" t '.***2_, CD 0 . k " i$4 CO r-r } 4E 10.4 } . V M , moi" . ? . 4166 , ♦' cn C7 O i a) �. --1 _ "---6- .i y 44 s 0 k * F AV h.4**'' '‘''4 CD li 14 J I t d. , ' . % • O W CD ', '; P Q -,a s• � n � � u r ' Ili 13.4..: .3,.... 4',. 1:11141::414 t# : .: C C2 ,,Fite'FP' i " i it COUNCIL MEETING DATE: May 15,2018 ITEM#: 5iri CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Ballistic Vest Partnership(BVP) Grant. POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department apply for the 2018 Ballistic Vest Partnership(BVP) Grant; and,if awarded,accept the Grant with matching City funds? COMMITTEE: Parks,Recreation,Human Services&Public Safety MEETING DATE: May 8,2018 Council Committee(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kristen Gregory, Quartermaster DEPT: Police Department Attachments: 1. PRHS&PS Memo Options Considered: 1. Approve the Federal Way Police Department application for the 2018 BVP Grant, and acceptance of the Grant if awarded. 2. Deny Application MAYOR'S RECOMMENDATION: 1 Approve the 2018 BVP Grant MAYOR APPROVAL: �� ' Q1cij /, APPROVAL: IniiialC• mitt a Coii a COMMITTEE RECOMMENDATION: I move to forward the 2018 Ballistic Vest Partnership (BVP) Grant application and acceptance request to the May 15, 2018 consent agenda for approval. 'x.11 �..., AiWia,� ommittee Chair Committee h ember Commi -• ember PROPOSED COUNCIL MOTION: "I move approval of the 2018 Ballistic Vest Partnership (BVP) Grant application with matching City funds, and authorize Police Chief Andy Hwang to sign such Agreement if awarded." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 8, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell,Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: 2018 Ballistic Vest Partnership (BVP) Grant Funds. The Federal Way Police Department has a ballistic vest mandatory wear policy for all officers. As the vests expire (every 5 years),the department purchases replacement vests. By 4/31/2020, it is estimate that the Federal Way Police Department will need to purchase 56 ballistic vests.Each vest will cost approximately$1200.00.The total cost to the City of Federal Way is estimated to be $67,200.00. The purpose of the Bulletproof Vest Partnership (BVP) Program is to reimburse up to 50% of the cost of body armor vests purchased for law enforcement officers.The 2018 BVP award amount will be announced and available in the 3rd quarter of 2018.Awarded funds will expire on 8/31/2020;City matching funds will be taken from the Police Uniform budget. The Federal Way Police Department is seeking approval to apply for the Ballistic Vest Partnership Grant during the 2018 application period and that matching funds be set aside if awarded. 1 COUNCIL MEETING DATE: May 15,2018 ITEM#: 511 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pierce Transit Extra Duty Police Services Agreement POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department enter into an Agreement with Pierce Transit for Extra Duty Police Services? COMMITTEE: Parks,Recreation,Human Services&Public Safety MEETING DATE: May 8, 2018 Council Committee(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kyle Sumpter,Deputy Chief of Police DEPT: Police Department Attachments: 1. PRHS&PS Memo Options Considered: 1. Enter into an Extra Duty Police Services Agreement with Pierce Transit 2. Do not enter into an Agreement MAYOR'S RECOMMENDATION: 1 Enter into an Agreement for Extra Duty Police Services with Pierce Transit MAYOR APPROVAL: - g 1/ DIRE TOR APPROVAL: 0'•'7 Corn ittee uncil �5:// Initial COMMITTEE RECOMMENDATION: I move to forward the Pierce Transit Extra Duty Police Services Agreement to the May 15, 2018 consent agenda for approval. I / 01 / I Allah ommittee Chair Committee Member Co P ttee Memb- PROPOSED COUNCIL MOTION: I move approval of the Pierce Transit Extra Duty Police Services Agreement, and authorize Police Chief Andy Hwang to sign such Agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 8, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Pierce Transit Extra Duty Police Services Agreement Pierce Transit has requested Federal Way Police Officers to work extra duty at various Pierce Transit stations,vehicles,bus routes,bus stops, facilities and properties in Federal Way,Washington. The term of the agreement would be June 1, 2018 through December 31, 2018. Pierce Transit has agreed to pay an overtime rate of$71.17 per hour for each officer working in 2018 and beginning in January 2019 the hourly rate shall increase by the same percentage of pay increase given to the Police Guild Officers. The extra duty hours would be three (3) hours in the early morning and(3) hours in the evening. The officers would be working off duty hours so this would not impact the police services for the Federal Way Police Department, it would in fact enhance our services since Federal Way Officers would be working, in uniform, at various Pierce Transit sites and facilities. 1 CONTRACT NO. City of Federal Way EXTRA DUTY POLICE SERVICES AGREEMENT This agreement is made and entered into this day of 2018 by and between the City of Federal Way, Washington (hereafter "City") and Pierce County Public Transportation Benefit Area Corporation(hereinafter "Pierce Transit"). WHEREAS, Pierce Transit's operations occur in and around the City; WHEREAS, Pierce Transit seeks to contract with the City for police related services or assistance to support Pierce Transit's system; and WHEREAS, the City normally has resources available and is able to provide duly commissioned law enforcement officers to provide police related services to Pierce Transit subject to the terms and conditions set forth in this Agreement and the approval of the City's Chief of Police or Designee; and WHEREAS, the duly commissioned officers who may provide such service will be assigned to extra duty under this contract during their off-duty hours which will not conflict with their law enforcement obligation to the City; and WHEREAS, the parties intend that the City be reimbursed, as nearly as possible for its cost of providing policing services to Pierce Transit and that there shall be neither profit nor subsidy in the rates for such services; and WHEREAS, the parties are authorized to enter into this agreement by virtue of RCW 39.34 and 35.02.225; NOW, THEREFORE, the parties agree as follows: 1. PURPOSE. The purpose of this agreement is for the City to provide Pierce Transit with law enforcement services through the Federal Way Police Department(FWPD). It is the intent of all parties that the services provided herein shall be provided in conjunction with the Pierce County Sherriff's Department to provide law enforcement services to support Pierce Transit's system. 2. SCOPE OF PERFORMANCE. The City shall provide Pierce Transit with extra duty police officer services upon request by the Pierce Transit Chief of Public Safety. The parties acknowledge that the number of officers and number of hours requested by Pierce Transit may fluctuate depending on Pierce Transit's needs, and the City's Chief of Police and Pierce Transit's Chief of Public Safety shall work PT- Federal Way PD ILA together to determine the appropriate staffing level. Service provided by the City will be as is generally described below: (a) Number of officers: As requested by Pierce Transit subject to the approval of the City's Chief of Police. For planning purposes in the first year of this Agreement, the City should plan to have at least one (I) officer per shift,per day available to support this Agreement. (b) Hours and dates to be worked: In the first year of this Agreement, Pierce Transit anticipates requesting services on all days throughout the year of the contract from 0445 to 0745 and 2100 to 2400 each day or as determined by Pierce Transit otherwise. (c) Specific location of service. As requested by Pierce Transit, subject to the approval of the City's Chief of Police. Pierce Transit requests service at the Federal Way Transit Center (31621 23rd Ave S., Federal Way, WA.) and Pierce Transitvehicles, bus routes, bus stops, facilities and properties located in the City. (d) Duty of Officers: The officers assigned to support Pierce Transit pursuant to this agreement shall provide law enforcement services for and at various Pierce Transit stations, vehicles, bus routes, bus stops, facilities and properties and throughout Pierce Transit's system located within the City. Such services shall include but are not limited to addressing issues of safety and security, responding to calls for service, conducting criminal investigations, making arrests, writing official reports, and issuing exclusion orders as well as monitoring activities at or on various Pierce Transit stations, vehicles, bus routes, bus stops, facilities, properties, and parking lots. Service also includes ensuring the safety and security of the patrons, employees, staff and visitors to the various Pierce Transit stations, vehicles, bus routes, bus stops, facilities and properties. FWPD officers are expected to be at Pierce Transit locations within the City serving as a visual deterrent and liaison to the patrons and employees for a majority of the work shift. These services shall be provided in full uniform and shall be accompanied by a marked or other authorized police vehicle. It is the expectation of the parties that the officers scheduled for a pre- determined shift will be present to complete his/her shifts, except for the following circumstances: agency callback, late call/report from primary employment, family emergency, personal illness, all of which will be considered excused. The officers understand that it is their responsibility to make appropriate notification to FWPD management and attempt to find a replacement for their shifts. (e) The City shall furnish and supply all necessary personnel, supervision, equipment, uniforms, communication equipment, vehicles and supplies PT-Federal Way PD ILA Page 2 of 8 necessary to maintain the level of service to be rendered hereunder, and shall pay all salaries and employee benefits and other costs in connection therewith. (f) The City shall maintain all records relating to the administration of this agreement and staffing for same, provided that Pierce Transit shall have access to all records (excluding personnel records) relating to this agreement and/or law enforcement services provided to Pierce Transit upon request. (g) While working for Pierce Transit, officers will monitor and respond to radio calls for service within the City that originate from Pierce Transit. Pierce Transit will designate a Primary Talk group that officers must listen to and respond to calls for service. 3. ADMINISTRATION OF PERSONNEL. All personnel assigned to Pierce Transit shall be employed by the City and governed by the City and FWPD laws, rules, policies and collective bargaining agreements. Recruitment, replacement, and performance of all personnel shall be in accordance with such City laws, rules, policies, and agreement; provided however, that Pierce Transit may communicate performance concerns of City personnel to the City. Any assignment or re-assignment of personnel will be in the sole discretion of the City's Chief of Police. 4. CONTRACT TERM. The term of performance of the contract shall be from June 1, 2018 through December 31, 2018. Either party may terminate this Agreement for any reason and at any time when, in its sole discretion, it is in the best interest of the terminating party, by giving one hundred twenty (120) days prior written notice to the other party. The term of this agreement may be extended only upon the mutual written agreement between the parties, and subject to approval of their governing boards. 5. COMPENSATION. Pierce Transit shall pay the City as full reimbursement for all police services furnished under this contract a fee of$71.27 per hour, per officer, in calendar year 2018. On Independence Day holiday(July 4)the hourly rate shall be $95.03. Beginning January 1, 2019, the hourly rates shall be increased by the same percentage of pay increase in the Federal Way Police Guild bargaining agreement with the City. It is agreed upon that officers will be paid in 1/6 of an hour increments during times when officers work beyond their assigned shifts to complete reports, transports or other law enforcement duties that are Pierce Transit related. PT-Federal Way PD ILA Page 3 of 8 6. PAYMENT. Pierce Transit shall reimburse the City for law enforcement services described herein pursuant to the all-inclusive payment rate shown above. The City shall invoice Pierce Transit on or about the 15th of the month following the service and include detailed service information, including actual service hours and all-inclusive hourly rate per officer. Payment shall be made by a check payable to the City of Federal Way and sent to the City within thirty (30) calendar days after receipt of invoice. Payments will include a processing fee of$10.00 per month. Payments to the City that are received later than thirty (30) days following the invoice dates shall accrue interest at the rate of twelve percent (12%) per annum on the balance due. All payments shall first be applied to the accrued interest. Pierce Transit shall not be financially liable for scheduled law enforcement services which are not actually performed if non-performance occurred because an officer was unable to complete his shift. However, Pierce Transit is financially liable for scheduled law enforcement services at the designated hourly minimum in all other circumstances. 7. COORDINATION WITH CHIEF OF PUBLIC SAFETY. Pierce Transit has or will be contracting with Pierce County Sherriff s Department to provide a Chief of Public Safety who will be responsible for coordinating the daily delivery of policing services to Pierce Transit in conjunction and cooperation with the City and any other applicable law enforcement agencies. Pierce Transit reserves the right to directly hire a Chief of Public Safety as a Pierce Transit employee. The Chief of Public Safety will be tasked with coordinating all law enforcement efforts along with the City's FWPD officers. It shall be the responsibility of the Chief of Public Safety to determine the appropriate coverage, amount of hours, and type of work needed by FWPD officers to support Pierce Transit's system. The Chief of Public Safety will coordinate with the City's Chief of Police as needed, to ensure appropriate levels of law enforcement coverage for Pierce Transit. 8. DUTY STATUS. Each police officer assigned to work, pursuant to this contract, is subject to call or assignment elsewhere by the City's Chief of Police or the Chief's designee, at any time for emergencies, special assignment, or overtime duty. Extra duty employment shall not infringe or interfere with the officer's primary obligations associated with his or her employment obligations to the City. PT-Federal Way PD ILA Page 4 of 8 personnel, and other matters incident to the performance of services by the City pursuant to this Agreement. Nothing in this agreement shall make any employee of Pierce Transit a City employee or any employee of the City a Pierce Transit employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title51 RCW, or any other rights or privileges accorded City or Pierce Transit employees by virtue of theiremployment. 14. INSURANCE COVERAGE. The City shall maintain at all times during the course of this agreement a general liability insurance policy or other comparable coverage with a self-insured retention of no more than $500,000.00 and a policy limit of no less than $5,000,000.00 dollars. 15. LIABILITY AND INDEMNIFICATION. Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees or officers. While providing services hereunder, the acts or omissions of extra duty officers in the course and scope of supporting or otherwise providing services to Pierce Transit under this Agreement shall be deemed to be acts or omissions of City employees which shall be the sole responsibility of the City. Each party shall be responsible for its own negligence and that of its employees. Each party shall defend, indemnify and save harmless, the other party or the other party's officers, employees and agents from any and all costs, claims, judgments or awards of damages, resulting or arising from the acts or omissions of the indemnifying party, its officers or employees arising out of or in connection with the performance of this agreement. This indemnity provision shall survive the expiration or termination of this Agreement. 16. DISPUTE RESOLUTION. In the event of a dispute in the administration of this agreement, Pierce Transit CEO or her designee shall discuss the dispute with the City's Chief of Police in an attempt to resolve the problem. If Pierce Transit CEO and the City's Chief of Police are unable to resolve a claim or dispute stemming from this Agreement, the parties agree to participate in non-binding mediation before a third party professional mediator, whose selection will be mutually agreed upon. The cost of mediating the dispute will be borne equally by both parties, and mediation should occur within thirty (30) days of a request by either party to engage in mediation.No claim or suit may be brought until the dispute resolution procedures as set forth in this section have been exhausted. If dispute resolution efforts under this section are not successful, either party may institute legal action to enforce the terms and conditions of this agreement. Exclusive jurisdiction for any such dispute shall be Pierce County Superior Court in Tacoma, Washington. PT-Federal Way PD ILA Page 6 of 8 17. NOTICES All notices and other material to be delivered under this contract shall be in writing and shall be delivered or mailed to the following address: City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 Attn: Chief of Police Pierce Transit 3701 96th St. SW Lakewood, WA 98499 Attn: Chief Operations Officer Pierce Transit 3701 96th St. SW Lakewood, WA 98499 Attn: General Counsel Or such other addresses as either party may, from time to time, designate in writing. 18. SIGNATURES. The parties agree that all signatures, whether original, copy or faxed on this agreement will be considered originals. 19. SEVERABILITY. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 20. CONFLICTS. In the event of a conflict between any other agreements between the parties including, this Agreement shall govern. 21. ENTIRE AGREEMENT. No modification or amendment of this contract shall be effective unless in writing and signed by authorized representatives of the parties after approval of their respective governing body. This contract contains the entire agreement between the parties and may not be enlarged, modified or altered except in writing signed by the parties. PT-Federal Way PD ILA Page 7 of 8 In WITNESS hereof,the parties have executed this Agreement on this date,the day of May 2018. CITY of FEDERAL WAY PIERCE TRANSIT Andy J. Hwang,Chief of Police/Date Sue Dreier, Chief Executive Officer Attest: Stephanie Courtney,City Clerk/Date Deanne Jacobson, Clerk of the Board/Date Approved as to legal form only: Approved as to legal form only: Ryan Call, City Attorney/Date Dana A. Henderson, General Counsel/Date PT-Federal Way PD ILA Page 8 of 8 COUNCIL MEETING DATE: May 15,2018 ITEM#: 5o CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Military Rd S and S 298th Street Compact Roundabout Project— 100%Design Status Report and Authorization to Bid POLICY QUESTION: Should Council authorize staff to bid the Military Rd S and S 298th Street Compact Roundabout Project and return to the LUTC and Council for bid award,further reports,and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 7,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine J.Mullen,P.E., Streets Project En•• Q DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated May 7,2018 Options Considered: 1. Authorize staff to bid the Military Rd S and S 298th Street Compact Roundabout Project and return to the LUTC and Council for bid award,further reports,and authorization. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 15,2018 City Council Consent Agenda for appr val. MAYOR APPROVAL: .S DIRECTOR APPROVAL: 312/IS o 'ttee Co ncil ru tal/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward Option 1 to the May 15, 2018 consent agenda for approval. Mark Kop g, Committee Chair J sse ohnson,Committee Hoang Tran, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the Military Rd S and S 298th Street Compact Roundabout Project and return to the LUTC and Council for bid award,further reports, and authorization." (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: May 7,2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Public Works Directo Christine Mullen,P.E., Streets Project Engine SUBJECT: Military Rd S& S 298th St Compact Roundabout oject—100%Design Status Report and Authorization to Bid BACKGROUND: This project will construct a compact roundabout at the intersection of Military Rd S and S 298th St. This project requires right-of-way acquisition from only one parcel. The following provides a brief synopsis of the progress on this project to date. Currently,the project design is 100%complete,which includes the following completed tasks: • NEPA Approval • Right of Way Acquisition Ongoing Tasks Include: • Right of Way Certification from WSDOT • Final Project Plans& Contract Specifications • Utility Coordination • SEPA Approval PROJECT ESTIMATED EXPENDITURES: Consultant Design $136,873 Right of Way $2,676 Construction Cost $603,000 10%Construction Contingency $60,300 Construction Management(in house) $0 TOTAL PROJECT COSTS $802,849 AVAILABLE FUNDING: Budgeted City Funds $80,344 WSDOT Safety Grant $723,092 TOTAL AVAILABLE BUDGET $803,436 COUNCIL MEETING DATE: May15,2018 ITEM#: 6a ............ ... ...... ...... . . .......... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:Public hearing regarding the adoption of interim land use regulations in Title 19 FWRC to control the provision of telecommunications facilities within the City. POLICYQ UESTION:N/A COMMITTEE:N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Mark Orthmann, Deputy City Attorney CJ DEPT: Law Attachment: Staff Report Background: This public hearing is being held regarding the adoption of interim land use regulations (pursuant to Title 19 FWRC) to control the provision of telecommunications facilities within the City. The revisions to Title 4 FWRC, regarding franchising within City rights-of-way, will also be discussed during the presentation because they operate in tandem with the interim land use regulations. The interim land use ordinance under Title 19 FWRC, and the franchising ordinance under Title 4 FWRC, will be brought before Council for consideration and action during the"Ordinances" agenda item at this meeting. MAYOR'S RECOMMENDATION: N/A J / MAYOR APPROVAL: N/A //b/� DIRECTOR APPROVAL: d'RC.- CPO? Committee Co ncil ((( Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:N/A (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# ap•""" """ r J� (� OGDEN MURPHY WALLACE,PLLC T 206.447.7000 OMWLAW.COM d 901 FIFTH AVENUE,SUITE 3500 F 206.447.0215 at E'ti„ SEATTLE,WA 98164-2008 € 1 ! 1 f MEMORANDUM DATE: May 9, 2018 TO: Federal Way City Council City of Federal Way Mark Orthmann, Deputy City Attorney FROM: W. Scott Snyder, Special Counsel RE: Public Hearing Draft Ordinance Amending Title 4 FWRC for Franchises, and Interim Zoning Ordinance Amending Chapters 19.05, 19.15 and 19.255 FWRC A public hearing is required by state law to adopt the interim zoning ordinance related to Title 19 FWRC. At the public hearing, staff's presentation will cover the revisions to both Title 19 and Title 4 FWRC because those code changes operate in tandem. The ordinances themselves will be presented for Council consideration during the "Ordinances" section of the agenda. This memorandum explains the revisions made between the presentation at the Land Use & Transportation Committee meeting and first reading at tonight's meeting. As a part of the preliminary process, drafts of the ordinances on which staff and I have been working were forwarded to the wireless communications industry. Communications have been received to the date of this memo on behalf of AT&T and Verizon. Additional comments on behalf of T-Mobile and other carriers may come into City Council prior to or at the public hearing. The comments generally fall into four categories: 1. Technical comments or typographical errors. These corrections are shown on the redline versions of the ordinances sent to you by email. The clean versions are included in your packets. 2. Requests which raise policy considerations, typically concerning the zoning code. One advantage of using the interim zoning ordinance process is that it allows the Planning Commission to work with the industry and the public to dig deeper into certain policy concerns. Examples from the comments which have been provided include: a. Should the shorelines code be amended to permit small cells in shoreline districts? {WS51730870.DOCX;1/13104.080005/} May 9, 2018 Page 2 b. Should larger scale telecommunications facilities such as micro cells and macro cells be permitted in the public right-of-way? 3. Other items for Planning Commission consideration include integration of the definitions into your zoning code and amendment of the zoning district use tables. 4. Certain other comments come to you with staff recommendation that they not be incorporated into the code. Examples include: a. Opportunity for public comment. We suggest that the carriers be encouraged to involve the public in their educational process rather than deleting the provision in draft FWRC 4.22.055 as requested by Verizon's representative. b. Mockups. A mockup is a test construction incorporating a company's small cell facility into a standard city light pole. The original draft required a mock up, carriers suggested either deleting it or providing for a mockup at the discretion of the Director. Staff suggests that due to concerns regarding competitive equity, if a waiver is provided, it be provided only when the carrier had previously installed its small cell facility in a light pole identical to that used by the city. That is, that there is a working example which staff could review. Our primary concern is with a new technology which has not been previously installed in a city light pole and the impact on the right-of-way of having construction and testing occur in the public right-of-way. c. Deletion of the limitation on the volume of small cell antennas. As noted at your committee meeting, the state definition of small cell specifies the volume of an antenna but not how many antennas can be placed on a pole. In consultation with the industry, that number has grown to a proposed limitation of four antenna or twelve cubic feet on a pole. Staff opposes eliminating the cap altogether. WSS:gjz {WS51730870.DOCX;1/13104.080005/} 2 COUNCIL MEETING DATE: May 15,2018 ITEM#: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESCHEDULING OF THE AUGUST 7,2018 REGULAR COUNCIL MEETING POLICY QUESTION: Should the City Council suspend the Council Rules of Procedure and reschedule their August 7,2018 Regular Meeting to August 14,2018? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: Section 2.1(1) of the Council Rules of Procedure states the City Council will conduct Regular Meetings the first and third Tuesday of each month. Section 23.1 of the Council Rules of Procedure states any provision of the rules not governed by state law or ordinance, may be temporarily suspended by a two-thirds (2/3)majority vote of the Council. The National Night Out Against Crime Event is scheduled for August 7, 2018, the same date of a City Council Regular Meeting. In an effort to allow the Council to participate in the National Night Out Event, the Council may suspend the Rules of Procedure to reschedule their August 7,2018 Regular Meeting to August 14,2018. Options Considered: 1. Suspend the Council Rules of Procedure and reschedule the August 7, 2018 Regular Meeting to August 14,2018. 2. Conduct the August 7, 2018 Regular Meeting. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A CITY CLERK APPROVAL: Committee Council iia ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to suspend the Council Rule 2.1 1 for the purpose rescheduling �� P P of the August 7, 2018 City Council Regular Meeting to August 14, 2018. " (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# COUNCIL MEETING DATE: May 15,2018 ITEM#: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CANCELLATION OF AUGUST 21,2018 REGULAR COUNCIL MEETING POLICY QUESTION: Should the City Council suspend the Council Rules of Procedure and cancel their August 21, 2018 Regular Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: Historically, the City Council has canceled the second Regular Meeting in August to allow for summer vacations for Councilmembers and staff. Section 2.1(1)of the Council Rules of Procedure states the City Council will conduct Regular Meetings the first and third Tuesday of each month. Section 23.1 of the Council Rules of Procedure states any provision of the rules not governed by state law or ordinance, may be temporarily suspended by a two-thirds(2/3)majority vote of the Council. Options Considered: 1. Suspend the Council Rules of Procedure and cancel the August 21, 2018 Regular Meeting. 2. Conduct the August 21,2018 Regular Meeting. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A S CITY CLERK APPROVAL Committee Council Init ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to suspend the Council Rule 2.1(1)for the purpose of canceling the August 21, 2018 City Council Regular Meeting" (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# COUNCIL MEETING DATE: May 15,2018 ITEM#: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:APPOINTMENT TO ARTS COMMISSION POLICY QUESTION: Should the City Council appoint a current alternate Arts Commission member to fill an unexpired voting term? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business fl Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Arts Commission is comprised of nine voting members and may have up to two alternates. Members are appointed by the City Council and serve three year terms. One unexpired voting position with a term through December 31,2019 is currently vacant due to a resignation. In accordance with the Council Rules of Procedure 19.10(2), when a position becomes available mid-term the City Council may appoint an alternate commissioner who is serving on that same commission. Alternates who were previously interviewed within twelve months of the vacancy being created do not need to be interviewed again. Current alternate member Karen Brugato was interviewed February 6, 2018 and is seeking appointment as a voting member. Options Considered: 1. Appoint Karen Brugato as a voting member to fill the remainder of the unexpired term through December 31,2019. 2. Direct the City Clerk to advertise for additional applicants to the Arts Commission. ........................................................................................................................................................................._.............................................................................................................................................................................................................................................. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A S A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION: "I move to appoint Karen Brugato as a voting member of the Arts Commission for a term to expire December 31, 2019." (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# COUNCIL MEETING DATE: May 15,2018 ITEM#: 8a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Adopting interim land use regulations to control the provision of telecommunications facilities within the City. POLICY QUESTION: Should the City adopt interim land use regulations to control the provision of telecommunications facilities within the City? COMMITTEE: LUTC MEETING DATE: May 7, 2018 CATEGORY: E Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Mark Orthmann Deputy City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Approve the proposed ordinance. 2. Do not approve the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 ,f MAYOR APPROVAL: y DIRECTOR APPROVAL: q' (4 Co mittee Counc. Initial ate I ial/Date Initial ate COMMITTEE RECQQMMENDATION:I move tojorward the proposed ordinance to first reading on May 15, 2018 sUte-GHv q 5 tf'rel4e n/and perferille I r bn-1 bn of public contwi Ytfs_ Mark Kopp, Comm itt hair Jess Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE(MAY 15): "I move to forward approval of the ordinance to the June 5, 2018 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE(JUNE 5): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: '(� ❑ APPROVED COUNCIL BILL# G4'*1 9,l O DENIED First reading O TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# D- F. i , � .GM ©MWLAW.COM Ekgty\ t.\. Ff ..moo w..... MEMORANDUM DATE: May 7, 2018 TO: Federal Way City Council Members City of Federal Way Mark Orthmann, Deputy City Attorney City of Federal Way FROM: W. Scott Snyder, Special Counsel RE: Interim Zoning Ordinance Revision to Title 19 FWRC INTRODUCTION As noted in the companion memo regarding the amendments to Title 4 FWRC, more problematic uses and design standards, particularly those installations in the City Center Core and Frame zones or in undergrounded areas are called out for greater scrutiny. The review utilizes the general structure of the City's zoning code developed to regulate the erection of large scale wireless communications facilities such as macro towers. Because of the need to coordinate these provisions with the franchise provisions being enacted, an interim zoning ordinance format is utilized. This will allow the City, through its Planning Commission, to carefully consider the standards for small cell deployment under an extended work plan. STRUCTURE OF REVISIONS TO TITLE 19 FWRC 1. New definitions are integrated into the zoning code. The provisions contained at pages 1 through 14 of the draft Ordinance, in Sections 1 through 5 are primarily existing code language. 2. Section 6 of the ordinance exempts right-of-way use permits from the land use oversight. This provision is specifically authorized by the Growth Management Act and Regulatory Reform (Chapters 36.70A and B, RCW), and expands an existing exemption for street vacations. 3. Section 7 of the ordinance, at page 16, clarifies the application of zoning to the public rights-of-way. The City's current code, like most cities' codes, currently ignores the installation of utility structures in the public right-of-way. {WSS1723438.DOCX;1/13104.080004/} Federal Way City Council Members April 25, 2018 Page 2 4. Draft Chapter 19.255 FWRC — Wireless Communications Facilities integrates provisions regarding small cell deployments. These provisions: a. Adopt design and concealment standards for small cell deployment. See page 21, FWRC 19.255.060. b. Designate certain districts of the City for greater scrutiny and the development of specific concealment plans. The zones designated are the City Center Core and City Center Frame zones, as well as designated landmark districts and Shorelines jurisdictions. c. Greater protections for these areas are achieved through specific hearing examiner review of concealment plans for installation in the design districts and in areas of the City which have been undergrounded. FWRC 19.255.140—.150 at pages 27 and 28 of the draft ordinance. The remaining provisions are currently in the City's code and regulate the installation of macro facilities. CONCLUSION The two ordinances amending Title 4 FWRC and the City's zoning code are integrated and go hand in hand to regulate small cell facilities both in the public right-of-way and outside of the public right-of-way. They provide greater protections for the City's critical zones and undergrounded areas. I look forward to answering any questions that you may have. Respectfully submitted, Scott Snyder WSS/gjz {WSS1723438.DOCX;1/13104.080004/} ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of interim land use regulations and official controls pursuant to RCW 35A.63.220 and RCW 36.70A.390 to control the provision of telecommunications facilities within the City; amending FWRC 19.05.010, 19.05.050, 19.05.130, 19.05.170 and 19.05.240 to revise and repeal definitions relating to wireless communications; FWRC 19.15.010 to exempt street use approvals; FWRC 19.190.030 to clarify the application of unzoned property to right-of-way use; repealing Chapter 19.255 FWRC; and adding a new Chapter 19.255 FWRC relating to Wireless Communication Facilities. (Amending Ordinance Nos. 15-804, 15-797, 13-754, 11-700, 09-610, 09-605, 09-593, 08-585, 97-291, and 90-43) WHEREAS, Chapter 19.255 of the Federal Way Revised Code ("FWRC") provides for review procedures applicable to the installation of wireless communication facilities in the various zones of the City; and WHEREAS, contemporaneous with the consideration of this ordinance, the City Council enacted amendments to its franchise provision as Chapters 4.23 and 4.24 FWRC in order to provide for the deployment of small cell facilities and to establish time limits known as "shot clocks" as required by federal laws such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001; and WHEREAS, federal laws and regulations set time limits on the processing of applications for eligible facility requests to expand existing structures that do not substantially change the height or profile of the structures used to collocate wireless communication facilities; and WHEREAS, eligible facilities requests that would not substantially change the height or profile cannot be denied and/or are deemed approved if not acted upon within sixty (60) days of the receipt of an application ; and WHEREAS, federal law imposes a ninety (90) day time limit or "shot clock" on consideration of applications for the collocation of wireless communication facilities on existing Ordinance No. 18- Page 1 of 37 towers and base stations and a one hundred and fifty (150) day shot clock for the consideration of all requests to install new antenna support structures; and. WHEREAS, the City Council acknowledges that the growing use of smart phones and other personal wireless devices creates a substantial need for wireless data transmission; therefore, the City Council deems it in the public interest to adopt the federal guidelines by separate contemporaneous action while integrating the provisions of such changes in the zoning code in order to ensure for the speedy review of applications; and WHEREAS, the potential conflict between City land use review timelines and the preemptive federal shot clocks requires the use of an interim zoning ordinance; and WHEREAS, the adoption of the contemporaneous franchise revisions and shot clocks requires integration with the City's zoning code in order to provide for design guidelines and processes to be used in the consideration of applications for eligible facilities requests as well as small cell deployment applications; and WHEREAS, the City Council finds it to be in the public interest to exercise its discretion pursuant to RCW 36.70B.140 to exclude street and public right-of-way use approvals and vacations from the review requirements of RCW 36.70B.080 and RCW 36.70B.110—.130; and WHEREAS, a public hearing was held on May 15, 2018. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 19.05.010 is hereby amended to read as follows: "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture,bankruptcy, or foreclosure. Ordinance No. 18- Page 2 of 37 "Abandoned wireless communication facility"means a WCF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days;y , or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. See FWRC 19.265.010. "Accessory dwelling unit (ADU)" means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include: (1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit. (2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: Ordinance No. 18- Page 3 of 37 (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama" and"peepshow" shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise; or (b) Provides, as its substantial stock-in-trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult-oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult-oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or"specified sexual activities" (defined in FWRC 19.05.190). Ordinance No. 18- Page 4 of 37 "Agricultural use"means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of"urban agriculture." "Air rights"means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium"means soil deposits transported by surface waters. Animal Care Facility. See definition of"animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. or similar devices used to transmit er receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) "Omni directional (or `whip') antenna(s)" transmits and receives radio frequency signals-in-a 360 degree radial pattern. Gpecific directional pattern of less than 360 degrees. (3) "Parabolic (or `dish') antenna(s)" is- a lel shaped device for the reception and/or transmission of communications signals in a specific directional pattern. a global positioning satellite (GPS) antenna. "Antique" or "collectible" means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. Ordinance No. 18- Page 5 of 37 "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Average building elevation (ABE)" means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. Allowed au dmg Heol 1111Lowest Ret Eighes[ Elauation datum(ABE) ®,station "Average slope" means the average grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid, roof-like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 2. FWRC 19.05.050 is hereby amended to read as follows: "Easement"means the right to use the real property of another for a specific purpose. "EMF" means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. This term includes Radio Frequency or RF radiation. switching equipment, cooling system and back up power systems. Ordinance No. 18- Page 6 of 37 "Erosion" means the removal and transport of soils or rock fragments by water, wind, ice, or similar natural forces. "Essential public facility" is any facility or conveyance that: (1) Is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) Is a necessary component of a system, network or program which provides a public service or good; (3) Is owned or operated by a unit of local or state government, a private or nonprofit organization under contract with a unit of government or receiving government funding, or private firms subject to a public service obligation; and (4) Meets the following definitions of either a Class I or a Class II essential public facility: (a) Class I facilities are those facilities of a county, regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities may include several local jurisdictions or a significant share of the Puget Sound regional population and may include,but are not limited to, the following: (i) State or regional education facilities (except minor branch facilities), including: research facilities, university branch campuses, and community colleges; (ii) State or regional transportation facilities, including: light and/or standard rail lines, commuter terminals, transit centers, and park-and-ride lots in residential zones; (iii) State or regional correctional facilities; (iv) Solid waste handling facilities (large scale), including: transfer stations and recycling centers; (v) Sewage treatment plants; (vi) Power plants; (b) Class II facilities are those facilities of a local nature intended to meet the service needs of the local community. Class II facilities are typically characterized by providing some type of in-patient care, assistance, or monitoring and may include, but are not limited to, the following: (i) Substance abuse facilities; (ii) Mental health facilities; Ordinance No. 18- Page 7 of 37 (iii) Group homes/special needs housing; (iv) Local schools, including: elementary schools, middle schools, and high schools; (v) Social service transitional housing, including: domestic violence shelters, homeless shelters, and work-release. "Excavate" or"excavation"means the mechanical removal of soils or underlying strata. "Exposed building face" for sign regulations means the building exterior wall of a single- occupant building or the building exterior wall of an individual tenant's leased space in a multi- tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it,used for sign area calculation for building-mounted signs. Section 3. FWRC 19.05.130 is hereby amended to read as follows: "Maintenance," for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. "Manufactured home" means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). "Manufacturing and production" means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories: (1) "Manufacturing and production, general," means establishments typically manufacturing and producing for the wholesale market. (2) "Manufacturing and production, limited," means retail establishments engaged in the small- scale manufacture, production, and on-site sales of custom goods and products. These uses are distinguished from "manufacturing and production, general," by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. This category includes uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. Ordinance No. 18- Page 8 of 37 "Maximum lot coverage" means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC 19.110.020 et seq. for further details. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. "Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. "Micro-brewery," "micro-distillery," or "micro-winery" means a small-scale "brewery" limited to production of less than 3,750 beer barrels per year (115,000 gallons), small-scale "distillery" limited to production of less than 7,600 9-liter cases per year (65,000 liters), or small-scale "winery"limited to production of less than 3,000 cases per year(495 gallons), respectively. "Microcell"means-a wireless communication facility consisting of an antenna that is either: (2) If a tubular antenna, ne m xerc than four inches in diameter and no more than six feet high. "Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna,no more than four inches in diameter and no more than six feet in length. A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. "Mixed-use building" means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces. "Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. "Multiple-story building" means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area. "Multi-tenant complex" means a complex containing two or more uses or businesses. "Multi-use complex" means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are Ordinance No. 18- Page 9 of 37 specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi-use complex. "Mural" means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Section 4. FWRC 19.05.160 is hereby amended to read as follows: "Panhandle lot"means flag lot. "Parking area"means any area designed or used for parking vehicles. "Parking space" means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. "Parking structure" means a building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. Pea Patch Garden. See the definition for"community gardens." "Pedestrian oriented" means a street that is designed to encourage pedestrian movement and pedestrian orientation in relationship to buildings. "Personal wireless service facility (PWSF)" and/or "Wireless Cemmunication Facility (WCF)," including a mieroccll, that is a facility for the tra -- •= . -. . - : . •- . - • - signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a antennas. means facilities associated with the provision of personal wireless services. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. "Plaza" means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features and furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks. "Portable moving containers" means new or used prefabricated units that can be rented by residential or business customers for temporary accessory moving and storage activities, including, but not limited to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and "Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary loading period, then retrieved by truck and delivered to another location, which may include a storage facility. See FWRC 19.275.020. Ordinance No. 18- Page 10 of 37 "Preapplication conference" means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to pertinent codes and regulations. "Primary vehicular access" means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. "Principal use"means the primary or predominant use of any lot or parcel. "Private club" means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. "Property line" means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. (2) For flag lots, the yard setbacks shall be applied per the following graphic: Flag Lot Setbacks Lot 2 r 0.. oreoe„ ror Lot 21 Lal • Access Easement lorlott •.r Or Lot Lot 2 Lot l L oioo, Notanarterial lot Arterial or ror Lax or principal collector '"."0 eaaamea 'principal collector lot Lot 1 Lot a-r Drrvevray Loll br Lill 3 rad. 2m A¢esa Eo ...___.. for Lotott .... Lot l F=Front Yard Not an arterial S=Side Yard or pr'i ricipal¢otlector R=Rear Yard Ordinance No. 18- Page 11 of 37 (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (4) The side property line is any proert line other than a front property line or a rear property line. "Public park" means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. "Public space" means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas and available to the public at least 12 hours each weekday. Public on-site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public. "Public utility" means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. "Public works director" means the director of the department of public works of the city. Section 5. FWRC 19.05.230 is hereby amended to read as follows: "Water feature" means a fountain, cascade, stream water, water wall, water sculpture, or reflection pond. The purpose is to serve as a focal point for pedestrian activity. "Water park" means an amusement park that features water play areas, such as water slides, splash pads, spraygrounds (water playgrounds), lazy rivers, or other recreational bathing, swimming, and barefooting environments. Accessory water features at parks and plazas are not included in the definition of"water park." "Waterward"means toward the body of water. "Well"means a hole or shaft sunk into the earth to tap an underground supply of water. "Welifield" means an area containing two or more wells with overlapping zones of contribution that supply a public water system. "Wellhead" means the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Ordinance No. 18- Page 12 of 37 "Wellhead capture zone" means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation. "Wellhead protection area (WHPA)" means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act. "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands. "Wholesale trade"means a commercial establishment which sells to retail establishments. "Wireless Communications Facility" or"WCF"means a Personal Wireless Service Facility. Section 6. FWRC 19.15.010 is hereby amended to read as follows: 19.15.010 Exemptions from the requirements of the Regulatory Reform Act of 1995 (Chapter 36.70B RCW). Certain types of projects such as adoption or amendment of a comprehensive plan, sub-area plan or development regulations are not subject to the mandates of Chapter 36.70B RCW. In addition, a local government may exempt other approvals relating to the use of public areas or facilities and other permits, whether administrative or quasi-judicial, determined by the local government to be a special circumstance warranting a different review process. Yet other projects that may be exempt from certain provisions of the act include projects which are categorically exempt from environmental review or for which environmental review has already been completed under the provisions of the State Environmental Policy Act (SEPA). In general, these projects are anticipated to have no impacts or potential impacts would have been addressed during prior environmental review. Based on the provisions of the act, the city has developed the following three categories within which exempt projects fall: Projects exempt from all of the procedural requirements of Chapter 36.70B RCW; projects exempt only from the 120-day time line requirement of RCW 36.70B.080; and projects exempt from certain notice of application and notice of decision requirements in RCW 36.70B.110 and 36.70B.130. Ordinance No. 18- Page 13 of 37 (1) Exempt Projects. The following projects are exempt from RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130. (a)Adoption or amendment of a comprehensive plan. (b) Adoption or amendment of a sub-area plan. (c) Adoption or amendment of a development regulation. (d) Area-wide rezones. (e) Site-specific rezones.1 (f) Historic or landmark designations. (g) Permits of approvals to use, vacate, or transfer gstreets ether-public rights-of-way vacations,parks, and similar types of public property. (h)Annexations of land to the city including annexation agreements. (i) Planned actions as defined in Chapter 43.21C RCW. (j)Adoption or amendment of development agreements pursuant to RCW 36.70B.170. (k) Preliminary plat.2 (2)Projects exempt from 120-day time line. Projects within subsection (2)(a) of this section are exempt from the 120-day time line set by RCW 36.70B.080. In addition, the time periods specified within subsection (2)(b) of this section are excluded from the 120-day time line. (a) (i) Projects requiring a comprehensive plan amendment. (ii) Projects requiring an amendment to the development regulations. (iii)Applications for fully contained communities as provided in RCW 36.70A.350. The time required for screening by the city council land use and transportation committee prior to city council review of an application for site-specific rezones, and the possibility that supplementation of the record will be required in order for the city council to issue a decision on an application, create special circumstance pursuant to RCW 36.70B.140 necessitating exemption of site-specific rezones from the review procedures of Chapter 36.70B RCW. The city has elected to provide a public notice of application and decision for site-specific rezones notwithstanding this exemption. 2 The time required for screening by the city council land use and transportation committee prior to city council review of an application for a preliminary plat, and the possibility that supplementation of the record will be required in order for the city council to issue a decision on an application, create a special circumstance pursuant to RCW 36.70B.140 necessitating exemption of preliminary plat applications from the review procedures of Chapter 36.70B RCW. The city has elected to provide a letter of completeness and public notice of application and decision notwithstanding this exemption. Ordinance No. 18- Page 14 of 37 (iv) Applications for master planned resorts as provided in RCW 36.70A.360. (v) The siting of an essential public facility as provided in RCW 36.70A.200. (vi) A project that is substantially revised in which case it shall be treated as a new submittal required to meet all requirements for a complete application as set out in FWRC 19.15.040. (vii) Capital facility projects of the city. (b) (i) Any time period during which the applicant has been requested by the director of community development services to complete studies, correct plans, supplement insufficient information, or respond to requests for additional information. (ii) Any period during which an environmental impact statement is being prepared; said time period must be agreed upon by the applicant and the director of community development services. (iii)Any period for administrative appeals of a project permit. The time period for an open record appeal hearing shall not exceed 90 days, and for a closed record appeal hearing, said time period shall not exceed 60 days. (iv) Any extension of time mutually agreed upon by the applicant and the director of community development services. (3)Projects exempt from certain process requirements. The act allows a local government to exempt certain projects from RCW 36.70B.060, and RCW 36.70B.110 through 36.70B.130. Therefore, the following projects have been exempted from the requirements to issue a public notice of application and notice of decision. (a) Lot line eliminations and boundary line adjustments. (b) Building and other construction permits or similar administrative approvals, categorically exempt from SEPA. (c) Building and other construction permits or similar administrative approvals for which SEPA review has been completed in conjunction with other project permits. Section 7. FWRC Section 19.190.030 is hereby amended to read as follows: 19.190.030 Unzoned property; rights-of-way uses. Any property within the city which, for any reason, does not have a zone classification on the zoning map will be construed to be within the SE zone; provided, however, that the uses permitted within the public rights-of-way shall be governed by the terms of an applicable franchise and the provisions of Title 4 FWRC. Ordinance No. 18- Page 15 of 37 Section 8. Chapter 19.255 of the Federal Way Revised Code is hereby repealed in its entirety. Section 9. Title 19 of the Federal Way Revised Code is hereby amended to add a new Chapter 19.255 to read as follows. Chapter 19.255 WIRELESS COMMUNICATION FACILITIES 19.255.010 Introduction and exemptions. (1) This chapter is intended to provide a regulatory structure that acknowledges telecommunication service providers' rights and obligations under federal law. This chapter provides standards for the review of applications to install Wireless Communication Facilities ("WCFs") outside of the public right-of-way, and design standards for new and replacement structures as well as significant deviations from designs approved pursuant to the franchise and right-of-way use (Small Cell Permit) approvals established by Chapters 4.22 and 4.23 FWRC. The provisions of this chapter shall be interpreted and applied in a manner consistent with state and federal law. (2) Exemptions. The following antennas and facilities are exempt from the provisions of this chapter and shall be permitted in all zones consistent with the applicable development standards outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations: (a) WCFs used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of illustration and not limitation, any communications systems utilized by first responders such as police or fire. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance Generally; 19.110.060, Exceptions; and 19.110.070 R. Rooftop Appurtenances—Required Screening. (c) Citizen band radios or antennas operated by federal licensing amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances—Required screening. (d) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as secondary use of the property; provided such antennas comply with all applicable provisions of FWRC 19.110.050; Compliance Generally; 19.110.060, Exceptions; and 19.110.070 Rooftop Appurtenances—Required Screening. Ordinance No. 18- Page 16 of 37 (e) Automated meter reading ("AMR") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length; so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the City. (f) Eligible Facilities Requests and routine maintenance or repair of a WCF and related equipment excluding structural work or changes in height, dimension, or visual impacts of the antenna, tower, transmission equipment, equipment cabinet and/or transmission equipment; provided, however, that compliance with the standards of this Title is maintained. See Chapter 4.24 FWRC for procedures related to Eligible Facilities Request. (g) Equipment cabinet additions or upgrades within existing equipment structures or buildings so long as there is no material expansion of the equipment enclosure or building, or change to the improved design or concealment element plan for the WCFs. See Chapter 4.24 Eligible Facilities Requests. 19.255.020 Definitions. For the purposes of this chapter as well as Chapters 4.23 and 4.24 FWRC, the following terms shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in Chapter 19.05 FWRC: (1) "Antenna": any exterior apparatus designed for telephonic, radio, data, internet or other communications through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to a tower, pole, light standard, building or other structure for the purpose of providing wireless services. (2) "Antenna height": the vertical distance measured from average building elevation to the highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna. For replacement structures, antenna height is measured from the top of the existing structure to the highest point of the antenna or new structure, whichever is greater. (3) "Approved small cell facility": Any small cell facility that has received all required permits. (4) "Base Station": A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communication between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base Station includes, without limitation: (a) Equipment associated with wireless communication services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small cell networks). (c) Any structure other than a tower that, at the time the relevant application is filed with the Ordinance No. 18- Page 17 of 37 city under this section, supports or houses equipment described in subparagraphs (a) and (b) above that has been reviewed and approved under the applicable zoning or siting regulatory review process, even if the structure process, or under another State or local eg y was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in subparagraph (a) and (b) above. (5) "Collocation": For purposes of an eligible facilities request under the provisions of Chapter 4.24 FWRC, "collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. Collocation is further defined in FWRC 19.05.030 in the application of the provisions of Title 19 FWRC. (6) "Concealment elements": Transmission facilities designed to look like some feature other than a wireless tower or base station or which minimizes the visual impact of an antenna by use of nonreflective materials, appropriate colors, and/or a concealment canister. (7) "Eligible Facilities Request": Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (a) Collocation of new transmission equipment; (b) Removal of transmission equipment; or (c) Replacement of transmission equipment. (8) "Eligible support structure": Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City. (9) "Equipment structure": A facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. (10) "Existing": A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. (11) "Microcell": Shall be defined in accord with RCW 80.36.375. (12) "Service provider": Shall be defined in accord with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or Ordinance No. 18- Page 18 of 37 equipment to enable the deployment of wireless communication s. 13 "Small cell": Shall mean"small cell facility." ( ) Y (14) "Small cell facility" and "small cell network": Shall be defined in accord with RCW 80.36.375. (15) "Substantial Change": A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (a) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than ten feet, whichever is greater; (b) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (c) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure; (d) It entails any excavation or deployment outside the current site; (e) It would defeat the concealment elements of the eligible support structure; or (0 It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above. (16) "Telecommunications service": Shall be defined in accord with RCW 35.99.010. (17) "Tower": Any structure built for the sole or primary purpose of supporting any FCC- licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless Ordinance No. 18- Page 19 of 37 services such as microwave backhaul and the associated site. (18) "Traffic Signal Pole": Any structure designed and used primarily for support of traffic signal displays and equipment whether for vehicular or non-motorized users. (19) "Transmission equipment": Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (20) "Undergrounded areas": Public rights-of-way in which wireline utilities have been located or relocated underground. (21) "Utility pole": A structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. The term may include Traffic Signal Poles when authorized by lease for the installation of Small Cell Facilities. 19.255.040 Federal regulatory requirements. Eligible Facilities Requests, as defined in FWRC 19.255.030(7), shall be processed in accordance with the time limits established by Chapter 4.24 FWRC. (1) These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any WCF that has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns. (2) WCFs shall be subject to the requirements of this Code to the extent that such requirements: (a) Do not unreasonably discriminate among providers of functionally equivalent services; and (b) Do not have the effect of prohibiting wireless communications within the City. 19.255.050 Small cell deployment. Small cell deployment includes small cell facilities and small cell networks. The following provisions establish design and concealment standards for wireless communication facilities and in appropriate situations, criteria for the establishment of standards for small cell deployments; provided, however, that any small cell, microcell, or small cell network component that is not exempt from SEPA review shall comply with Title 14 FWRC. Ordinance No. 18- Page 20 of 37 Small cell facilities other than microcells in the rights-of-way are permitted in all zones subject to Chapter 4.23 FWRC. Small cell facilities, including microcells outside of the rights-of-way, are permitted as minor facilities in all zones subject to Process I review pursuant to Chapter 19.55 FWRC. 19.255.060 Design and concealment standards for the deployment of Small Cell Facilities on Utility Poles in the Right-of-Way. Eligible small cell facilities in areas other than Design Zones and Undergrounded Areas opting in under the concealment provisions in FWRC 4.23.030(2) shall satisfy the design and concealment standards set forth below. (1) Small cell facilities attached to non-wooden poles. Small cell facilities attached to existing or replacement non-wooden light poles and other non- wooden poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria: (a) Antennas and the associated equipment enclosures shall be sited and installed in a manner which minimizes the visual impact on the streetscape by fully concealing the antennas and associated equipment fully within the pole to the full extent technologically feasible. This requirement shall be applied in a manner that neither dictates the technology employed by the service provider nor unreasonably impairs the technological performance of the equipment chosen by the service provider. (b) All conduit, cables, wires, and fiber must be routed internally in the light pole. Electrical wiring shall be separated from communication wiring via interduct or other means that comply with state and federal electrical codes. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. When electrical service is to be supplied by the City as the pole owner, the City may require an electrical meter-grade control module to track the additional small cell electrical use. (c) An antenna on top of an existing pole may not extend more than six (6) feet above the height of the existing pole and the diameter may not exceed sixteen (16) inches, measured at the top of the pole, unless the applicant can demonstrate to the satisfaction of the Director that more space is reasonably needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including being colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. (d) Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way. Ordinance No. 18- Page 21 of 37 (e) The height of any replacement pole may not extend more than ten (10) feet above the height of the existing pole. (f) The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements, ADA requirements, and if a replacement light standard, then with the city's lighting requirements. (g) The use of the pole for the siting of a small cell facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed. (h) A mock-up of a prototype for the replacement pole shall be constructed for review and approval by the City prior to final pole construction and deployment; provided, however, that the Director may waive this requirement when the applicant establishes that an identical small cell facility has been successfully installed in another local jurisdiction in a non-wooden pole identical to that approved for use by the city. (i) Deviations from this subsection (1) are permitted when required to address the pole owner's requirements for adequate safety clearance and other design standards, so long as the deviation is the minimum necessary required to comply with the pole owner's safety and design standards. (2) Small cell facilities attached to wooden poles. Small cell facilities attached to wooden poles shall conform to the following design criteria: (a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell facility; provided, however, that the replacement pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. (b) A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than ten (10) feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. (c) Replacement wooden poles may either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city. Ordinance No. 18- Page 22 of 37 (d) Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. (e) Panel antennas shall not be mounted more than twelve (12) inches from the surface of the wooden pole. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. (f) Multiple antennas are permitted on a wooden pole provided that each antenna enclosure shall not be more than three (3) cubic feet in volume, with a cumulative total antenna volume not to exceed nine (9) cubic feet, unless additional volume is deemed technically necessary at the discretion of the Director provided however that in such cases the total volume may not exceed twelve (12) cubic feet. (g) A canister antenna may be mounted on top of a wooden pole, which may not exceed the height requirements described in subsection 2(b) above. A canister antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches in diameter, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side mounted canister antenna, so long as the inside edge of the antenna is no more than twelve (12) inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. (h) An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four (4) feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. (i) All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit that are mounted on wooden poles shall not be mounted more than six (6) inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner. (j) Equipment for small cell facilities must be attached to the wooden pole or located in an underground vault. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure may not exceed seventeen (17) cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed seventeen (17) cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole, if such banners or road signs are allowed by the pole owner. (k) An applicant who desires to enclose its antennas and equipment within a unified enclosure may do so, provided that such unified enclosure does not exceed four (4) cubic feet. To the extent possible, the unified enclosure shall be placed so as to appear as an Ordinance No. 18- Page 23 of 37 integrated part of the pole or behind banners or signs. The unified enclosure may not be placed more than six (6) inches from the surface of the pole, unless a further distance is technically required and confirmed in writing by the pole owner. (1) The visual effect of the small cell facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible. (m) The use of the wooden pole for the siting of a small cell facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed. (n) All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduit shall be minimized to the number technically necessary to accommodate the small cell. (3) Strand mounted small cell facilities. Small cell facilities mounted on cables strung between existing utility poles shall conform to the following standards: (a) Each strand mounted facility must be less than three (3) cubic feet in volume; (b) Only one strand mounted facility is permitted per cable between any two existing poles; (c) The strand mounted devices shall be placed as close as possible to the nearest utility pole, in no even more than five (5) feet from the pole unless a greater distance is required by the pole owner for safety clearance; (d) No strand mounted device shall be located in or above the portion of the roadway open to vehicular traffic; (e) Ground mounted equipment to accommodate such strand mounted facilities are not permitted, except when placed in pre-existing equipment cabinets; (f) Pole mounted equipment shall meet the requirements of Subsections (1) and (2) above, and (g) Such strand mounted devices must be installed to cause the least visual impact and with the minimum excess exterior cabling or wires (other than the original strand) necessary to meet the technological needs of the facility. 19.255.070 Small cell facilities attached to existing buildings. Small cell facilities attached to existing buildings shall conform to the following design criteria: Ordinance No. 18- Page 24 of 37 (1) Small cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme. (2) The interruption of architectural lines or horizontal or vertical reveals is discouraged. (3) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. (4) Small cells shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. (5) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. (6) Small cell facilities shall be painted and textured to match the adjacent building surfaces. 19.255.080 Small cell facilities general requirements. (1) Ground mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole mounted or undergrounded equipment is technically infeasible. If ground mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited. (2)No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC. (3) Small cell facilities are not permitted on traffic signal poles. (4) Replacement poles and new poles shall comply with the Americans with Disabilities Act ("ADA"), city construction and sidewalk clearance standards, and state and federal regulations in order to provide a clear and safe passage within the rights-of-way. (5) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole. (6) The design criteria as applicable to small cell facilities described herein shall be considered concealment elements and such small cell facilities may only be expanded upon an eligible facilities request described in Chapter 4.24, when the modification does not defeat the concealment elements of the facility. (7) No signage, message, or identification other than the manufacturer's identification or identification required by governing law is allowed to be portrayed on any antenna, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided that, signs are permitted as concealment element techniques where appropriate. Ordinance No. 18- Page 25 of 37 (8) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan. (9) Side arm mounts for antennas or equipment are prohibited. (10) The preferred location of a small cell facility on a pole is the location with the least visible impact. (11) Antennas, equipment enclosures, and ancillary equipment, conduit, and cable, shall not dominate the building or pole upon which they are attached. (12) The City may consider the cumulative visual effects of small cells mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the service provider. (13) These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape through development of a concealment element plan pursuant to FWRC 19.255.150. (14) It is the stated policy of the city that utilities shall be underground. See, e.g., FWRC 19.135.180. Accordingly, new utility poles in Undergrounded Areas shall be considered as major impact Wireless Communication Facilities and may be installed only after Process II review for compliance with FWRC 19.255.140. 19.255.100 Ground-mounted equipment; ADA compliance required. In areas of the city in which have been undergrounded, (Undergrounded Areas), in Design Zones, and where necessary to permit full use of the public right-of-way by pedestrians, bicycles and other users, all ground-mounted equipment shall be undergrounded in a vault meeting the city's construction standards to the extent feasible. The location of ground-mounted equipment (to the extent undergrounding such equipment is not technologically feasible), a replacement pole and/or any new pole shall comply with the Americans with Disabilities Act ("ADA"), city construction standards, and state and federal regulations in order to provide a clear and safe passage within the public right-of-way. 19.255.110 Designated Design Zones. Design Zones. The following zones are designated as Design Zones for the purpose of the application of the provisions of Chapters 4.23, 4.24, and 19.255 FWRC: (1) City Center Core (CC-C) Ordinance No. 18- Page 26 of 37 (2) City Center Frame (CC-F) (3) Designated Landmark Districts (4) Shoreline Jurisdiction 19.255.130 Wireless Communication Facilities and monopoles located outside of the right- of-way. Monopoles and other Wireless Communication Facilities located outside of the public rights-of- way, shall be processed as Process II applications. See Chapter 19.65 FWRC. 19.255.140 New poles and Undergrounded Areas or Design Zones. New poles and small cell facilities to be constructed in any Undergrounded Area or Design Zone are permitted only when the applicant establishes that: (1) The small cell facilitycannot be located on an electrical transmission tower or on a site outside of the public right-of-way such as a public park, public property, or as a non-residentialntial use in a residential zone, whether by roof or panel-mount, or separate structure; and (2) The proposed facility complies with an approved Concealment Element Plan for an Undergrounded Area or Design Zone; and (3) The proposed facilitycomplies with critical areas requirements and SEPA, to the extent p p p q applicable; and (4) For a new utility pole in the public rights-of-way, that a site-specific agreement exists to locate the new utility pole. 19.255.150 Concealment Element Plan. (1) Concealment Element Plan required. Applications for proposed small cell installations in Undergrounded Areas and Design Zones that deviate from existing City design standards (or if the City has not created a design standard for that particular district zone area) shall be required to submit a Concealment Element Plan. Such plan shall include the design of the screening, fencing, or other concealment technology for a base station, tower, utility pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless communication facility, including but not limited to fiber and power connections. (2) Purpose of Concealment Element Plans, generally. Concealment Element Plans should seek to minimize the visual obtrusiveness of installations using methods including, but not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and texture—or the appearance thereof—as the surface against which the installation will be seen or on which it will be installed. Ordinance No. 18- Page 27 of 37 Other concealment element approaches may include, but not be limited to, use of architectural concealment products, fencing or screening materials, and where appropriate, landscape design, or any other camouflage strategies appropriate for the type of installation. Additionally, the use of a concealment support or device, such as a clock tower, steeple, flagpole, tree, street sign, or other applicable concealment structure may be approved. The Director shall apply this section, as well as all design guidelines applicable in the Undergrounded Area or Design Zone in which an installation is proposed. (3) Review of Concealment Element Plan for non-substantial change collocations. Where a proposed collocation does not constitute a substantial change, a Concealment Element Plan shall be subject to review under Process I, Chapter 19.55 FWRC to ensure the proposed collocation does not defeat the concealment features approved as part of the initial installation at that location. (4) Review of Concealment Element Plan for initial installations and substantial change collocations. For initial installations and substantial change collocations in Undergrounded Area and Design Zones, the Director shall conduct an administrative review of Concealment Element Plans for compliance with this section and all applicable City design guidelines under Process II, Chapter 19.60 FWRC. 19.255.160 Major Impact Wireless Communication Facilities. A major impact Wireless Communication Facility ("Major WCF") includes all larger scale WCFs located outside of the public right-of-way not permitted by the processes established in FWRC 19.255.050—.150. Such facilities include monopoles, lattice towers, micro and macro cells, roof mounted and panel antennas, and other similar facilities unless defined as Eligible Facilities Requests subject to Chapter 4.24 FWRC. The following sites shall be the required order of location for proposed Major WCFs, including antenna and equipment structures. In proposing a Major WCF in a particular location, the applicant shall analyze the feasibility of locating the proposed Major WCF in each of the higher priority locations and document, to the city's satisfaction, why locating the Major WCF in each higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for Major WCFs are as follows: (1) Structures located in the BPA trail. A Major WCF may be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power Administration("BPA") Power Lines regardless of underlying zoning. (2)Existing broadcast, relay, and transmission towers. A Major WCF may be located on an existing site or tower where a legal WCF is currently located regardless of underlying zoning. If an existing site or tower is located within a half-mile radius of a proposed Major WCF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. Ordinance No. 18- Page 28 of 37 (3)Institutional structures. If the city, institutional uses, or other public agency consents to such location, a Major WCF may be located on existing structures, such as water towers, utility structures, fire stations, bridges, churches, schools, and other public buildings within all zoning districts,provided the public facilities are not located within public rights-of-way. (4)Appropriate zoning districts. A Major WCF may be located in or on other public or private property, buildings, or structures within nonresidential zoning districts as allowed by the zoning chart. (5) If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized location, or as expressly allowed by the zoning chart, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city through a Process III review using the applicable test: (a) Does the facility close a gap in service coverage or capacity; and (b) Does the facility use the least intrusive means to do so? 19.255.170 Development standards. The following development standards shall be followed in the design, siting, and construction of a Wireless Communication Facility: (1)Building- or structure-mounted Major WCFs on existing buildings or structures outside of the public right-of-way. WCFs mounted on existing buildings and structures shall conform to the following development standards: (a) A Major WCF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the Director, subject to meeting all of the following standards: (i) The facility shall utilize the least intrusive means of closing a significant gap in service coverage or capacity; (ii) The equipment cabinet for the Major WCF shall meet all requirements of subsection (4) of this section; and (iii) The maximum size of the Major WCF panels and number of antennas shall be determined by the Director, based on the specific project location, surrounding environment, and potential visual impacts; and (iv) The Major WCF shall comply with all other applicable standards of the Federal Way Revised Code. Ordinance No. 18- Page 29 of 37 (b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height of the underlying zone as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not extend beyond 15 feet above the maximum height of the structure as defined per FWRC 19.05.080, H definitions. (c) The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures. (d) It is the applicant's responsibility to prove that the maximum size of the Major WCF panels and number of antennas is the minimum size necessary. (e) Within residential zones, equipment enclosures, and buildings to house equipment cabinets located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. (2) New Freestanding Major WCFs. All requirements of the associated land use zoning charts must be met. Additionally, these structures shall conform to the following site development standards: (a) Placement of a freestanding Major WCF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. (b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. (c) In no case shall a freestanding Major WCF be located closer than 500 feet to an existing freestanding Major WCF whether it is owned or utilized by the applicant or another provider. (d) A freestanding Major WCF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding Major WCFs shall be 20 feet for front, side, and rear yards. Ordinance No. 18- Page 30 of 37 (e) Freestanding Major WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees,mature vegetation, and structures so as to: (i) Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or (ii) Use existing site features as a background so that the total Major WCF blends into the background with increased distances. (f) In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. (3) Standards for electronic cabinets. Electronic cabinets shall either: (a) Be placed in a new or existing completely enclosed building. It is the applicant's responsibility to prove that the maximum size of the building is the minimum size necessary to house the equipment; or (b) Be placed above ground in a new or existing equipment enclosure. It is the applicant's responsibility to prove that the maximum size of the building is the minimum size necessary to house the equipment. If the equipment cabinet is located within a new enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or topography. (4) Standards for equipment enclosures. (a) Electronic equipment enclosures shall not be allowed within the right-of-way, except for small cell facilities conforming to the design and concealment standards of FWRC 19.255.060 and mounted on utility poles. (b) In residential zones, equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards; however, for undeveloped sites in nonresidential zones, if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landscape buffer requirements of the underlying zone, as determined appropriate by the Director of Community Development, the equipment enclosure can be Ordinance No. 18- Page 31 of 37 located inside of the 20-foot setback but outside of the required landscaping buffer of the underlying zone. (c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. (d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. (e) Equipment enclosures and screening shall not adversely impact vehicular sight distance. (5)Security fencing. (a)No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain-link fences shall be painted or coated with a nonreflective color. (6) Cumulative effects. The city shall consider the cumulative visual effects of WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely affect the visual character of the city. (7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warning, and name of provider. (8) Use zone charts, height and permit process. (a) Except for approval of new poles in the public rights-of-way, the final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations. New pole requests in the public rights-of-way shall be reviewed pursuant to Process II, Chapter 19.65 FWRC, utilizing the criteria in this section, and are not land use actions subject to review under Chapter 36.70C RCW. (b) Allowed heights shall be established relative to appropriate process as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations. 19.255.180 Nonconformance. Permit applications made under this section to locate a WCF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance as follows: Ordinance No. 18- Page 32 of 37 (1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 19.30.110. (2) To bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality shall apply. 19.255.190 Temporary Wireless Communication Facilities. As determined by the Director of Community Development, a temporary wireless communication facility, or cell-on-wheels, may be deployed and operated as follows: (1) For a period of 90 days during the construction of a freestanding WCF which has been approved through the appropriate permit process; provided, however, that the temporary wireless communication facility or cell-on-wheels creates no more adverse impacts than the WCF which was approved through the appropriate permit process. Only one temporary wireless communication facility or cell-on-wheels shall be permitted for a single site. (2) For a period of time determined to be appropriate by the Director, during an emergency declared by the city, state, or federal government. (3) Prior to installation of the temporary WCF, the applicant shall provide the city with a cash bond in an amount to be determined by the Director of Community Development in order to guarantee performance of future removal and restoration of the site. 19.255.200 Application requirements. (1) Except for temporary WCFs, permit applications for Major WCFs made under this Chapter shall include the following minimum information in addition to that required for the underlying permit review process: (a) A diagram or map showing the primary viewshed of the proposed facility. (b) Photo-simulations of the proposed facility from affected properties and public rights-of- way at varying distances. These photo simulations should include examples of camouflage and stealth installation options. (c) Architectural elevations of proposed facility and site. (d) A coverage chart of the proposed Major WCF at the requested height and an explanation of the need for that facility at that height and in that location. (e) An inventory of other Major WCF sites operated by the applicant or other providers within a half-mile radius of the proposed Major WCF location. Ordinance No. 18- Page 33 of 37 (f) A site/landscaping plan showing the specific placement of the Major WCF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen WCF components. (g) If the Major WCF electronic equipment cabinet is proposed to be located above ground, an explanation of why it is impracticable to locate the cabinet underground. (h) Documentation of efforts to collocate on existing facilities. (i) The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (2) Permit applications for temporary WCFs shall include the following minimum information: (a) Documentation of previously permitted facility, if applicable. (b) Site plan showing proposed location of temporary WCF in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Mockups or other visual representations of the proposed facility. 19.255.210 Collocation. (1) A permittee shall cooperate with other WCF providers in collocating additional antennas on support structures and/or on existing buildings and sites,provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. (2) A signed statement indicating that the applicant agrees to allow for the potential collocation of additional Major WCF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. (3) Collocation requirements shall not apply to Major WCFs or small cell facilities located in the public rights-of-way. Ordinance No. 18- Page 34 of 37 19.255.220 Removal of facility. (1)Abandonment and removal. The owner or operator of a WCF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a WCF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the WCF is abandoned. The abandoned WCF shall be removed by the facility owner within 90 days of the date the WCF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance that could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (2)Partial abandonment and removal. If the abandoned antennas on any Major WCF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the Major WCF shall be considered partially abandoned. The owner or operator of any partially abandoned Major WCF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the Major WCF is partially abandoned. The owner of the WCF shall have 120 days from the date of partial abandonment to collocate another service on the Major WCF. If another service provider is not added to the Major WCF within the allowed 120-day collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure that exceeds the point at which the highest operational antenna is mounted. (3)Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in Chapter 1.15 FWRC. 19.255.230 Revocation of permit. A permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons: (1) Failure to comply with any federal, state, or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3) When the permit was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other Major WCF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for EMF emissions; and Ordinance No. 18- Page 35 of 37 (6) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to determine if the permit shall be revoked as it used to grant the permit. Section 10. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 11. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section12. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Sectionl3. Effective Date. For the Findings of Fact required pursuant to RCW 35A.63.220 and 36.70A.390, the City Council hereby adopts the recitals set forth above. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 Ordinance No. 18- Page 36 of 37 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 18- Page 37 of 37 COUNCIL MEETING DATE: May 15,2018 ITEM#: 8b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Amending Title 4 FWRC to establish regulations relating to small cell deployments, franchising, and small cell permits in the City's rights-of-way. POLICY QUESTION: Should the City amend and add new chapters to the FWRC relating to small cell deployments, franchising, and small cell permits in the City's right-of-way? COMMITTEE: LUTC MEETING DATE: May 7, 2018 CATEGORY: Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Mark Orthmann, Deputy City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Approve the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1 MAYOR APPROVAL: y �0 /ad/_DIRECTOR APPROVAL: eC 11/26g Cot ittee Council Initial/Date Initial/Date Initial/Date COMM ITTEE RECO MENDATION:I move to forward the proposed ordinance to first reading on May 15, 2018, 50b5-e0-11)k YG✓ie4A/& I.otoJ'e.yijiAZ in CDT/or-- Del Opup!icCE thel Mark op. g, Committee C it Jes✓ Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE(MAY 15): "I move to forward approval of the ordinance to the June 5, 2018 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE(JUNE 5): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# O DENIED First reading O TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# ur a[e,"1i, Y L A(. 1,..0 Y2 4.4 i'SA OMWLAW.COM MEMORANDUM DATE: May 7, 2018 TO: Federal Way City Council Members City of Federal Way Mark Orthmann, Deputy City Attorney City of Federal Way FROM: W. Scott Snyder, Special Counsel RE: Amendments to Title 4 FWRC Small Cell Deployments and Franchising g INTRODUCTION Nationally, hundreds of thousands of small cell facilities are being deployed in the public right- of-way. These facilities are being constructed in response to citizens' demand for greater data usage capability through their smart phones and other portable devices. Nationally, the use of data has grown exponentially each year. As an example, in 2016 the City of Seattle had seven applications for small cell facilities and none last year. This year, they have reported at least 13,000 applications to deploy small cell facilities. Two ordinances are before you. The first, addressed in this memo, amends Title 4 FWRC and the City's franchising provisions. The second, in the form of an interim zoning ordinance, addressed in a companion memo, treat the ordinances and small cell deployment in the right-of-way like other utility facilities. Initial deployments will focus on existing utility poles. By utilizing administrative structures such as those used to address other utilities in the public right-of-way, the City can focus on more problematic deployments such as facilities in undergrounded areas or the City Center Core zoning districts through a more intensive review process. STRUCTURE OF REVISIONS TO TITLE 4 FWRC 1. Amendments to Chapter 4.22 FWRC. This chapter contains the City's franchising provisions. The amendments comply with evolving state and federal law. The amendments utilize fee deposits rather than an application fee to ensure that the applicant covers all costs associated with its application. Provisions have been added to assure public notification and an opportunity for comment. 2. Chapter 4.23 FWRC — Small Cell Deployments. This new chapter utilizes the state definition of small cell facilities and provides for administrative review of deployments on existing utility poles. Approvals may be provided through the franchising process or by a small {WSS1723633.DOCX;1/13104.080004/1 Federal Way City Council Members April 25, 2018 Page 2 cell permit. Radio frequency emissions are often a concern for citizens. While the City is preempted by federal law from regulating these emissions, the ordinance contains the maximum permitted city oversight and is intended to assure that facilities meet, and continue to meet, federal standards. Each installation and each utility pole on which a facility is installed will be unique and minor deviation authority is provided through a staff review process. Significant variations from franchise approvals and design standards contained in the zoning ordinance will be reviewed through the zoning code's processes in the same manner as macro towers for wireless communications are sited. 3. Chapter 4.24 FWRC — Eligible Facilities. This section incorporates federal statutory requirements regarding the review process for defined minor expansions of existing wireless communications facilities. These provisions are required by federal law and if not followed, an application is deemed to be approved. Respectfully submitted, Scott Snyder WSS/gjz {WSS1723633.DOCX;1/13104.080004/1 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to small cell deployments, franchising, and small cell permits in the City's rights-of-way and federally required review periods; amending Chapter 4.22 FWRC and adding new Chapters 4.23 and 4.24 FWRC. (Amending Ordinance No. 17-833) WHEREAS, Title 4 of the Federal Way Revised Code addresses City of Federal Way ("City")property franchise procedures; and WHEREAS, the deployment of small cells in the public right-of-way is a matter of importance to the City as the steward of the public rights-of-way; and WHEREAS, the deployment of small cell facilities is necessary to provide the wireless services that the citizens of the City require in order to carry on their personal and private business; and WHEREAS, the Federal Communications Commission as well as federal law have established presumptively reasonable time limits known as "shot clocks" pursuant to regulations such as 47 U.S.C. § 1455(a) and 47 C.F.R. §1.40001; and WHEREAS, federal and state law set time limits on the processing of applications for aspects of small cell deployment including franchising, permitting, and eligible facilities requests; and WHEREAS, the City Council deems it to be in the public interest to amend both its franchising provisions to expedite the franchising and deployment of small cells in conjunction with revisions to its zoning code and specifically Chapter 19.255 FWRC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 18- Page 1 of 13 Section 1. FWRC 4.22.030 is hereby amended to read as follows: 4.22.030 Application—Contents. The director is authorized to establish an application form or forms appropriate for telecommunications entities, public utilities, and other qualified service providers to apply for a franchise. The form shall contain at a minimum: (1) Information identifying the applicant, its corporate or other organizational structure, and the agent or individual filling out the application. (2) Property and facility information, including,but not limited to: (a) The nature of the application as an application for a new franchise, an application for renewal or amendment, or an application for the transfer of a franchise. (b)A description of the specific services that the applicant expects to provide within the city including whether the services will be provided to the general public, to commercial and/or residential customers, or to other utilities and service providers. (c) A general description of the facilities to be located in the right-of-way including, but not limited to, wireline facilities, cable wireless, and telecommunications service facilities, conduits, pipelines, and other facilities appropriate to the specific utility or service provider's utilization of the right-of-way. (d) Where appropriate, information relating to pole attachment or lease agreements with the owners of other facilities located in the right-of-way. (e) Any licenses, certificates, or authorizations required from the Federal Communications any the Washington Utilities and Transportation Commission, and a y other federal or state agency with jurisdiction over the proposed activities to be conducted in the right-of-way. (f) Information relating to utility taxes including a description of the services provided and any and all state and local taxes which may apply. (g) The service area for which the franchise is requested, including a map of the area to be covered by the franchise and specific locations of the initial build out and, if known, proposed future build out locations including which proposed facilities will be underground, ground based, and/or aerial. The applicant may designate the entire city at its discretion or any portion thereof as the franchise area. (h) Upon request from the city, financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to Ordinance No. 18- Page 2 of 13 construct, operate, maintain, relocate, and remove its facilities. This provision shall not apply when prohibited by the Federal Telecommunications Act. (i) An illustrative list of cities or towns in which the applicant holds a franchise including up to the last five (5)Washington Cities or towns in which a franchise has been granted. (j) For franchises authorizing small cell deployment, whether and where small cell facilities are to be located on existing utility poles, including city-owned light standards included in the definition of utility pole, or will utilize replacement utility poles, new poles, towers, and/or other structures. To the extent known, conduit and/or ground-mounted equipment necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from an infrastructure provider. Detailed schematics and visual renderings of the facilities shall be provided by the applicant. Failure to provide sufficient detail may result in a later finding of a significant change in the facility if significant elements of the facility were not shown on the originally approved franchise exhibit. Failure to include significant elements may also result in the requirement that new or undocumented elements complete the approval processes detailed in Chapters 4.23 and 19.255 FWRC. (jk) Such other information as the director, in his/her discretion, shall deem appropriate. Section 2. FWRC 4.22.050 is hereby amended to read as follows: 4.22.050 Completeness-Review and notification. The Ddirector or his/her designee shall review thea franchise application upon submittal for completeness and. If the director finds that any applicant has failed to provide an application which reasonably fulfills the Fequifemcnts of this chapter and-the application form, and/or is not . -- -- . .. . - . . ' - - - -- .• - . , -- .• - . , ..• - - ! .. -- days of receipt of the application, notify the applicant within thirty (30) days of receipt of the application that-whether the application is incomplete; provided; however, that an applicant may consent to a different completeness review period. The notification shall generally outline the supplemented fee deposit as provided above. A service provider may resubmit an incomplete application within ninety (90) days of notice by the Director. Failure to resubmit an application in a timely manner shall be deemed a withdrawal of that application. No application shall be deemed complete without the fee deposit set by FWRC 4.22.040. Ordinance No. 18- Page 3 of 13 Section 3. Chapter 4.22 of the Federal Way Revised Code is hereby amended to add a new Section 4.22.055 to read as follows: 4.22.055 Public comment. The city shall provide notice of a complete application for a franchise on the City's website with a link to the franchise application. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The city shall post meeting notices, if any, for informational meetings on its website. These meetings are for the public's information and are neither hearings nor part of any land use appeal process. Section 4. Title 4 of the Federal Way Revised Code is hereby amended to add a new Chapter 4.23 to read as follows: Chapter 4.23 SMALL CELL DEPLOYMENT: SMALL CELL PERMITS 4.23.010 Overview. (1) In order to manage its right-of-way in a thoughtful manner that balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City of Federal Way while complying with the requirements of state and federal law, the city has adopted this process for the deployment of small cell technology. Service providers who seek to utilize the public right-of-way for small cell deployment in order to provide personal wireless service, data transmission, or other related services to the citizens of the city must have a valid franchise under Chapter 4.22 FWRC to utilize the right-of-way and a Small Cell Permit to deploy that technology at each proposed location. Entities with franchises who wish to utilize a small cell deployment to upgrade or expand their existing services shall utilize the processes set forth in this chapter to obtain design approval of specific installations. An entity without a franchise shall apply for a franchise as well as a Small Cell Permit for its initial deployment, and the applications shall be processed concurrently as one Master Permit within the meaning of RCW 35.99.010(3) and 35.99.030. For entities with a valid franchise, see FWRC 4.23.020. (2) Nothing in this ordinance revises or diminishes the rights and obligations of an existing franchise. (3) The term "small cell deployment" shall include the deployment of small cell facilities and small cell networks as those terms are defined by RCW 80.36.375. Small cell deployment Ordinance No. 18- Page 4 of 13 elements that require SEPA review may utilize these processes only in conjunction with SEPA review. (4) See Chapters 4.22, 19.05, and 19.255 FWRC for the definition of terms not specified in this Chapter. 4.23.020 Application for small cell permits. For locations in the public right-of-way, the Director of Public Works ("Director") is charged with administration of small cell deployments and other personal wireless service review processes established under Chapters 4.23 and 19.255 FWRC. Unless previously provided with an application for a franchise, the following information shall be provided by all applicants seeking to utilize small cell deployment. (1) Specific locational information including GIS coordinates of all facilities, and (2) Specific design information and plans, addressing poles or other support structures, attachments, conduit, and any ground-mounted equipment, and (3) A narrative addressing how the proposed plans are consistent with the franchise exhibit(s), if applicable, or otherwise meet the design requirements of this Chapter. 4.23.025 Implementation; Small cell permits. The rights granted under the franchise are implemented through the issuance of Small Cell Permits. The franchise application, required under Chapter 4.22 FWRC, may be accompanied by one or more applications for a Small Cell Permit to deploy small cells. An initial franchise and any related Small Cell Permit applications shall be processed concurrently as one Master Permit. (1) Up to fifteen (15) sites may be specified in one Small Cell Permit application for processing. The Director may allow up to five (5) additional sites in one application in order to consider small cell sites within one logical service area together. (2) Issuance of a Small Cell Permit to install a small cell deployment shall be contingent upon approval of a franchise under Chapter 4.22 FWRC, or the possession of a valid franchise. (3) If more than one application for a Small Cell Permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application should be considered first. All Small Cell Permits that are submitted in conjunction with a franchise application shall be considered as one Master Permit. RCW 35.99.010(3). (4) An applicant with an existing franchise may, at the applicant's sole discretion, elect to utilize the expedited review process set forth in FWRC 4.23.100. Ordinance No. 18- Page 5 of 13 (5) Any element of a deployment that qualifies as either an Eligible Facilities Request or a collocation shall be specifically designated by the applicant and may be addressed separately by the Director in order to comply with the shot clocks established by federal law and Chapter 4.24 FWRC. (6) The Director may approve, deny, or conditionally approve all or any portion of the sites proposed in the Small Cell Permit application. (7) Any application for a Small Cell Permit that contains an element that is not exempt from SEPA review, shall simultaneously apply under Chapter 43.21C RCW and Title 14 FWRC. See also FWRC 19.255.130. (8) Radio Frequency Certification. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility and associated wireless backhaul will operate. If additional facilities necessary to the small cell deployment are to be provided by another franchisee, the Small Cell Permit to deploy such facilities shall be contingent on submittal of an RF Certification by the other franchisee for such facilities, if such facilities will emit RF emissions; this RF Certification shall address the cumulative impact of the RF emissions and certify compliance with federal requirements. The terms Radio Frequency or RF radiation are included in the terms Electromagnetic Frequency or EMF. (9) Regulatory Authorization. Issuance of the Use Permit for the facilities shall also be contingent upon the applicant's provision of proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. 4.23.030 Review process—Small cell permits. The following provisions relate to applications for a Small Cell Permit: (1) Federal Law. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. § 253 and 47 U.S.C. § 332 and applicable case law. Applicants shall be treated in a competitively neutral and non-discriminatory manner with other service providers utilizing supporting infrastructure that is functionally equivalent, i.e., service providers whose facilities are similarly situated in terms of structure, placement or cumulative impacts. Small Cell Permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. (2) Concealment. In any zone not designated by FWRC 19.255.110 for design review ("design review") and/or for facilities designated within a franchise, the City will permit small cell deployment on existing or replacement utility poles conforming to the City's generally applicable pole design standard adopted pursuant to Chapter 19.255 FWRC and/or consistent with the relevant franchise exhibit. Accordingly, small cell facilities installed pursuant to this Ordinance No. 18- Page 6 of 13 concealment authorization may be expanded pursuant to an Eligible Facilities Request only when such expansion does not defeat the facility's concealment elements. (3) Concealment Element Plan. Small cell deployment in Design Zones and Undergrounded Areas, as well as new poles, are subject to approval of a Concealment Element Plan. See FWRC 19.255.150. 4.23.040 Facilities designated in the franchise and/or small cell permit application. Small cell deployments may be approved by reference to exhibits in an approved franchise. Approval of the franchise with exhibits shall be deemed to approve the site and the design of small cell facilities set forth in the franchise. This approval is limited to the specific location, facility, and design elements shown on the exhibits to the franchise. Any element not shown on an exhibit must be approved by the governing review processes listed in this chapter and, when applicable, Chapter 19.255 FWRC. All facilities shall comply with the concealment standards adopted by the City in FWRC 4.23.030 and FWRC 19.255.150, if applicable. An existing franchisee may, at its option: (1) Apply to amend the existing franchise to designate sites for small cell deployment, as well as approve the small cell facilities to be installed and the concealment measures to be utilized; and/or (2)Apply for a Small Cell Permit, which shall include: (a) Small cell facilities to be installed on existing or replacement utility poles, utilizing the concealment option provided in FWRC 4.23.030(2), which are approved by the Director through Process I; and/or (b) Small cell facilities that comply with generally applicable objective design standards adopted by the City in Chapter 19.255 FWRC, which are approved by the Director through Process I; and/or (c) Small cell facilities for new utility poles or installations in a Design Zone or Undergrounded Areas, utilizing the design standards and concealment element plan set forth in Chapter 19.255 FWRC, which are approved by the Director through Process II. 4.23.050 Small cell permit and minor deviations. (1) Utilizing the procedures established for Process I review in Chapter 19.55 FWRC, the Director shall review applications for Small Cell Permits for consistency with relevant franchise exhibits and design standards. In this review, the Director may authorize minor deviations from the dimensional design and concealment technologies referenced in the exhibits to the franchise or design standards as follows. Ordinance No. 18- Page 7 of 13 (2) A deviation in height of the pole of up to ten (10) feet above the height of the existing pole, or the height established for the zoning district, by the franchise or from a design approved for a Design Zone, may be permitted. Additional height may only be allowed to the extent necessary to allow the required safety clearance from electrical wires. (3) Deviations in the dimensions or volume of small cell facilities that do not exceed the cumulative total provided by the definition of a small cell facility in RCW 80.36.375 may be considered a minor deviation when an applicant replaces components of an existing, approved small cell facility. Similarly, the addition of antennas on a pole, not to exceed a cumulative total of twelve (12) cubic feet shall be considered a minor deviation; provided, however, that in each instance the new or revised facilities do not defeat the concealment features set by the city's generally applicable pole design standard adopted pursuant to the franchise, Chapter 19.255 FWRC, and/or as a concealment element under FWRC 19.255.150. (4) Small Cell Permits to install facilities includingapproval of minor deviations shall be pp processed within thirty (30) days of receipt of a complete application and final approval of a franchise, whichever occurs last. Completeness shall be determined in the same manner as for a franchise application under FWRC 4.22.050. (5) The decision of the Director to approve a Small Cell Permit with a minor deviation, if any, shall be final and is not subject to appeal under city code or further legislative review. 4.23.060 Significant deviations. Any request for significant deviations from the approved small cell facilities design designated in the franchise, previously approved Small Cell Permit or city's design standards shall be considered under the provisions of Chapter 19.60 FWRC, Process II pursuant to the timelines established in Chapter 4.24 FWRC. An applicant seeking approval of a new pole or a replacement pole in a Design Zone or Undergrounded Areas designated by FWRC 19.255.110 shall be subject to the same Process II review and timeline. 4.23.070 Wireless communication facility and small cell deployment facility approvals and processes. Approval of a Small Cell Permit and/or other approval referenced in this chapter are conditioned on the following requirements: (1) Satisfy applicable bulk requirements such as noise and light regulations. (2) Comply with adopted design and concealment standards, applicable to replacement utility poles and new utilitypoles in a DesignZone or Undergrounded Areas. l� (3) Obtain the written approval of the owner of any utility pole for the installation of its facilities on such utility pole. Approval of a franchise under Chapter 4.22 FWRC does not authorize attachment to city-owned utility poles or other structures. Ordinance No. 18- Page 8 of 13 (4) Unless specifically provided for in a franchise, obtain a lease or other applicable authorization from the city to utilize the city's ground space for the installation of any new pole, a replacement utility pole over sixty (60) feet, or to locate any new ground based structure, base station, or other attendant equipment on city right-of-way or city property; (5) Comply with all city construction standards and state and federal codes when operating in the right-of-way and obtain a required permit to enter the right-of-way for construction. (6) A Small Cell Permit that includes a facility not exempt from SEPA review, shall be processed in accord with the provisions of Title 14 FWRC. (7) Small Cell facilities approved pursuant to this chapter shall be considered as an outright permitted use when located within the right-of-way. 4.23.080 Additional review procedures. Personal wireless service facilities/wireless communication facilities in Design or Shorelines Management Zones, Undergrounded Areas or Environmentally Critical Areas are subject to review as provided in Title 14 FWRC, Chapter 15.05 FWRC, and Chapters 19.255 and 19.145 FWRC. 4.23.090 Expedited review. An applicant may opt for expedited review. Absent such a request, the city will process applications on a first-come, first-served basis, taking into account its resources and the federal shot clocks incorporated by Chapter 4.24 FWRC. An applicant requesting expedited review may select a third-party consultant from a list established by the city through requests for qualifications or may propose an independent reviewing entity for review by the city. Such entity shall be engaged pursuant to a third-party contract. The applicant shall be responsible for paying all costs incurred in the expedited review process. Nothing herein shall be deemed to require an applicant to utilize expedited review. 4.23.100 Compliance with state processing limitations. Review of Small Cell Permits shall comply with the provisions of RCW 35.99.030. Applications shall be reviewed, completeness determined, and the timeframe tolled as provided in this Chapter and Chapters 4.22 and 4.24 FWRC. Ordinance No. 18- Page 9 of 13 Section 5. Title 4 of the Federal Way Revised Code is hereby amended to add a new Chapter 4.24 to read as follows: Chapter 4.24 ELIGIBLE FACILITIES REQUESTS: FEDERALLY REQUIRED REVIEW PERIODS 4.24.010 Purpose. Congress and the Federal Communications Commission ("FCC") have, pursuant to the authority granted by 47 U.S.C. § 253(c) and 47 U.S.C. § 332(a), required local governments to act on personal wireless service facility applications within a reasonable period of time and have established time limits or "shot clocks" for local review. The Washington State Legislature has also adopted similar limitations under the provisions of Chapter 35.99 RCW. Accordingly, the city adopts the following time limits for review of applications for Eligible Facility Requests, Small Cell Permits, and other approvals for service providers of telecommunication services whether reviewed pursuant to Title 4 or Chapter 19.255 FWRC. 4.24.020 Eligible facilities request—Application and review. (1)Application Review. (a) Application. The Community Development Director ("Director") shall prepare and make publicly available an application form that shall be limited to the information necessary for the City to consider whether an application is an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. (b) Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this Chapter, the Director shall review such application to determine whether the application qualifies as an Eligible Facilities Request. (c) Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval under this Chapter, the Director shall approve the application unless it determines that the application is not covered by this Section as an Eligible Facilities Request. (d) Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the Director and the applicant or in cases where the Director determines that the application is incomplete. The timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review of applications. (i) To toll the timeframe for incompleteness, the Director shall provide written notice to the applicant within thirty (30) days of receipt of the application, clearly and Ordinance No. 18- Page 10 of 13 specifically delineating all missing documents or information required in the application. (ii) The timeframe for review begins running again when the applicant makes supplemental submission in response to the Director's notice of incompleteness. (iii) Following a supplemental submission, the Director will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this sub-section. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. (2) Determination That Application Is Not an Eligible Facilities Request. If the Director determines that the applicant's request does not qualify as an Eligible Facilities Request, the Director shall deny the application. To the extent additional information is necessary, the Director may request such information from the applicant to evaluate the application under other provisions of this Chapter and applicable law. (3) Failure to Act. In the event the Director fails to approve or deny a request for an Eligible Facilities Request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (4) Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction. 4.24.030 Collocation. Collocations other than those within the definition of an Eligible Facilities Requests shall be processed within ninety (90) days of receipt of an application. The Director will notify the applicant within thirty (30) days of receipt of an application whether it is complete or if additional information is required. 4.24.040 New wireless communication facilities. Applications for new wireless communication facilities not subject to RCW 35.99.030 shall be processed within 150 days of receipt of an application. The Director will notify the applicant within 30 days of receipt of an application whether it is complete or if additional information is required. Ordinance No. 18- Page 11 of 13 Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2018. Ordinance No. 18- Page 12 of 13 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 18- Page 13 of 13 COUNCIL MEETING DATE: May 15,2018 ITEM #: Sc ..................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMEND FWRC 19.80, REGARDING DOCKET PROCESS AND DEPT.OF COMMERCE NOTIFICATION POLICY QUESTION: Should the Docket Process be amended to permit the City Council to prioritize items to be considered at a regular Council meeting instead of a public hearing, and should the City Council permit Community Development to submit proposed amendments to the State Department of Commerce for review prior to the Planning Commission hearing? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May, 7,2018 CATEGORY: ❑ Consent -1 Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Robert"Doc"Hansen,PlanningManager DEPT: Community Development Attachments: Staff Report Ordinance Options Considered: • Adoption of the proposed ordinance as presented • Adoption of the proposed ordinance with modifications • Deny the proposed ordinance MAYOR'S RECOMMENDATION: Adopt the Proposed Amendments to FWRC 19.80 MAYOR APPROVAL: II ,2 Orpcz_iAdhsr DIRECTOR APPROVAL: N/L.� y/Zi►/'a •C mmitt C01.111Initial Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on May 15, 2018. / 7 . / > d Mark Ko o•..dvarmw Jel Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE MAY 15, 2018: "I move to forward approval of the ordinance to the June 5, 2018 Council Meeting for enactment. " SECOND READING OF ORDINANCE JUNE 5,2018: "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ,,,7t�1,�,;.,�„� ❑ APPROVED COUNCIL BILL# L I ❑ DENIED First reading O TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 12/2017 RESOLUTION# CITY OF Federal Way LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: May 7, 2018 TO: LUTC Chair,Mark Koppang Brian Davis, Community Development Director FROM: Robert"Doc"Hansen,Planning Manager SUBJECT• Amend FWRC 19.80, Regarding Docket Process and Dept.of Commerce Notification I. Introduction At the January 2,2018, City Council meeting, Council approved the 2018 Work Program,which included proposing an amendment to the process to choose items to be considered for annual comprehensive plan or development regulations amendments, or"docket"as referenced within RCW 36.70A. The existing docket process per Federal Way Revised Code(FWRC) 19.80 requires the Council to hold a hearing to determine whether issues should or should not be considered by staff for a public hearing before the Planning Commission. This hearing is not intended to obtain any information from the public regarding the amendments to be considered, but is intended to only obtain testimony whether the issue should or should not be considered. This is unique to the City of Federal Way as most jurisdictions decide upon items to be considered at a normally scheduled council or commissioner meeting without a public hearing. The purpose for this amendment is to allow the City Council to choose items to be considered for amendment of the comprehensive plan or development regulations without holding a public hearing.The proposed amendment will not reduce the opportunity at any time for the public to comment upon any item proposed for amendments, and all comments will be made a part of the public record regarding such amendments. On January 17, 2018, discussions began at Planning Commission meetings to examine various options to improve the annual process for amending the comprehensive plan, or implementing regulations.The proposal presented within Exhibit A is the result of those discussions and the focus of the hearing. II. Background Under the current amendment process, if someone wishes to amend the comprehensive plan designation in order to achieve the rezone of a particular piece of property,they have to submit an application requesting such change by September 30th of any given year to be heard by the LUTC Meeting on Docket Process,FWRC 19.80 Page 1 of 10 Staff Report and Proposed Ordinance May 7,2018 Planning Commission and acted upon by the City Council in the following yearCurrently,the first hearing before the City Council occurs only to determine whether or not they will consider the item and send it to Planning Commission for a public hearing. No decision is made regarding the upecifioproposal. The only action taken ioacceptance nr rejectionoftbeitenntobobeard. Staff only presents the Mayor's recommendation that the item be considered or not considered. This hearing requires as much preparation and staff resources as the eventual presentation for hearing before the Planning Commission. Furthermore, this initial hearing is not required by the Growth Management Act(GMA). Staff is unable to locate another jurisdiction that holds a public hearing to determine which items are going to be considered. The amendments proposed by the Mayor would eliminate the requirement for this initial hearing, allowing the staff to concentrate on researching the items chosen by the City Council to consider for amendment. Another proposed amendment would allow staff to meet the 60-day comment period requirement to submit to the Department of Commerce any proposed amendments at any time within the process. Currently, under the FWRC,the City cannot submit the proposed amendments until after the Planning Commission recommendation. This also is not required by the GMA and can add an Therefore,unucocanor��wonnou�bmtoth� prnc�oo. unucodrnen1atothe code vvi|| reduce the rosourcesotccsouryto meet state requirements when amending the plan, and will not change the opportunity for public input into the process. The amendment is being proposed at this time so that the process may be used for the rest of the year to process the current docket items. HI. Proposed Code Amendments The proposal has two major components. First, language is changed to eliminate the need for a public hi to determine items to be considered under the docket procedure for the year; and to allow the City Council to determine these items through Council Business in a normal City Council meeting. Second, a requirement for a"docket"public meeting is added to allow discussion of the items with the public and take any comment before any public hearing. In addition, in several sections language is added or stricken to clarify or correct current code. The proposal is provided within Exhibit A of this report. 1. Clarification Items. A number of amendments are suggested to clarify and correct some items within this section of the code. • Fees are not codificd. FWRC 19.80.070(4) is amended to reference applicants to the"fees schedule"that is current, since process fees may change in the future. This amendment will insure that a further public hearing is not required when fees change. • Several clarification amendments and corrections are made to FWRC 19.80.080(4) regarding the Planning Commission process. • Proposed changes to FWRC 19.80.170 are intended to clarify when a public notice is necessary for all meetings related to comprehensive plan amendment proposals and what content is required in these notices. LUTC Meeting on Docket Process,FWRC 19.80 Page 2 of 10 Staff Report and Proposed Ordinance May 7,2018 • Changes are suggested to FWRC 19.80.260(3)(d)to insure that findings are made when a proposal is sent back to the Planning Commission for further consideration. • An amendment to FWRC 19.80.270 corrects the reference to the state department reviewing the amendments, and allows the City to submit proposed changes at any time during the review process for the State Department of Commerce review. 2. Elimination of Public Hearing to Determine Items to be Considered on Docket Agenda. Current code requires that the City Council conduct a public hearing to determine those items to be considered on an annual docket. Language has been added to permit the Council to make this determination during Council Business without a public hearing. The language does not reduce public comment opportunity on the proposed amendments. It only allows the Council to make the decision without a public hearing process, which is lengthy and costly. Any public comments regarding the items will become public record. IV. Timeline The actions that have occurred and the anticipated timeline for completion of the code amendments process are shown below: 01/17/18 through Planning Commission Discussions 03/21/18 Notice of Planning Commission Public Hearing 03/16/18 Planning Commission Public Hearing 04/04/18 Anticipated Land Use/Transportation Committee Meeting 05/07/2018 Anticipated City Council 1st Reading 05/15/2018 Anticipated City Council 2"d Reading 06/05/2018 RCW 197-11-800(19)(a)exempts this action from SEPA. V. Public Comments Two public comments have been received regarding this proposal as of March 29,2018. Staff received a verbal comment and request for review of the file on March 25th. Any comments received since this time will be submitted into the record for City Council review. VI. Reason for Planning Commission Action FWRC Chapter 19.80 is proposed for amendment. It was placed upon the 2018 Planning Commission Work Program by the City Council and requested the Planning Commission to review this proposal and for recommendation. FWRC 2.90.040 states that"...the city council may, from time to time, grant to the planning commission such other jurisdiction, powers, duties and authority as city council deems appropriate and consistent with state and city law."This request and addition to the Planning Commission's Work Program is warranted since much of the work entrusted to the Planning Commission is ruled by this section of code under consideration for amendment. LUTC Meeting on Docket Process,FWRC 19.80 Page 3 of 10 Staff Report and Proposed Ordinance May 7,2018 Per FWRC 19.80.250, the Planning Commission will provide its recommendation, and any explanatory information on this proposal,to the City Council through the director's report. VII. Decisional Criteria FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed changes do not have any impact upon policies related to specific land use or comprehensive plan or development regulation changes. Within the City's comprehensive plan,the first goal and an implementation policy in the Land Use Element, Chapter 2, indicate the objectives of this proposal. Goal LUG2: Develop an efficient and timely development review process based on a public/private partnership. Staff: The proposal is intended to improve the hearing and development review process by streamlining the review process while allowing the developer and the public opportunity to participate in the process required to amend the plan or development regulation. Policy LUPE: Conduct regular reviews of development regulations to determine how to improve upon the permit review process. Staff Response: While this proposal is not a "regular review, "the proposal is designed to improve the development review process, and thereby,fulfills this particular part of the plan. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response: The proposed code amendment bears a substantial relationship to public welfare because it will maintain the public participation process and allow proposals to be evaluated more fully with the City's limited staff resources. 2. The proposed amendment is in the best interest of the residents of the City. Staff Response:As stated previously, the proposed amendments are designed to utilize staff resources more efficiently, while maintaining broad opportunity for public and private input into the process. These objectives will better serve the interest of the residents of the City. LUTC Meeting on Docket Process,FWRC 19.80 Page 4 of 10 Staff Report and Proposed Ordinance May 7,2018 VIII. Planning Commission Action The Planning Commission on April 4,2018 held a public hearing in the Council Chambers where public testimony was taken. After deliberation of this public testimony,the Planning Commission recommended that the City Council approve the proposed amendments to FWRC 19.80 by a vote of 6 in favor, 1 opposed. VIX. LUTC Action The Land Use and Transportation Committee has the following options at this time: • Recommend adoption of the proposed amendments to the City Council as presented. • Recommend adoption of the proposed amendments to the City Council with modifications. • Recommend denial of the proposed amendments to the City Council. ATTACHMENT Exhibit A: Proposed Ordinance Regarding Amending FWRC 19.80 and Changes to the Process for Amending the Comprehensive Plan and Development Regulations LUTC Meeting on Docket Process,FWRC 19.80 Page 5 of 10 Staff Report and Proposed Ordinance May 7,2018 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the annual Comprehensive Plan and development regulation amendment procedure; and amending FWRC 19.80.050, 19.80.070, 19.80.080, 19.80.090, 19.80.170, 19.80.180, 19.80.260, and 19.80.270. (Amending Ordinance Nos. 11-684, 10-669, 09-594, 02-426, and 99-337) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the process for amending the Comprehensive Plan and development regulations; and WHEREAS, the existing amendment process for the review of the Comprehensive Plan and development regulations, known as the annual docketing procedure per WAC 365-196-640, is ongoing and continuous; and WHEREAS, interested parties submit applications requesting amendments to the Comprehensive Plan and development regulations throughout each year; and WHEREAS, under the existing process, the City Council holds a public hearing to determine and prioritize which requested amendments will be considered during the annual docketing procedure; and Ordinance No. 18- Page 1 of 12 WHEREAS, this prioritization process does not require a public hearing under state law; and WHEREAS, holding a public hearing to determine and prioritize which requested amendments will be further researched and evaluated by staff (for consideration by the City Council)requires significant staff resources; and WHEREAS, replacing the public hearing to prioritize requested amendments with a regular or special City Council meeting will not reduce the number of opportunities for the public to participate in the docketing and amendment process; and WHEREAS, these amendments clarify and streamline the process to provide greater transparency for applicants and flexibility for staff charged with reviewing and evaluating proposed and p amendments; WHEREAS, the Planning Commission discussed these code amendments at regularly scheduled open public meetings on January 17, February 7, February 21, March 7, and March 21, 2018; and WHEREAS, the action is exempt from SEPA per WAC 197-11.800(19)(a); and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on April 4, 2018; and forwarded a recommendation of approval; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on May 7, 2018 and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 18- Page 2 of 12 Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by improving the process for future amendments to the City's Comprehensive Plan and implementing development regulations by allowing continuous public input to decide those items to be considered by Council in its annual docketing procedure without expending resources to prepare for a public hearing to determine which items will be further reviewed. (b) These code amendments comply with Title 36.70A RCW and Chapter 365-196 WAC, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: Ordinance No. 18- Page 3 of 12 • LUG2 Develop an efficient and timely development review process based on a public/private partnership. • LUP4 Maximize efficiency of the development review process. • LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it reduces the amount of resources necessary to amend the Comprehensive Plan and development regulations by not requiring the City to prepare for a public hearing to determine which items proposed will be considered through its annual review of the Comprehensive Plan. (c) The elimination of the public hearing will not limit the number of opportunities for public input on amendments to the Comprehensive Plan and development regulations. (d) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it simplifies and clarifies the amendment process and provides staff greater flexibility to review and evaluate proposed amendments. Section 3. Chapter 19.80.050 of the Federal Way Revised Code is hereby amended to read as follows: (1)Docketed proposals. The city council shall review docketed proposals concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review and prioritize docketed proposals received prior to September 30th of the previous calendar year according to FWRC 19.80.080. Docketed proposals submitted after September 30th shall be considered during the following annual review. (2) Other amendments. The city-initiated amendments of the comprehensive plan shall be reviewed concurrently with docketed proposals. The city council may also review or amend the comprehensive plan: Ordinance No. 18- Page 4 of 12 (a) If an emergency exists, which is defined as an issue of community-wide significance that promotes the public health, safety, and general welfare; (b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court; (c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW; (d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea; (e) The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget. The city council will hold the public hearing on this matter rather than the planning commission; and (f) In other circumstances as provided for by RCW 36.70A.130(2)(a). The city council may review city-initiated changes to development regulations or to the city's zoning map concurrently with the docketed proposals or at the council's discretion. (3)Additional information. The city council may request, through the mayor, that the department or any other department of the city provide any information or material on a proposal(s), consistent with FWRC 19.80.160. Section 4. FWRC 19.80.070 is hereby amended to read as follows: (1) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request amendments to the comprehensive plan or development regulations. Ordinance No. 18- Page 5 of 12 (2) How to apply. An applicant must complete an application form prepared by the city. An applicant seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the information specified in FWRC 19.15.035 with the department. (3) The director shall have the authority to waive any of the requirements of this section if, in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (4)Fee. -- - • . -- . - - '. . .. ' - - . - ' - fees required under this chapter shall be as provided in the city's fee schedule in effect at the time of application. Section 5. FWRC 19.80.080 is hereby amended to read as follows: (1)After September 30th but pPrior to adopting any docketed proposals, the city council shall hold a public hearingcouncil meeting and will select those docketed proposals it wishes to further consider for adoption and for staff to research and evaluate further. (2) The city council shall consider the following criteria following a public hearing in selecting the docketed proposals to be considered during the upcoming cycle: (a) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. (b) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (c) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Ordinance No. 18- Page 6 of 12 (d) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (3) If the request meets the criteria set forth in subsections (2)(a) through (d) of this section, it shall be further evaluated according to the following criteria: (a)Whether the proposed amendment can be incorporated into planned or active projects. (b) 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 work loads, staffing levels, ete and other operational factors as determined by the director. (c) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (d) Order of requests received. (4) Based on its review of the docketed proposals according to the criteria in subsections (2) and (3) of this section, the council shall determine which docketed proposals shalt will be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation to council. (5) The council's decision to consider a docketed proposal shall not constitute a decision or recommendation that the proposal should be adopted nor does it preclude later council action to add or delete an amendment for consideration. Section 6. FWRC 19.80.090 is hereby amended to read as follows: All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (GDRC). Ordinance No. 18- Page 7 of 12 Section 7. FWRC 19.80.170 is hereby amended to read as follows: Notice provisions under this section shall be followed for both the public hearing the city council meeting during which all the docketed proposals are reviewed and prioritized by the city council as well as the public hearings held by the planning commission and/or city council. (1) Contents. The director shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: (a) The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. (b)A statement of how the proposal would change the affected provision. (c) A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal. (d) The date, time, and place of the meeting or public hearing. (e) A statement of the availability of the official file. (0 A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission and/or city council to give comments orally. (2)Distribution. The director shall distribute this notice at least 14 calendar days before the city council's docket prioritization meeting and all public hearings following the procedures of FWRC 19.80.060. In addition, the procedures of FWRC 19.75.060 shall be followed for site- specific requests regarding notification of adjacent property owners posting of the site. Ordinance No. 18- Page 8 of 12 Section 8. FWRC 19.80.180 is hereby amended to read as follows: (1) General. The director shall prepare a staff report for the planning commission containing: (a) An analysis of the proposal and a recommendation on the proposal; and (b) Any other information the director determines is necessary for consideration of the proposal, consistent with FWRC 19.80.110, 19.80.130, 19.80.140, and 19.80.150. For site-specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3) shall also apply. (2)Distribution. The director shall distribute the staff report as follows: (a) A copy will be sent to each member of the planning commission prior to the hearing. (b) A copy will be sent promptly to any person requesting it. Section 9. FWRC 19.80.260 is hereby amended to read as follows: (1) General. Within 90 days of receipt of the planning commission report by the mayor, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney. (2)Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this title describing the proposal. (3) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (a) Approve the proposal by adopting an appropriate ordinance; (b) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses to modify an amendment to the comprehensive plan or a development regulation, and the change is proposed after the opportunity for review and comment has passed, an Ordinance No. 18- Page 9 of 12 opportunity for review and comment on the proposed change shall be provided before council on the proposed change unless: (i) An environmental impact statement has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement; (ii) The proposed change is within the scope of the alternatives available for public comment; (iii) The proposed change only corrects typographical errors, corrects cross- references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; (iv) The proposed change is to a resolution or ordinance making a capital budget decision that is consistent with the comprehensive plan; or (v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control and the council schedules a public hearing on the adopted moratorium or interim control within at least 60 days of its adoption, and the council adopts findings of fact before or immediately after this public hearing; (c) Disapprove the proposal by resolution; or (d) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the reasons the city council is referring the proposal back to the planning commission.time within which the planning commission shall report back to the city council on the proposal. Ordinance No. 18- Page 10 of 12 (e) If the city council determines that a development agreement should be prepared for a site-specific request, the city council shall recommend further analysis based on Chapter 19.85 FWRC, Development Agreements. Section 10. FWRC 19.80.270 is hereby amended to read as follows: At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the State Office of Community Development (OCD) Department of Commerce and other interested affected local and state agencies, the county and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate the 60-day comment period per RCW 36.70A.106. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to OCDthe State Department of Commerce and others who submitted written comments on the draft comprehensive plan. Section 11. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 12. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 18- Page 11 of 12 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 13. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 14. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 . CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 18- Page 12 of 12 COUNCIL MEETING DATE: May 1, 2018 ITEM#: 8d .. . .............. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2017/2018 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2017/2018 Biennial Budget amendment to the adopted budget? COMMITTEE: FEDRAC MEETING DATE: April 24,2018 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2017/2018 Biennial Budget Amendment Ordinance,Exhibit A,Exhibit B,and Exhibit C Summary/Background: City Council passed the 2017/2018 Biennial Budget Amendment on December 5, 2017, Ordinance No. 17-841. Options Considered: 1. Approve the amendment to 2017/2018 Biennial Budget. 2. Deny approval of the 2017/2018 Biennial Budget Amendment and provide direction to staff. MAYOR'S RECOMMEN TION: Option 1. I, MAYOR APPROVAL: , t/ l q r( 11.1" y ci DIRECTOR APPROVAL: r% 4\III 1� C mitte� ' Coup it Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on May 1, 2018. 4 ,0"- (21cLik, Committee Chair Committ4e)Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the May /5, 2018 Council Meeting for enactment." SECOND READING OF ORDINANCE(DATE): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# n ❑ DENIED First reading • I a. ❑ TABLED/DEFERRED/NO ACTION Enactment reading 14 MOVED TO SECOND READING(ordinances only)( 10( lT ORDINANCE# REVISED-12/2017 RESOLUTION# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2017-2018 Biennial Budget. (Amending Ordinance Nos. 16-826, and 17-841) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2017-2018 fiscal biennium have been prepared and filed on September 20, 2016 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on October 4, October 18, November 1, November 9, November 15 and December 6, 2016, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on December 6, 2016 (Ordinance 16-826) summarized in Exhibit A; and WHEREAS, the City Council of the City of Federal Way amended the budget on December 5, 2017 (Ordinance 17-841) summarized in Exhibit B. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2017-2018 Biennial Budget Amendment. The budget for the 2017-2018 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit C ("2017-2018 Budget Amendment"). Ordinance No. 18- Page 1 of 6 Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this _day of May, 2018. [signatures to follow] Ordinance No. 18- Page 2 of 6 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 18- Page 3 of 6 EXHIBIT A 2017/2018 Adopted Budget 2017 2018 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 10,034,954 $ 48,668,287 $ 48,751,194 $ 9,952,047 $ 49,123,986 $ 50,053,760 $ 9,022,273 Special Revenue Funds: Street 500,000 4,148,199 4,092,470 555,729 4,199,776 4,255,503 500,002 Arterial Street 100,000 1,515,410 1,515,410 100,000 1,517,273 1,517,273 100,000 Utility Tax 1,842,718 8,918,924 9,261,642 1,500,000 8,918,924 8,918,924 1,500,000 Solid Waste/Recycling 175,352 431,117 503,121 103,348 431,117 504,818 29,647 Special Contract/Studies 408,356 - - 408,356 - - 408,356 Hotel/Motel Lodging Tax 501,765 225,700 224,700 502,765 225,700 224,700 503,765 Community Center 1,516,500 2,200,350 2,216,850 1,500,000 2,254,430 2,254,430 1,500,000 Traffic Safety Fund 2,558,371 3,140,374 3,495,761 2,202,984 3,140,500 3,843,484 1,500,000 Real Estate Excise Tax 3,078,496 3,200,000 3,739,023 2,539,473 3,200,000 3,739,473 2,000,000 Utility Tax Proposition I 1,077,462 2,921,481 2,998,943 1,000,000 3,074,939 3,074,937 1,000,002 Performing Arts and Event Center - 937,546 937,546 - 1,254,534 986,820 267,714 Transportation Benefit District - 930,000 930,000 - 930,000 930,000 Community Development Block Grant 40,441 1,237,103 1,277,541 3 1,237,103 1,237,103 3 Paths and Trails 553,356 169,000 - 722,356 169,000 - 891,356 Strategic Reserve 3,000,000 - - 3,000,000 - - 3,000,000 Parks Reserve 750,000 - - 750,000 - - 750,000 Debt Service Fund 2,499,999 10,345,926 10,082,279 2,763,646 1,747,863 1,747,863 2,763,646 Capital Project Funds: Downtown Redevelopment 1,912,244 1,000,000 500,000 2,412,244 1,000,000 500,000 2,912,244 Municipal Facilities 53,232 - - 53,232 - - 53,232 Parks 2,143,499 300,000 2,367,163 76,336 300,000 300,000 76,336 Surface Water Management 4,234,329 540,000 3,209,988 1,564,341 3,140,000 3,322,000 1,382,341 Transportation 4,420,026 16,915,000 20,036,000 1,299,026 11,443,000 12,663,000 79,026 Capital Project Reserve 481,703 - 129,382 352,321 - - 352,321 Performing Arts and Event Center - 11,278,902 11,278,902 - - - - Enterprise Fund: Surface Water Management 1,082,868 4,070,820 3,999,912 1,153,776 4,058,198 3,956,108 1,255,866 Dumas Bay Centre 648,669 747,251 925,014 470,906 747,251 753,994 464,163 Internal Service Funds: Risk Management 846,398 1,567,843 1,567,843 846,398 1,080,343 1,080,343 846,398 Information Technology 3,098,470 2,212,755 2,159,270 3,151,955 2,217,980 2,234,756 3,135,179 Mail&Duplication 209,252 . 128.707 151,507 186,452 119,447 119,235 186,664 Fleet&Equipment 5,707,512 1,800,811 1,413,330 6,094,993 1,811,924 1,061,052 6,845,865 Buildings&Furnishings 2,021,140 483,912 483,912 2,021,140 490,355 490,355 2,021,140 Health Insurance 2,249,828 4.203.500 4,180,000 2,273,328 4,203,500 4,180,000 2,296,828 Unemployment Insurance 1.309,124 268.000 1,050.000 527,124 268,000 50,000 745,124 Grand Total All Funds $ 59,056,064 $ 134,506,918 $ 143,478,703 $ 50,084,279 $ 112,305,143 $ 113,999,931 $ 48,389,491 Ordinance No. 18- Page 4 of 6 EXHIBIT B 2017/2018 Mid-Biennial Amended Budget 2017 2018 Beginning Fund Beginning Ending Fund Fund Balance Revenue Expenditure Fund Balance Revenue Expenditure Balance General Fund $ 11,090,269 $ 49,865,874 $ 50,211,158 $ 10,744,985 $ 49,123,986 $ 50,053,760 $ 9,815,211 Special Revenue Funds: Street 526,510 4,306,461 4,243,147 589,824 4,199,776 4,255,503 534,097 Arterial Street 245,970 1,844,092 1,954,092 135,970 1,517,273 1,517,273 135,970 Utility Tax 2,457,687 9,429,292 10,386,979 1,500,000 8,918,924 8,918,924 1,500,000 Solid Waste/Recycling 176,309 431,117 481,121 126,305 431,117 504,818 52,604 Special Contract/Studies 525,428 - - 525,428 - - 525,428 Hotel/Motel Lodging Tax 737,375 225,700 224,700 738,375 225,700 224,700 739,375 2%for Arts - - - - - - - Community Center 1,516,500 2,278,455 2,294,955 1,500,000 2,254,430 2,254,430 1,500,000 Traffic Safety Fund 2,551,279 3,340,374 3,623,646 2,268,007 3,140,500 3,843,484 1,565,023 Real Estate Excise Tax 4,957,033 4,301,594 6,048,361 3,210,266 3,200,000 3,739,473 2,670,793 Utility Tax Proposition 1 1,290,233 3,021,481 2,998,943 1,312,771 3,074,939 3,074,937 1,312,773 Performing Arts and Event Center 177,413 1,018,749 1,196,162 (0) 1,254,534 986,820 267,714 Transportation Benefit District - - - - 930,000 930,000 - Community Development Block Grant 65,828 1,237,103 1,277,541 25,390 1,237,103 1,237,103 25,390 Paths and Trails 568,722 169,000 - 737,722 169,000 - 906,722 Strategic Reserve 3,021,716 - - 3,021,716 - - 3,021,716 Parks Reserve 752,652 500,000 128,806 1,123,846 - - 1,123,846 Debt Service Fund 2,508,514 10,786,064 10,084,279 3,210,299 1,747,863 1,747,863 3,210,299 Capital Project Funds: Downtown Redevelopment 2,119,099 1,000,000 2,180.000 939,099 1,000,000 500,000 1,439,099 Municipal Facilities 29,593 - - 29,593 - - 29,593 Parks 2,135,589 370,000 2,430,206 75,383 300,000 300,000 75,383 Surface Water Management 4,107,914 400,000 1,565,000 2,942,914 3,140,000 3,322,000 2,760,914 Transportation 9,989,612 22,588,766 30,560,504 2,017,874 11,443,000 12,663,000 797,874 Capital Project Reserve 482,717 - 129,382 353,335 - - 353,335 Performing Arts and Event Center 1,372,864 11,523,963 12,896,827 (0) - - (0) Enterprise Fund: Surface Water Management 1,659,676 4,120,820 4,081,412 1,699,084 4,058,198 3,956,108 1,801,174 Dumas Bay Centre 648,669 1,578,103 1,143,712 1,083,060 747,251 753,994 1,076,317 Internal Service Funds: Risk Management 1,093,832 1,627.843 1.567,843 1,153,832 1,080,343 1,080,343 1,153,832 Information Technology 3,490,097 2.276.500 2.347.629 3,418,968 2.217.980 2,234,756 3,402,192 Mail&Duplication 210,996 132,007 154,807 188,196 119.447 119,235 188,408 Fleet&Equipment 6,334,172 2,287310 1,771.136 6,850,346 1.811.924 1,061,052 7,601,218 Buildings&Furnishings 2.021,140 483.912 503,912 2,001,140 490.355 490,355 2,001,140 Health Insurance 2,020,466 4.507.800 4,380.000 2,148,266 4,203,500 4,180,000 2,171,766 Unemployment Insurance 1,377,809 268.000 1,050.000 595,809 268.000 50,000 813,809 Grand Total All Funds $ 72,263,686 $ 145,920,380 $ 161,916,260 $ 56,267,806 $ 112,305,143 $ 113,999,931 $ 54,573,018 Ordinance No. 18- Page 5 of 6 EXHIBIT C 2017/2018 Amended Budget 2017 2018 Beginning Fund Beginning Ending Fund Fund Balance Revenue Expenditure Fund Balance Revenue Expenditure Balance General Fund $ 11,090,269 $ 49,865,874 $ 50,211,158 $ 10,702,413 $ 49,857,606 $ 51,795,004 $ 8,765,015 Special Revenue Funds: Street 526,510 4,306,461 4,243,147 588,269 4,632,281 4,720,550 500,000 Arterial Street 245,970 1,844,092 1,954,092 372,721 1,517,273 1,789,993 100,001 Utility Tax 2,457,687 9,429,292 10,386,979 1,703,359 9,306,000 9,509,359 1,500,000 Solid Waste/Recycling 176,309 431,117 481,121 195,581 431,117 526,818 99,880 Special Contract/Studies 525,428 - - 608,002 - 467,073 140,929 Hotel/Motel Lodging Tax 737,375 225,700 224,700 967,746 305,200 224,700 1,048,246 2%for Arts - - - - - - - Comnunity Center 1,516,500 2,278,455 2,294,955 1,497,086 2,274,430 2,344,429 1,427,087 Traffic Safety Fund 2,551,279 3,340,374 3,623,646 2,578,153 3,500,500 4,568,087 1,510,566 Real Estate Excise Tax 4,957,033 4,301,594 6,048,361 3,161,852 3,460,000 4,142,129 2,479,723 Utility Tax Proposition 1 1,290,233 3,021,481 2,998,943 1,281,109 3,093,829 3,374,938 1,000,000 Performing Arts and Event Center 177,413 1,018,749 1,196,162 477 1,871,509 1,871,986 - Transportation Benefit District - - - - - - - Comnunity Development Block Grant 65,828 1,237,103 1,277,541 39,874 1,237,103 1,237,103 39,874 Paths and Trails 568,722 169,000 - 761,546 169,000 - 930,546 Strategic Reserve 3,021,716 - - 3,043,979 25,000 - 3,068,979 Parks Reserve 752,652 500,000 128,806 1,248,647 5,000 - 1,253,647 Debt Service Fund 2,508,514 10,786,064 10,084,279 4,106,222 1,772,863 2.978.063 2,901,022 Capital Project Funds: - Downtown Redevelopment 2,119,099 1,000,000 2,180,000 901,814 1,000,000 500,000 1,401,814 Municipal Facilities 29,593 - - 279,730 - - 279,730 Parks 2,135,589 370,000 2,430,206 2,097,428 300,000 2,195,887 201,541 Surface Water Management 4,107,914 400,000 1,565,000 3,555,912 1,505,905 4,936,205 125,612 Transportation 9,989,612 22,588,766 30,560,504 10,025,118 18,976,712 28,352,467 649,363 Capital Project Reserve 482,717 - 129,382 355,610 - - 355,610 Performing Arts and Event Center 1,372,864 11,523,963 12,896,827 (8,124,951) 2,000,000 1,000,000 (7,124,951) Enterprise Fund: - Surface Water Management 1,659,676 4,120,820 4,081,412 2,082,541 4,189,868 4,117,510 2,154,899 Dumas Bay Centre 648,669 1,578,103 1,143,712 1,509,243 758,752 767,995 1,500,000 Internal Service Funds: - Risk Management 1,093,832 1,627,843 1,567,843 1,573,589 1,080,343 1,453,932 1,200,000 Information Technology 3,490,097 2,276,500 2,347,629 3,620,350 2,371,772 2,518,915 3,473,207 Mail&Duplication 210,996 132,007 154,807 176,703 135,947 135,735 176,915 Fleet&Equipment 6,334,172 2,287,310 1,771,136 7,071,466 2,275,617 1,237,535 8,109,548 Buildings&Furnishings 2,021,140 483,912 503,912 2,492,330 490,355 490,355 2,492,330 Health Insurance 2,020,466 4,507,800 4,380,000 2,550,138 4,507,800 5,583,125 1,474,813 Unenployment Insurance 1,377,809 268,000 1.050,000 359,328 268,000 50,000 577,328 Grand Total All Funds $ 72,263,686 $ 145,920,380 $ 161,916,260 $ 63,383,385 $ 123,319,782 $ 142,889,893 $ 43,813,274 Ordinance No. 18- Page 6 of 6