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LUTC PKT 01-07-2019 City of Federal Way City Council Land Use & Transportation Committee January 7, 2019 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date Time A. Approval of Minutes: December 3, 2018 Tenuta 3 Action N/A 5 min B. RESOLUTION: Mirror Lake Highland Final Harris 7 Action January 15, 2019 5 min Plat Approval Consent C. Brook Lake Center Connector Trail at West Mulkey 33 Action January 15, 2019 5 min Hylebos Wetlands Park—85%Design Status Consent Report and Authorization to Bid D. Master Lighting Services Agreement—PSE— Preston 37 Action January 15, 2019 5 min PhaseI Consent E. Acceptance of FY 2019 King County CFT Thurlow 45 Action January 15, 2019 5 min Funds Consent F. Request for Proposals—Underground Utility Winkler 57 Action January 15, 2019 5 min Locate Contract Consent G. Report on Progress on Aircraft Issues Weidenfeld 61 Info N/A 10 min 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, February 4, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Jesse E.Johnson,Member Mercedes Tenuta,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. 2 City of Federal Way DRAFT City Council Land Use & Transportation Committee December 3, 2018 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Jesse Johnson, and Committee member Hoang Tran. Staff in Attendance: Public Works Director EJ Walsh, Deputy Public Works Director Desiree Winkler, Deputy City Attorney Mark Orthmann, Senior Policy Advisor Yarden Weidenfeld, Sound Transit Liaison Tony Doucette, Surface Water Manager Theresa Thurlow, Street Systems Project Engineer Naveen Chandra, and Administrative Assistant II Mercedes Tenuta. 1. CALL TO ORDER: Chair Koppang called the meeting to order at 5:00 p.m. 2. PUBLIC COMMENT: Dana Hollawav commented regarding item"F"(Report on Progress on Aircraft Issues)and commended Senior Policy Advisor, Yarden Weidenfeld, for his presentations. Bernadine Lund spoke in favor of items "D" (Authorization to Lease SWM Property for Temporary Parking) and "E" (RESOLUTION: Authorization to Accept Grant Funding for Transportation Improvement Projects). 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: November 5, 2018 Committee approved the November 5, 2018 LUTC minutes as presented. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously B. South 356th (Pacific Highway South to Enchanted Parkway South) Improvement Project—Project Acceptance Street Systems Project Engineer, Naveen Chandra, presented the project that constructed a continuous 5-lane urban arterial with bikes lanes between Pacific Highway South and Enchanted Parkway South. Prior to release of retainage on a Public Works construction project, Council must accept the work as complete to meet State requirements. Mr. Chandra provided before and after pictures and outlined the final construction amount which came in under budget. Committee forwarded Option #1 (Authorize final acceptance of the S 356th (Pacific Highway South to Enchanted Parkway South) Improvement project constructed by SCI Infrastructure, LLC in the amount of$3,540,311.85 as complete) to the January 2, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 3 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 C. Sound Transit TDLE Project Administration Agreement Sound Transit Liaison, Tony Doucette, provided an overall background including an overall schedule pertaining to the Tacoma Dome Link Extension Project with Sound Transit(which is a separate from the Federal Way Link Extension). Mr. Doucette outlined the details of the project administration agreement, current and future task orders, and items that are not covered in the agreement. Mr. Doucette and Councilmembers had a brief discussion regarding reimbursement and similarities to the FWLE agreement. Committee forwarded Option #1 (Approve the Inter-Local Agreement with Sound Transit to allow for reimbursement of incurred costs associated with the Tacoma Dome Link Extension project and authorize the Mayor to execute the agreement) to the January 2, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously D. Authorization to Lease SWM Property for Temporary Parking Surface Water Manager, Theresa Thurlow, explained that SeaCon, LLC, has requested to park on the SWM property due to the limited parking that exists now and the hazard it poses to their employees having to walk on the shoulder. Ms. Thurlow provided a site map to identify the parcel location and outlined the lease terms. Committee forwarded Option #1 (Authorize SWM Staff to proceed with entering into a temporary lease agreement with Sea Con, LLC) to the January 2, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously E. RESOLUTION: Authorization to Accept Grant Funding for Transportation Improvement Projects Deputy Director, Desiree Winkler, gave a brief background regarding grant applications submitted through Puget Sound Regional Council (PSRC)and WA State Transportation Improvement Board (TIB). Council needs to accept the grants, including passing this resolution for the federal grants. The projects that were awarded federal grant funding are outlined as follows: • Lakota MS Sidewalks (Dash Point Rd (21St Ave S to S 312th St) • SW 356th Preservation Project (15th Ave SW to 4th PI W) • Adaptive Traffic Control System — Phase III (North end of the City) • Pacific Hwy Non-Motorized Corridor— 16th Ave S (S 308th Street to S 288th Street) Ms. Winkler also outlined the two grant submissions that were not successful. Committee forwarded Option #1 (Approve the attached resolution to accept Federal Grant Funding for the following projects: SW 356th Street (15th Ave SW to 4th Place SW), Adaptive Traffic Control System Phase 3, and Pacific Highway Non-Motorized Corridor— 16th Ave S (S 308th St to S 288th St); and accept Transportation Improvement Board (TIB) grant funding for the Lakota MS — SW Dash Point Road — 21St Ave SW to SW 312th St) to the January 2, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 4 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 F. Report on Progress on Aircraft Issues Senior Policy Advisor, Yarden Weidenfeld, provided an extensive update regarding the topics of discussion at various meetings held including the Sea-Tac Airport Stakeholders Roundtable (StART), the Aviation Noise Working Group, the Airport Community Impact Study Advisory Committee, the Highline Forum, and the Washington State Legislature Joint Transportation Committee. Chair Koppang allowed citizen comment by Dave Berger, a Federal Way resident, a member of the Quiet and Healthy Skies Task Force, and the Mayor's citizen representative to the Sea-Tac Airport Impacts Study. Mr. Berger provided an extensive supplemental report and highlighted important key points for the committee. Chair Koppang, Mr. Berger, and Mr. Weidenfeld held a discussion of the key points and highlighted topics. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on January 7, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 6:09 p.m. Attest: Approved by Committee: Mercedes Tenuta, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 5 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 This page left blank intentionally. 6 COUNCIL MEETING DATE: January 15, 201.9 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MIRROR LAKE HIGHLAND FINAL PLAT APPROVAL RESOLUTION POLICY QUESTION: Should the City Council adopt a resolution approving the Mirror Lake Highland Final Plat (City File No. 18-104198-SU)? COMMITTEE: Land Use/Transportation MEETING DATE: January 7,2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business Re olution ❑ Other STAFF REPORT BY: Jim i l:rrri s, Scnior Planner DEPT: Community Development Attachments: 1. Resolution approving the Mirror Lake Highland Final Plat. 2. Mirror Lake Highland Final Plat Staff Report,January 7, 2019, 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: � -eyl li2L("1'012 APPROVAL: 4111a Com 1ittee C<amci !ni[ial7Datc Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed resolution to the January 15, 2019, consent agenda for approval. Mark Koppang,Committee Chair 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: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 7 CITY OF _� Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO LAND USE & TRANSPORTATION COMMITTEE MIRROR LAKE HIGHLAND FINAL PLAT Federal Way File No. 18-104198-00-SU Report prepared by Jim Harris,Senior Planner,January 7,2019 I RECOMMENDATION Approval of the Mirror Lake Highland 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,January 7,2019—5:00 pm. Plat Location: King County Parcels 072104-9109, -9110, -9111, -9114, &-9024.Parcels are located north of SW 312"' Street at 6'h Place SW(Exhibit B). Description: Mirror Lake Highland is a proposed 16-lot single-family residential subdivision for a Cottage Housing project on approximately 1.85 acres.The Mirror Lake Highland preliminary plat application was granted approval by the Federal Way City Council on November 4, 2008,per City Council Resolution 08-535 (Exhibit Q. Access to Mirror Lake Highland is from the north side of SW 312'h Place onto a new private roadway,(6'h Lane SW)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: Bill McCaffrey Mirror Lake Highland LLC _ 1 30929 37'h Place SW G - ' Federal Way, WA 98023 Surveyor: Informed Land Survey Evan Wahlstrom r- Il .,1. PO Box 5137 '; I Tacoma, WA 98415 i Water: Lakehaven Water and Sewer District11 t Sewer: Lakehaven Water and Sewer District w Ni Staff Report to Land Use&Transportation Committee Page 1 of 6 Mirror Lake Highland Final Plat File No.18-104198-00-SU/Doc.ED.78455 8 Fire District: South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan(FWCP)and zoning designation for the subject property is Single Family High Density Residential and RS 7.2, respectively. The Mirror Lake Highland plat is a cottage housing project as discussed below. Cottage Housing—In 2006, the Federal Way City Council adopted a Cottage Housing ordinance,which authorized cottage housing on a demonstration project basis. The FWRC defines cottage housing development(CHD)as a residential lot development consisting of clusters of between 4 and 16 detached dwelling units that include cottage and compact single-family(CSF)units and which meets specific criteria that limit the size of the building, and contain requirements for common open space and specific architectural design standards. Cottage homes are restricted in square footage,but are allowed at roughly twice the density permitted by the underlying zone, are single-family ownership homes, and are characterized by home orientation to a shared central open space. As noted in the ordinance, after approved cottage housing projects have been constructed and evaluated, additional cottage housing developments may be permitted, or the City Council may choose to amend or repeal the cottage housing code provisions. The Mirror Lake Highland Cottage project was submitted as a potential cottage housing project for 14 units on January 1, 2007. As required under the Cottage Housing Ordinance,the applicant presented the proposed development to interested neighbors in a meeting on January 23, 2007.Neighborhood concerns included traffic,trees, and lake protection.The applicant submitted a pro-forma analysis that demonstrated that the property could be developed into seven traditional single-family housing parcels.' The proposed CHD was analyzed for conformance with adopted selection criteria and was found to be generally consistent with the purposes of the cottage housing article, was designed with sensitivity to neighboring single-family residential uses, and was an excellent example of Craftsman inspired cottage housing with appropriate design features. Following analysis and review, on April 17, 2007, the Cottage Housing Selection Committee' recommended that the proposed development be selected to advance to the formal submittal phase for development of a cottage housing demonstration project, subject to conditions. The applicant purchased additional land and requested that a larger project be considered. On October 10, 2007,the city approved a modification to the site plan that expanded the cottage housing proposal from 14 units to 16 units. Preliminary Plat—The 16-lot Mirror Lake Highland Preliminary Plat was granted approval by the Federal Way City Council on November 4, 2008, per Resolution 08-535. The 1.85-acre subdivision includes tracts for storm drainage, lot access, landscaping, and open space/common areas. Final Plat—The applicant submitted a final plat application on September 10,2018, while the site was still under construction. Plat improvements were deemed substantially complete on December 18,2019. Pursuant to RCW 58.17.110 and Chapter 18.40 of the 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. ' Upon purchase of additional land,the revised proforma demonstrated that eight traditional housing lots could be developed. 2 The committee consisted of city staff and members of the public. Staff Report to Land Use&Transportation Committee Page 2 of 6 Mirror Lake Highland Final Plat File No. 18-104198-00-SU/Doe I.D.78455 9 City of Federal Way staff has reviewed the Mirror Lake Highland Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All 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 Mirror Lake Highland Final Plat is enclosed(Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution 08-535). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040,and identified by staff responses following each condition. 1. Prior to the city's approval of engineering plans,the applicant shall provide a detailed design meeting applicable provisions of Low Impact Development(LID)as outlined in the 2005 King County Surface Water Design Manual(KCSWDM) and as modified by the City of Federal Way.The applicant may be required to provide additional bonding or maintenance provisions for methods not currently approved by the KCSWDM. Staff Response: The applicant has installed a surface water flow control and treatment system that meets requirements of the 2005 KCSWDM. Where the 2005 KCSWDM was not specific enough about design and sizing of LID measures,the applicant met the requirements of the 2005 Department of Ecology Stormwater Management Manual for Western Washington (DOE Manual). This condition has been met. 2. Prior to the city's approval of engineering plans,the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing common open space and right-of-way landscaping within the plat boundaries for review and approval by the Directors of Community Development and Public Works. Staff Response: The applicant has provided a final landscape plan that was approved by both Community Development and Public Works Departments. The applicant has posted a bond for portions of the landscaping in common areas that has not been completed. At the time of this report preparation,the financial guarantee for the open space landscaping and open space amenities is being processed. This financial guarantee must be completed and recorded as appropriate before city signatures and recording of the final plat. This condition has been met. 3. Prior to the city's approval of engineering plans,the applicant shall strive to reduce the quantity and overall height of any proposed retaining walls or rockeries.Approved retaining walls or rockeries associated with plat construction shall reflect cottage housing residential scale, design, and sensitivity of materials or treatment, including use of texture,vegetation, and terracing. Staff Response: This condition has been met. There are several retaining walls on the site; however, the wall heights were reduced and minimized during design and construction. The design and materials of the walls include typical residential brick materials. 4. Prior to the city's approval of engineering plans, should the city determine that the proposed development impacts the location of the existing westbound bus stop on SW 312t1i Street; the approved plans shall depict a 10 x 10 foot concrete landing pad that meets the Americans with Disabilities Act(ADA) and King County Metro standards. Staff Response: The applicant has installed a 10 x 10 foot concrete landing pad that meets ADA and King County Metro standards in this location. This condition has been met. Staff Report to Land Use&Transportation Committee Page 3 of 6 Mirror Lake Highland Final Plat File No, 18-104198-00-SU/Doc.I.D.78455 10 5. Prior to final plat approval,the access and configuration of lot 14 shall be revised so that lot 13 receives greater access to the common open space as discussed in the findings. Staff Response: This condition has been met. Lot 14 fronts on and faces the common open space directly south of the lot. 6. Prior to final plat approval,the final plat drawing shall dedicate all common open space in an open space tract(s)to be owned in common and maintained by property owners of the proposed subdivision,and shall prohibit removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the city. A note shall be included on the final plat map that the open space tract shall not be further subdivided, and may not be developed with any buildings or other structures except as may be approved by the city for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. Staff Response: This condition has been met. The original preliminary plat approval required a minimum of 8,000 square feet of usable open space for the plat, based on a 500 square feet per unit standard. The common open space area of the Mirror Lake Highland Plat is located within Easement Area B of Tract A. Easement Area B open space contains 11,015 square feet. Easement Area B includes a 560-square foot community building, gardens and landscaping, pea patch, benches, open grass area, and walkways. In addition, the raingardens within tracts B, C, D,and E will include passive recreation, including seating and viewing areas, and qualifies as usable open space. Easement Area B includes 11,015 square feet of open space,plus 5,004 square feet of raingarden, for a total open space area of 16,019. There are notes regarding limitations of use and maintenance of the common open space on the final plat map, sheet 3. 7. Prior to final plat approval,the applicant shall provide to the city a covenant against the property that establishes a minimum of two of the housing units as affordable housing as provided in FWCC Section 22-923(13)(a),for a period of not less than 15 years, for city review and approval. Prior to issuance of certificate of occupancy for these units,the approved covenant shall be recorded at King County at the expense of the applicant. Staff Response: This condition has been met. A draft covenant has been submitted to the city and is being reviewed by city staff. The draft covenant will need to be reviewed and potentially revised prior to approval by city staff. The approved affordable housing covenant will need to be recorded prior to city issuance of an occupancy certificate for either of the two affordable units. 8. Prior to final plat approval,traffic mitigation in the amount of$64,458.00 shall be paid to the city. Staff Response: This condition has been met. The city has adopted new provisions, codes, and standards for impact fee collection since the date of the preliminary plat approval. Therefore,this condition and payment of traffic mitigation fees was modified in the August 8, 2014, preliminary plat extension approval. The revised condition requires payment of Transportation Impact Fees determined based on the fee schedule in effect at the time of plat recording, or alternatively at the time of permit issuance of individual single-family residential building permits. 9. Prior to issuance of any building permit for the subject site, submitted plans shall depict all buildings to contain approved sprinkler systems. Staff Response: In a February 15, 2018, letter from South King County Fire and Rescue,this condition was modified to require automatic fire sprinkler systems in the structures on lots 6— 16.A Staff Report to Land Use&Transportation Committee Page 4 of 6 Mirror Lake Highland Final Plat File No I8-104198-00-SU/Doc.I.D.78455 11 note regarding automatic fire sprinkler systems is on page two of the final plat map. This condition has been met. 10. Prior to building permit issuance,the city shall confirm that affordable housing cottage units have the exterior materials and appearance consistent with the market rate cottage and compact single-family housing units. Staff Response: This condition will be met during review of individual building permit applications. 11. In addition,the applicant shall incorporate a stormwater maintenance and monitoring plan into CC& R's or other covenants running with the land that provide the following: • A reasonable five year monitoring plan prepared by staff designed to monitor compliance with the performance standards contemplated in the KCSWDM. The monitoring plan shall authorize the city to impose remedial measures, such as requiring additional stormwater facilities, if performance standards are not maintained. • A right of access to the city for stormwater system inspections. • A right access to the city to repair stormwater system facilities at the expense of the property owners if the property owners do not conduct the repairs within a reasonable timeframe imposed by the city. Staff Response: The City of Federal Way requires an ongoing monitoring plan for this and all developments. The plan allows the city to conduct annual and emergency inspections. Repairs and/or replacements are then made by the developer,or if necessary, by the city at the owners' expense. Rights and responsibilities are outlined in a document entitled Declaration of Covenant for Maintenance and Inspection of Flow Control BMP's that will be recorded with the plat and referenced on the face of the plat. V STATE ENVIRONMENTAL POLICY ACT(SEPA) The city issued a Determination of Nonsignificance(DNS) for the proposal on April 16, 2008. 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: I. 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 as discussed below. The plat meets the RS 7.2 zoning density for a cottage housing project. Construction of the plat infrastructure is substantially complete and as provided in FWRC 18.40.040, and performance and maintenance bonds are in place as required by the FWRC. At the time of this report preparation, the financial guarantee for the open space landscaping and open space amenities is being processed. This financial guarantee must be completed and recoded as appropriate before city signatures and recording of the final plat. Staff Report to Land Use&Transportation Committee Page 5 of 6 Mirror Lake Highland Final Plat File No.18-104198-00-SU/Doc.I.D.78455 12 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, and 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 16,019 square feet of common open space. 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 Mirror Lake Highland have been constructed and a maintenance bond is in effect. In addition, sewer lines have been installed and approved in a December 18,2018 letter by Lakehaven Water and Sewer District, and water lines have been approved by Lakehaven Water and Sewer District in a December 18, 2018 letter. 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 Mirror Lake Highland 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 08-535, approving the Mirror Lake Highland Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS Exhibit A Reduced Copy(8'/z x 11)Mirror Lake Highland Final Plat Exhibit Vicinity Map Exhibit C Resolution 08-535 Mirror Lake Highland Preliminary Plat Approval Exhibit D Reduced Copy(8'/2 x 11),Approved Mirror Lake Highland Preliminary Plat Exhibit E Proposed Resolution Approving the Mirror Lake Highland Final Plat Staff Report to Land Use&Transportation Committee Page 6 of 6 Mirror Lake Highland Final Plat File No.18-104198-00-SU/Doc.I.D.78455 13 MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA DEDICATION APPROVALS KNOW ALL PEOPLE BY THESE PRESENTS THAT WE,THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED,HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, DEPARTMENT OF PUBLIC WORKS AND DO HEREBY DEDICATE TO THE USE OF THE PUBUC 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 EXAMINED AND APPROVED THIS DAY OF .20-- FILLS 0_FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES.AND 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 PLAT AS BEING DEDICATED DEPUTY DIRECTOR OF PUBLIC WORKS DATE OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC,IN WHICH CASE WE DO HEREBY DEDICATE AND CONVEY SUCH STREETS,EASEMENTS,OR TRACTS TO WE PERSON OR ENTITY EXAMINED AND APPROVED THIS_DAY OF 20_ IOPBTFFO AiM FOR THE PIUPI O STAN& 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 CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY,ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN,ESTABLISHMENT, CONSTRUCTION,OPERATION.FAILURE TO OPERATE,OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEM S, ALTERATIONS OF THE GROUND SURFACE.VEGETATION,DRAINAGE OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DEPARTMENT OF COMMUNITY DEVELOPMENT DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND WE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. EXAMINED AND APPROVED THIS-DAY OF 20_ FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED,AGREE FOR THEMSELVES,THEIR HEIRS AND ASSIGNS TO INDEMNIFY,HOLD HARMLESS.AND DEFEND THE CITY OF FEDERAL WAY,ITS SUCCESSORS AND ASSIGNS. FROM AND AGAINST ANY DAMAGE,INCLUDING ANY COSTS OF DEFENSE,CLAIMED BY PERSONS W! IN OR WITHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN,ESTABLISHMENT,CONSTRUCTION,OPERATION,FAILURE TO DIRECTOR OF COMMUNITY DEVELOPMENT DATE 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 FACIUTIES DESIGNED TO,RECEIVE OR APPRO ALLLY OF PLANTVING DRAINAGE S AND PERMITS FORM WE SAME.PROWDEDNTHIS WAIVER ANS AND WE CITYD NDEMNFEDNIIFICATIONWAYS SHALL NOT BE FEDERAL WAY CITY COUNCIL CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS,FROM LIABILITY FOR DAMAGES,INCLUDING THE COST OF DEFENSE,RESULTING FROM EXAMINED AND APPROVED THIS DAY OF 20_. AND TO THE EXT NT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY,ITS SUCCESSORS,OR ASSIGNS. T1I5 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. MAYOR DATE IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS: MIRROR LAKE HIGHLAND,LLC CITY CLERK DATE WILUAM J.MCCAFFREY,MANAGER KING COUNTY FINANCE DIVISION CERTIFICATE 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 70 THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED,DEDICATED AS STREETS.ALLEYS OR FOR ANY OTHER PUBLIC USE,ARE PAID IN FULL THIS_DAY OF---.20_, ACKNOWLEDGMENTS MAMAzmI n AM:c Drosim DEPUTY STATE OF WASHINGTON 155, KING COUNTY DEPARTMENT OF ASSESSMENTS 1 COUNTY OF KING EXAMINED AND APPROVED TIilSOAY OF 20_. ON THIS DAY PERSONALLY APPEARED BEFORE ME .-.-,„s_,.. __...OF __...__. __THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES THEREIN MENTIONED KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS_DAY OF 20_ ACCOUNT NUMBER NOTARY PUBLIC RESIDING IN MY COMMISSION EXPIRES, LAND SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER _.�...........v....... MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF BILL MCCAFFREY I F- -V, ON THIS _DAY OF 20- r; y� •�s a ,1: RECORDING CERTIFICATE RECORDING NO. EVAN MARKWAKSTROM,LS#44651 EXP 10/04/20 FILED FOR RECORD THIS DAY OF .20_. i�, LLY1U 4•' i rlrlA IN BOOKOF PLATS AT PAGE-AT THE REQUEST OF MIRROR LAKE HIGHLAND.LLC R E S U B M I TT �W MANAGER SUPERINTENDENT OF RECORDS DEC 17 2016 PAGE l CFF OF FEDERAL WAY r w CITY OF FEDERAL WAY FILE NO 18-104198-00-SU Informed and survey i nAr� SW 174 OF THE NE 174 OFSECTION 7,T21N,R4E,W.M.,KING COUNTY,WA SHT POB ,13 WA 98415-0I37 MIRROR LAKE HIGHLAND BILL MCCAFFREY QB M, rLX a?xJa2r-pro 604 312TH ST SW FEDERAL WAY WA OF www.iaandwrveY.�wR ORAFT�O SO Mcaa al/ MCCAW-170817, PLAT 9 LAND suprtm •NAPpuaQ•CONSTRUCTION UYa{T T6.1 77P0T8 00Np:MCCAW-t7A917 14 vTu UVG MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T2 1 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA S N� 'D BY L��,�o"a; LEGAL DESCRIPTION "'"°°MP""Y• SUBDIVISION NOTES PARCEL A: 9024 1)USE OF TRACTS AND LOTS ARE FURTHER DEFINED IN THE COVENANTS,CONDITIONS AND RESTRICTIONS GOVERNING ( ) E MIS COTTAGE SUBDIVISION,FILED UNDER RECORDING NO._ THAT PORTION OF THE EAST HALF OF TWEST HALF OF MSOUTHWEST QUARTER OF THE NORTHEAST QUARTER Z)BUILDINGS ON LOTS 8 THROUGH 16 WALL REQUIRE NEPA 1E SOU30 AUTOMATIC FIRE SPRINKLER SYSTEMS OF SECTION 7,TOWNSHIP 21 NORTH,RANGE 4 EAST.Wit,IN KING COUNTY,DESCRIBED AS FOLLOWS. BEONNING AT A POINT ON THE EAST UNE OF A PRIVATE ROAD.SAID POINT BEING 198 FEET SOUTH OF THE NORTH 3)THIS SUBDIVISION CONTAINS 1.85 ACRES f,PRIOR TO CREATION OF ANY LOIS,TRACTS,OR OTHER OwCATIONS ONE OF SAID SUBOMSION AND 100 FEET WEST OF THE EAST UNE OF SAID SUBDIVISION; 4)THE MIRROR LAKE HIM PLAT 15 A COTTAGE HOUSING DEMONSTRATION PROJECT AUTHORIZED BY THE THENCE SOUTH ALONG THE EAST UNE OF SAID PRIVATE ROAD.A DISTANCE OF 712 FEET; FEDERAL WAY CITY COUNCM..AS TIS IS A DEMONSTRATION PROJECT,SEVERAL GE THE AS 7,2 ZONING THENCE EAST RN FEET RE INTERSECT THE EAST UNE OF SAID$UBgN90N AT A PANT 9/O FEET SWM OF THE STANDARDS ARE UNIQUE TO ME COTTAGE HOUSING DEVELOPMENT.THE INDIVIDUAL LOTS SHALL BE DEVELOPED IN NORTHEAST CORNER THEREOF; GENERAL COMPLIANCE WITH BUILDING SETBACKS,LOT COVERAGE AND FACADE DESIGN AS DEPICTED ON THE THENCE SOUTH ALONG THE EAST UNE OF SAID SUBDIVISION 70 THE SOUTH UNE d=THE COUNTY ROAD; FOLLOWING PRELIMINARY PLANS MIRROR LAKE HIGHLAND COTTAGE HOUSING RE00 AREAS AND SIRE CDYERAOE THENCE WEST 100 FEET TO THE EAST UNE SAID A PRIVATE ROAD: THENCE SWM ALONG THE EAST UNE OF SAID PRIVATE ROAD TOE THE SWM UNE OF SAID E WEST HA DATA,SHEE2007.ON FI AND PR HE CITY YF FEDERAL WAYDEVUN ER ETSFILE A-4-A-11 19 THE WIN STUDIO,DALE THENCE WEST A FEET TO THE EAST UNE OF THE WEST SAID SECT OF THE EAST HALF OF THE WEST HALF OF THE 12/21/200],W FllF WITH THE CITr OF FEDERAL WAY UNDER FILE NO,18-104198-SII. SOUTHWEST QUARTER IPF THE NORTHEAST QUARTER OF$AID SECTION]; THENCE NORTH ALONG SAID EAST UNE TO A POINT 198 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST 5)AFFORDABLE HOUSING LOTS-LOTS O 7 AND 13 ARE DESIGNATED AS AFFORDABLE CHAP PER HIL UNITS PER CITY O, QUARTER OF SAID NORTHEAST PONTQUARTER; FEDERAL WAY COTTAGE HOUSING ORDINANCE.FEDERAL WAY REVISED CODE CHAP IEE 19.250.. FOU +.97•s�:SD THENCE EAST OR FEET F THE POINT OF BEGINNING: THE AFFORDABLE HOUSING SALES COVENANT,AS APPROVED BY ME COY,SHALL BE IN W'MCf FqH EXCEPT THE NORM 82 FEET THEREOF; FROM INITIAL OCCUPANCY. AND EXCEPT COUNTY ROAD(SOUTHWEST 312TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED M SOPHIE A MCNEIL BY WIT CLAIM DEED DATED.,UNE 16.2001, RECORDED JUNE 19.2001,UNDER RECORDING NO.20010619000738; TODETIER MRI A PERPETUAL CASEMENT FOR NITRES$AND CORS OKA TUE FOLLONI NFi DESCRIBED LAND: A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ALONG EITHER SIDE OF TIE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTH UNE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 21 NORTH,RANGE 4 FAST,W.Y.,IN KING COUNTY,WASHINGTON.FROM WHICH POINT ON THE NORTHWEST CORNER THEREOF BEARS NORTH 8911'19'WEST,A DISTANCE OF 439.51 FEET; THENCE SWM 01134587 WEST,987.31 FEET; THENCE SOUTH 63755'OV EAST,IIQ34 FEET; THENCE 8-ENCE SOUTH 01134.5MST.145.16 FEET TO THE NORTH MARGIN OF THE COUNTY ROAD KNOWN AS SOUTH 5127M STREET: TOGETHER WITH AN ACCESS EASEMENT AS SET FORM IN INSIRUME14T RECORDED JUNE 19,2001 UNDER RECORDING NO,20010819000739; SITUATE IN THE CITY OF FEDERAL WAY,COUNTY OF KING,STATE OF WASHINGTON, SECTION DETAIL PARCEL B: (9109) THAT PORTION OF ME EAST HALF OF THE NEST HALF OF THE SOUTHWEST QUARTER OF ME NORTHEAST RATTER 7 W 0-w Y ITT OF SECTION 7,TOWNSHIP 21 NORTH,RANGE 4 EAST DESCRIBED AS FOLLOWS: a SH7 !Ava BEGINNING ON THE EAST LINE OF SAID SUBDIVISION AT A POINT 525.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG SAID EAST LINE 175.00 FEET; (� THENCE WEST 100 FEET TO THE EAST LINE OF A PRIVATE ROAD: 1Q THENCE NORTH ALONG SAID EAST LINE 175 FEET TO A POINT WEST OF ME POINT OF BEGNNNG; LJ THENCE EAST 100 FEET TO THE PONT OF BEGINNING: t, V SITUATE IN THE CITY OF FEDERAL WAY,COUNTY OF KING,STATE OF WASHNGION N PARCEL C: (9110) MAT PORTION TO THE EAST HALF ORT. THE WEST HALF OF IN SOUTHWEST COUNT WASTER TO THE NORTHEAST QUARTER OF SECTION J,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON,DESCRIBED A5 FOLLOWS., BEGINNING AT A POINT 700 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; LO'_ATKX1 THENCE SWM 70 FEET; THENCE WEST 100 MENCE NORFEET; M 70 FEET; - , d MANCE EAST 100 FEET M THE TRUE POINT OF BEGINNING SITUATE IN ME CITY OF FEDERAL WAY,COUNT'OF KING,STATE OF WASHINGTON. 'POW �. P --M sr AW�, r`3. r n s PARCEL D:(9111) - THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER "GMS I1W7741' OF SECTION 7,TOWNSHIP 21 NORTH.RANGE 4 EAST,W.M,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: :x'*0T UA2 BEGINNING AT A POINT 770 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 140 FEET; THENCEWEST 100 FEET; THENCE NORTH 140 FEET; THENCE EAST 100 FEET TO THE TRUE PONT OF BEGINNING; SITUATE IN THE CITY OF FEDERAL WAY.CWNTY OF KING PARCEL E: (9114) THAT PORTON OF THE EAST HALF OF THE NEST HALF OF THE SOUTHWEST WARIER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 21 NORTH.RANGE 4 EAST,W.M.,IN KING COUNT,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 420 FEET SOUTH OF ME NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 105 FEET; THENCE WEST 100 FEET; THENCE NORTH 1D5 FEET; THENCE EAST 100 FEET TO THE TRUE POINT OF BEGINNING. +�Yp EP�,J�E SITUATE IN THE CITY OF FEDERAL WAY.COUNTY OF KING,STATE OF WASHINGTON E r8f��y,)PR 1 PA l E___lL_® CITY aF FEDERAL WAY LILE NO 1I 104' 041 98-00-SU informed an survey IM DATA SW;/'I OF THE NE 1/4 OFSECHON 7,T21N,R4E,WK,KING COO.A,WA SHL P06u5137 57.137 MIRROR LAKE HIGHLAND HR.L MCCAFFREY 2 Pe:2,13-62-070 604 312TH ST SW 1 4 FEDERAL WAY WA OF -r' i iii rArnFv 8 -- -- MCCAW-170817T PLAT 15 MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA TRACT NOTES EASEMENTS AND EXCEPTIONS TRACT A: 1.EASEMENT GRANTED TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY,A WASHINGTON CORPORATION,AS MORE FULLY SET FORTH IN THE DOCUMENT RECORDED AS INSTRUMENT NO 5522637 INGRESS,EGRESS,PARKING,GARAGES,DRAINAGE FACILITIES,UTILITIES,OPEN SPACE AND COMMONS (MDT SHOWN ON SURVEY,BLANKET IN NATURE) BUILDING TRACT IS ESTABLISHED FOR THE BENEFIT OF THE OWNERS OF LOT 1 THROUGH 16.ALL CONVEYANCES OF LOTS IN THIS PUT MUST CONTAIN A 1/16 JOINT OWNERSHIP INTEREST IN TRACE A 2 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: FOR OWNERSHIP AND MAINTENANCE PURPOSES.THE COST OF MAINTENANCE,REPAIRS,OR GRANTEE LAME14AWN SEWER DISTRICT,A THEREOF'. FO CORPORATION RECONSTRUCTION Of THESE ELEMENTS USED IN COMMON SHALL BE BORNE IN EOLWL SHARES.TRACT PURPOSE: SEWER MAWS A SHALL NOT BE FURTHER SUBOMDED.MAY NOT BE DEVELOPED WITH ANY ADDITIONAL BUILDINGS OR AREA AFFECTED:A PORTION OF PARCEL A OF A PORTION OF SAO PREMISES 07HER STRUCTURES EXCEPT AS MAY BE APPROVED BY THE CITY FOR RECREATIONAL PURPOSES ONLY RECOROEO: JUNE 14,1978 FOR THE BENEFIT OF THE HOMEOWNERS, AND MAY NOT BE USED FOR FINANCIAL GAIN.THE RECOROWC NO: ]806140899 COVENANTS HEREIN SHALLRUH WITH THE LAND AND SWILL FOREVER BE BINDING UPON ALL PARTIES, (NOT SHOWN ON SURVEY,ADJACENT TO LAKE) THEIR HEIRS,SUCCESSORS AND ASSIGNS. PERVIOUS ASPHALT DRIVEWAY IS A KEY COMPONENT OF THE DRAINAGE SYSTEM ANO MUST BE ]-EASEMENT AND THE TERMS AND CONDITIONS THEREOF: REGULARLY MAINTAINED PER THE MAINTENANCE REQUIREMENTS OUTLINE IN THE DECLARATION OF PURPOSE: LAKE ACCESS COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMP'S,RECORDING AREA AFFECTED:A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES AND THE CCRR'S,RECORDING M RECORDING NO. 20010619000739 THE CITY SHALL HAVE THE NIGHT TO ENTER,INSPECT,AND REPAIR THE PERVIOUS PAVEMENT,AT THE (NOT SHOWN ON SURVEY,EASEMENT IS SOUTH OF SW 312TH ST) EXPENSE OF THE OWNERS,IF THE PAVEMENT IS NOT MAINTAINOO IN A FUNCTIONING MANNER, APPROVAL FROM THE CITY OF FEDERAL WAY PUBUC WORKS DIRECTOR MUST BE OBTAINED PRIOR TO 0.SELLERS NOTICE OF ON-SIZE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS IMPOSED BY REMOVAL OF THE PERVIOUS PAVEMENT INSTRUMENT RECORDED,UNDER RECORDING 140.200513211001039. TWO SEPARATE'EASEMENT AREASARE DEFINED WITHIN TRACT A TO DESIGNATE THE SPECIFIC USES (COVERS:PARCEL A) ALLOWED IN EACH AREA THESE EASEMENT AREAS ARE SUBJECT TO ALL CONDITIONS STATED ABOVE. (NOT SHOWN ON SURVEY,AFFECTS PARCEL A) EASEMENT'A'OF TRACT A—ALLOWS INGRESS,EGRESS,UTILITIES,DRAINAGE FACILITIES,POROUS 5,ME ASPHALT ROADS,OPEN PARKING AND ENCLOSED GARAGE USES WHEN NECESSARY TO REPAIR. REMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: CORDED: APRT 12,2007 RECONSTRUCT,OR MAINTAIN THESE ELEMENTS THE PROPERTY OWNERS SMALL HAVE A RIGHT OF REC=NG NO.: 20070412000601 ENTRY FOR THAT PURPOSE.THE PRIVATE ACCESS AND UITUTY PORTION OF THE AREA SHALL REMAIN pEGARDIN&BOUNDARY UNE ADJUSTMENTS OPEN AND UNOBSTRUCTED AT ALL TIMES FOR EMERGENCY AND PUBUC SERVICES VEHICLES.THERE WILL BE A MAXIMUM OF 5 GARAGES CONTAINING 14 INTERIOR PAINTING SPACES THERE WILL BE A (NOT SHOWN ON SURVEY,AFFECTS PARCELS A.B,C,AND 0) MAXIMUM OF 16 EXTERIOR PARKING SPACES.. EASEMENT'B'OF TRACT A-ALLOWS OPEN SPACE,OPEN SPACE AMENITIES.UTNIIES,DRAINAGE S.QUITCLAIM DEEDS CLEARING TITLE RE ACCESS RIGHTS AND THE TETRAS AND CONDITIONS THEREOF: FACILRIES.AND A 580 SWAB FOOT COMMONS BUILLANC.WHEN NECESSARY TO REPAIR, RECORDED: APRIL 12.2007 RECONSTRUCT.OR MAINTAIN THESE ELEMENTS THE PROPERTY OMENS SHALL HAVE A RIGHT OF RECORDING NO.: 20070412000602,20070412000607 AND 20070412000504, ENTRY FOR THAT PURPOSE REGARDING:DENIES RIGHTS OF ACCESS AND EASEMENTS AS STATED HEREIN (NOT SHOWN CN SURVEY.AFFECTS PARCEL A) THE OPEN SPACE TRACT IS TO BE OWNED IN COMMON AND MAINTAINED BY PROPERTY OWNERS OF LOTS 1-IES.AND REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THIS TRACT 7,LACK OF A RECORDED MEANS OF INGRESS AND EGRESS 711 A PUBLIC ROAD FROM THE LAND. SHALL BE PROHIBITED EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS AND AS APPROVED BY THE CITY DEPARTMENT OF COMMUNITY DEVELOPMENT. (COVERS:PARCELS B.C.D AND E) (CANT BE SHOWN W SURVEY) TRACTS B THROUGH E: II-EASEMENT AGREEMENTS AND THE TERMS AND CONDITIONS THEREOF: TRACTS BTHROUGH E ARE RAIN GARDEN TRACTS,RAIN GARDENS ARE A KEY COMPONENT OF THE RECORDED: NOVEMBER B.2007 DRAINAGE SYSTEM AND MUST BE REGULARLY MAINTAINED PER THE MAINTENANCE AND INSPECTION OF RECORDING NOS:2110711013001180,20071108001181.200711D11=192,2007110800118.7,20071108001194, FLOW CONTROL BMPS.RECORDING If AND THE CC&R'S,RECORDING FD07110800iII15.AND 20 0 711 0 8 0 0118 6 r REGARDING:USE OF THE WESTERLY PORTON OF PARCEL A (SHOWN ON SURVEY,AFFECTS PARCELS A,B,GD,AND E. THE COST OF MAINTENANCE,REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE STORM SYSTEM USED IN COMMON SHALL BE BORNE IN EQUAL SHARES AND WHEN NECESSARY TO REPAIR,CLEAN OR RECONSTRUCT THE STORM SYSTEM,THE OWNERS SHALE HAVE THE RIGHT OF ENTRY FOR THAT g-EASDAENT GRANTED TO PLIGHT SOUND ENERGY INCSHIN INC,A WASHINGTON CORPORATION,AS MORE FULLY SET FORTH E PURPOSE.THE CITY SHALL HAVE THESE SAME RIGHTS TO ENTER AND REPAIR THE RAINGARDENS.AT IN TH DOCUMENT RECORDED AS INSTRUMENT N0.20110SHIN 244. THE EXPENSE OF THE OWNERS,IF THE RNTS NGAROEARE NOT MAINTAINED IN A FUNCTIONING (MDT SHOWN ON SURVEY.EASEMENT IS 10 FEET IN WIDTH BEING 5 FEET ON EACH SIDE OF THE CONSTRUCTED MANNER.THE REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THESE TRACTS. UFS EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF OGSINID PLANTINGS AND AS APPROVED BY TIE CITY,IS PROHIBITED TRACT X: TRACT X IS A PRIVATE RNGRESSfF.GRESS AND UTILITY TRACT.ALL CONVEYANCES OF LOTS IN THIS PLAT MUST CONTAIN A I/15 JOWT OFNO SHP INIETBST IN TRACT A FOR OWNERSHIP ANO MAINTENANCE PURPOSES,THE COST OF MAINTENANCE.REPAIRS,OR RECONSTRUCTION OF THESE ELEMENTS USED IN COMMON SHALL BE BORNE IN EOUAL SHARES,EGB(ENL1O.31LRIDPd11E BwT X. OWNERS HEREBY COVENANTS AND AGREES,FOR ITSELF,ITS SUCCESSORS,GRANTEES,AND ASSIGNS, TODEDICATE TRACT'X'TO THE CITY OF FEDERAL WAY FOR RIGHT-OF-WAY AND STREET PURPOSES AT SUCH TIME AS WE CITY DETERMINES IN ITS DISCRETION THAT TRACT-('IS NEED FOR THESE PURPOSES.A STATUTORY WARRANTY DEED IN A FORM ACCEPTABLE TO THE CITY AND CONVEYING TRACT-A'TO THE CITY SHALL BE EXECUTED BY THE GRANTOR,DS SUCCESSORS.GRANTEES.OR ASSIGNS,AND SHALL BE DELIVERED TO THE CITY UPON DEMAND. EXHTRIT PACE-1-OF OF FEDERAL WAY VILE informed an survey K6VGrlllavY SHL POe,WA MIRROR LAKE HIGHLAND i r C Y—W—FI'41Q7 BILI.G9CCA(FRtiY ? Y� PAD,IF 25W72070 604 312TH ST SW FEDERAL WAY WA OF 1 II ,T UL"Ll-22 Ota AaH _e1840 8 MCCAW-170817 PLAT7L Fi7 7A L.7 fG[.Ail/ /f(T 1:'.. T 16 MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH UNE SHEET.S -- - L29 08 H aCs435.41 17.4=' LINE TABLE ADDRESSES Loi Y ADDRESS d OL26 1 31116-6TH LANE SOUTH ST ti 0 ] ± I 2 31114-6TH LANE SOUTHWEST $ a I ;4a 44 3 4S 1 97 3 ]ts- 001 LANE SOUTHWEST }1 4 ]I L.. 6TH LANE SOUTHWEST LOT 5 p. 3 CA Y s 1100 6TH LANE SOUTHWEST Q a3 )I 8 1 D7 In,LANE SOUTHWEST Q 2,2951 SF e IS h4 9 4 7 31 VO 1,91 LANE SOUTHWEST n fil 1 :ryl LANE SOUTHWESTJ ltl9 ]WB "Id LANE SOUTHWESTG "'{ 10 5!k O1 UNE SOUTHWEST11 1 7III LANE SOUTHWEST12 3 -t,IH LANE SOUTHWEST 13 101 5111 LANE SOUTHWEST 11 d S h 14 30913-6TH LANE SOUTHWEST IS H ROI LANE SOUTHWEST u L(t ty BK ]; w 4)• 16 JI)! 1101 LANE SOUTHWEST ITT �di 31T nl N aC74'J,S"W 48.11' ..1. 7'. N B6 S 9 i Y 2TY ea SW-1-4y- -, VJ o IV 17 8B 0 fi n S,0'EASEMENT AfN W LOT 4 r Y 20071 TOlmim 1,8994 SF 4 r r t L 15 01 REFERENCES v Les J �i!dY 53 n R b5 I I 4 r N 89 a R rol 1)ROS BY AXR,AFN 9406270.705 L 1 S 2wI W 1 2)PUT OF HOWELL ADDITION,AFN 252236 L J JY 9N 6 3)ROS BY STEPAN&ASSC,INC,AFN 8504230132 _ ^ �1 SL ' 4 f 4)ROS BY ASSOCIATES LAND SURVEYING.AFN 200012145005 N 68'84'37`W 53.50'. I,5 1 BLT't ? W 1543 w r S TIS JY 1}1 f l fi 3 � I d5 ii 1 a BASIS OF BEARINGSm' 5 Js�1' 6 5 so'ay�7• Q LOT 3 WASNA'GTDN STATE PUN&NORTH PONE,NAD 2.3004 SF �f t] wTaA BJ/91 BARD ON MONUMENTS FOUND ON SW 1 f 1 4S}A ! L tS 312TH Sr AT INTERSECTIONS OF BIN AYE 6 (\ 3..d 1ST AW BEARING N a9`08102'02'W. w w i. 7 rf• ` 0 i_ IS 6 6y �'. 5 G•_— D%% 41.1 ' 6' 4287' II F r Y AN Si WiI�'.�i' LEGEND +86'S4'AS'E 11776' • SET 1/2'REBAR&CAP EMW LS/44651 (DATE SET��_) TRACT B 1,7344 SF M nsx:ar,•,. . W 118'54'05's 41.BC We CURVE TABLE TN m� rnrx x n e 1q�n TnLnl r �« I r 4 rl i oa ftT"t D 1T j}a -lLff Ir LOT 1 9 L 1 aA SS YY9f�J}`rf 17''« 2,6404 SF ` S.OD' INGRESS,EGRESS EASEMENT I LOT 2 2,5734 SF TRACT TABLE ILN'I' FE4. IILiN _ SUIl1Y:ACT t w �� gIRV11F 431E /F R1'r•G;lJif.;rlFS. PM117N I L .a9' I rj.Lt,w v'. +1.::.1 IVES,.:Aiv Gr I S, IJ:'k'fI .'iPA('E, 5,512 O5 UlYLUl':G.OPN $f'A!.;L AL1LIi kill•.� t3M1111l11,3!I, lDFtJj1,7:;: G4. !' F_ []LTM OIY (.A.I,L:lJt[Y}:; i,71D pw516•ar K UTURf OED;".,v,Cru As P,Ulc RIGHT 1Fw'Y 5-%4t —..—_._. TOTAL TRgL?AR=h 4]_057 NF.'T Pi AT AREA; 5,.74[1_ OPEN SPACE ".Do- 8,000 S.F.OF OPEN SPACE REOIARED w 11.015 7,1 S.F. (EASEMENT AREA'B;SEE TRACT'q'NOTES) q qT�/ +I,734 Sr. (TRACT B) SW 47�L I n_�E� +I,J70 SF. (TRACT C) +791 S.F. (TRACT 0) fA109 SI... ACI'EI R/W FOR]12TH STREET 16,0!9 S.F. (TOTAL OPEN SPACE) SHOWN PER R/W SUR4EY MAP/R-21-4-1 _ 36.00' ■ P 1 9 1� FOUND BRASSIE O - PA !. lE :-'•:I�:;:r: SW 312TH ST& 8TH AVE SW ntt 5'k VISITED 4-17-2007 ~- EI; —W' 549 20' �= I.•.. IO 20 b 1318.87' ':L'.r•1'.•:—.. _. —_ ... ;,f _..� .._ I' 20 FEET r z inTorCi'e ;and survey ,, PoBa5137IJ7 MIRROR LAKE HIGHLAND 610.MCCAf---r- r q Ph-2SIVAITAI 604 312TH ST SW F ,.,w=rs1 dsurveyaxn F��Rai w�v wa of JN _ Q MCCAW-170817 PLAT e f]A Pf TTI 1"7!A tlr3 M1L )SrlAl:'r c�BIF L1L.D0.r c+rtiG-MAS'-ul dG C.,::STFWu CI•�IYCJ "-;Lf 7' 7U' 17 MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T2 1 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA LINE TABLE MArcu ONE SHEET a - BASIS OF BEARINGS _T7_WASNlNCT(xJ STATE PiANC NDRDI ZONE;NAD f l L J fw ry'} T 0J/9I RASED ON MONUMENTS FOUND ON SW I ; S gaDi1S'r 10.52' JIPTN ST AT INIERSECDONS OF BBN AVE h 5 5 5 L: ;IwwG N B9l'M'OA'w - 4` 55'EASEMENT M "I FUTURE Il .� ]I�� 200]1 IOIVJ01183 n CAfLAGE r Ilt �1 i1 11G' s d 3 w tl n0 a n 114 ,I v 6 z a � FIRE DEPT. EASEMENT A $ c ,55 ; REFERENCES N � j TURN-AROUND Mpg�) n ;z t Srf (S LO 1)ROS BY AHR,ARJ 9406270305 4 4 A 5n=9 ! 2)PLAT OF NOWILL ADDITION,AFN 252236 0 3)ROS BY STEPAN k AM.INC,AFN 8504230132 ; 5 I rias 5 5 5501 q)ROS BY ASSOCIATES LAND SURVEYING,AFN 200012145005 11111E M1d Sw' 9 s GARAGE 1�7 f AN. q .- ((I 1 1 i s 5 IS tlfrx'35'E waa !I: I D !Tw I 9 f-,- 1r - -"! 4� ID - OLD lDF LMIE(ryV.� `t1 LEGENO 7 f EXISTING 'y,I LOT 9 18 '4 } S P 2,1725 SF n .! _i x N w, • SET 172•REBAR k CAP EIAW LS 044651 (DATE SEF ��E M n g i hA i): � I n r. 01} JS 1.50 n A ; Lw f e s w F3 a s 0 r y� S 68'x']5•E Y�.pD' 5,0'EASEMENT ` 7 200711GlOOf v IfTRACT D L36 791±SF IfI Loh M.49' IL CURVE TABLE Bssi35 w 40.50' AW r'}.yT1TRA 1TLA A R mAe_11T'- M1"_':�, I OLD LOT LME — '�� I„t. 4i ( LOT S IS 5... _ , ( 1,1109*SF 4_T�'0.i 71�1p2,aD13,.15?1'i' N oi'iI ra TRACT TABLE v g F_ A 'R l dhii I LOT 7 Ioo IRA r1 E EA( IF ,.AIkA f (ii N SPACE 5,512 A / I 1,933*SF N A t! 111 7 f a t!J F A-E IlYrNITIES .+! L35 \ rouLA? fa.:, hlra _ 11, -� 1p y 11 r� LOM6Lf@! Rrilf.1B'1F r` 11 CC1.d AOh UA'Nr.ARL.I! 1791 moi ' J -F. COMMON AA 11 n ip..Y! 1s• i _ _ H __—_ r }_J LR DF IL_4l1 Pi U "'.!R I(' R HT: W1 '.3,541 P L33 AD 3V 8,1'] 50'EASEMMT nl', r�. +'L AR 1I 3 740 2DD]t ir,+!:+.••T• o i,✓•r .,1.1• BO 597 yr l ExISTING : ■I LOT 6 (_ GARAGE 2.111383 SF S 8� In — N I _J L30 S 6DSd';�E 36.25' 7EXI TRACT C $ UG SALE - _ �� MATCH UNE suErriZE- 2COF ,D%T CITY OF FEDERAL WAY FILE ND.I6-104196-00—SU informed land survey INDIXOATA' SW 1/4 OF THE NE 1/4 OF SECTION 7,T21N,N4E,LYM,KING COUNt), WA SHT X 5WAr'�,7/-0137 MIRROR LAKE HIGHLAND 8ILL MCCAFFREY 5 f1 l.. PAa k 253627-2070 604 312TH ST SW i; ""'°” JR.IFrE ..5 ancKeorfv FEDERAL. WAV WA OF -- -- MCCA W-170817, PLAT 8 t AI!' 2]777NT,R ;f?0 J9 7 LCAW1'QIJ17 lhNw^ F`.Y.,� ':i•MAMNO,•.Oti+iF.r. +).to 1'fl'Ji L17l.E J 18 WL/P0 MIRROR LADE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA LINE TABLE a' f l.I E�1 G--- Ayres. t, BASIS OF BEARINGS WASHINGTON SPATE PLANE,NORM ZQY[NAD h 1S 9 '- 812 BASED ON MONUMENTS/S FOUND ON SW 5 L] 5 ¢T! IST AVEST EA INTERSECTIONS N 89U8'0 OF BM AVE h �J Vt i 4 IST ABEARING N 8998'02-W. 11 4 At IJT 41F - 4 ne j REFERENCES L)T 1)ROS BY ANO,AM94062]0105 i f � -T f4 2)PUT OF HOWELL ADDITION,AM 252236 ' J)ROS BY STEP- AM4 ASSC,INC,A 85042/0172 f+ 4)ROS BY ASSOCIATES LAND SURVEYING,AM 200012145005 L3 S Nd s .... LS 11 I a:. 1 "_ W--.111--...} 1 70 I �5 1D J>7 ,s 4 i LEGEND I4 =Cd +r .. ii?+] • SET 1/2-REBAR k CAP EMW LS 044651(DATE SET Q s ., ays 0 - 1 55 witr`,ri L 1�n 1 'S x "i 4i'.'::'IVF'S .iS�.C.•'3�ti'-_... {{N 48 jt FJ Wj].Yi._�� S W42'rY[-C I00.On' 2-00'EASEMENT ARI 2DDT1+De691TaaI LOT 14 I I LOT 13 I 3.8405 SF 1,9704 SF I� CURVE TABLE Q N m r.i Y� � LOT 12 �o 'R. Hit W tl 6 ]w I 1.9783 SF I n TRACT TABLE M i W w RACT SC. ON UAW FET 3 av A RRMAIE 571GP,ESS/F GRE$$,LIi ILlfIES,PoxrNG w S A8'S4'3 V'p G ,INA4f IAC I111F5 lihRAG y -P:N_ �, 5,512 ` S .34'37 E 38.19 :s '4.I�' (7r dui I.'•I rr P!N PA 1 Af't T fr U �.0 11µ0 FN tifrL.lfFrl 1�5 � � � r C ILO A4I I^t TP F AR J -... j._.' ]10 0 IL ANL N RAN(WUlN !"+ '! `_ E f.`nuM r a�irARn N s �+ LOT 11 T E.,ITu7F Lr O:r AT Ok AS'•'+�tzl If' k['I"T Ll4 uA 7.501 2.2864 SF iU M1 f1TA f A4l I F< 1 I LOT $5 - LO NE -- .^7O T u J _ vL Po rICAI s r4 s,_;aa y .: .. 44.13' 40.50 `J M ,,rl TRACT E 'i 0A'Sa'.ry'W 52.1111 {� 1.1094 SF S 88'9431 E LOT 16 I F, A s:•.rs' 1A} 2,0583 SF I r A2001'AM10807 __.. - JE01j "� , IT- 6 p H 8$1 t5 W •, " h GRAPHIC SCALE EASEMENT . PAGE (SEE SHEET S F n I TRACT A NOTES) 10 20 40 1' 20 FEET M4 rCN LINE SHEET 5 CITY OF FEDERAL WAY FILE N0.18-104198-OD-Sll informed land survey INDIXDATAr �{ SW 70 `SFCAON i`.T2 N,RAE.'41 A?.,KING 4;0[Pin,WA $HT. P08ox5137kI I" 137 MIRROR LAKE HIGHLAND air L a�recaFFRr+ 6 2&W 7-2070 604 312TH ST SW FLMAC WAY WA OF !)F C. IliIM07B [71277 s27�a�r »v: MCCAW-170817 PLAT 8 _ F 19 4TTt/PG MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH LNVE s BBI LOT 7 r I• I I I� t C I 1 I I I I HI I ml LOT 6 I I LOT 14 LOT 13 300—i T— I C IJ I TRACT C a I I LOT 12 a � I 51 I 5 NUILOT 5 I I I LOT i1 -I I LOT 15 � --1 I I � ml SI W I I ! 18 a I LOT 4 TRACT E i E.17..nB I LOT 16 4 I LOT 3 s _ LOT 10 t I r l of J ai t sGF 3t L 2Ase' I —1 TRACT B 1 0l I 'I X 2 4-5 J �I LOT 2 I LOT 1 I d=1 I 1 a I Tao' I a o —1 f--- I � I w e l 10.0 ! F—s.o' 24.9-- UI ESMT I I of LOT 9 L I i I LAKEHAVEN WATER AND SEWER DISTRICT NOTE 1 L3 AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKE AWN UTUTY DISTRICT AND ITS ACIDIM ESSORS i W _� TRACT D SUCCAND ASSGNB,FOR SO LONG AS IT SHALL OWN MU MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND I �S UPON THE AREA SHOWN ON THE RAT AND DESCRIBED HEREIN AS'WATERUNE EASEMENT'(WE)AND'SANITARY SEWER ] I EASEMENT'(SSE)TO INSTALL MAINTNN,REPLACE,REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR I MIS SUBOYISIGN AND OTHER PROPERTY TOGETHER WIN ME RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIES FORLOT 8 PURPDSES INC� BUILDING, NT THERETO.NO WALL ROCKERY,FEEE NCE.TRS OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PUNTED,NOR SHALL ANY FILL MATERIAL BE PLACED MMIN ME BOUNDARIES OF SAID EASEMENT AREA No EXCAVATION SHALL BE MADE MTNI THREE(3)FEET DF SAID WATER ON SEWER SEANCE FACILITIES AND THE SURFACE LEVEL OE ME �I i DR,WIND WARM ME EASEMENT AREA SNAIL BE MAINTAINED AT 111E ELEVATION AS CURRENTLY EXISTING GRANTOR HEREBY AGREES THAT NO WATER AND/OR SEWER SYSTEM FACRITY OR APPURTENANCE OF ANY KIND SHALL BE CONSTRUCTED ON LOCATED BY GRANTOR.OR ANY THING PARTY ACTING UNDER AUTHORITY OF GRANTOR,WITHIN OR PROXIMATE TO SAID MATCH CINE EASEMENT,UNLESS SUCH INSTALLATION IS APPRONED BY GRANTEE AND IS IN CONFORMANCE WITH ME THEN-CURRENT EDITIONM ME YAl1ER1A FOR SEWAGE WORKS DESIGN'PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY.GRANTOR HEREBY FURTHER AGREES THAT NO OTHER UTIUTY FACILITY OR APPURTENANCE OF ANY KIND,INCLUDING UTUTY SEANCE CONNECTIONS.SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR.OR ANY MIND PARTY ACTING UNDER AUTHORITY OU GRARVIC SCARE GRANTOR,WITHIN THREE FEET(3'),MEASURED HOKIZONTAILY FOR PARALLEL AUGNMENTS,ON MERIN SX INCHES(e1,MEASURED VERTICALLY FOR CROSSING OR PERPENDICULAR ALIGNMENTS,DF ANY PORTON OF ME GRANTEE'S ®— 9 0 15 30 60 FACILITIES GRANTOR ADGOONALLY GRAMS TO ME IAKENAVEN UTILITY DISTRICT AND ITS AGENT;SUCCESSORS AND ASSIGNS ME USE OF SU Oi ADDITIONAL AREA IMMEDIATELY ADJACENT M SAID EASEMENT AREA AS SHALL BE REQUIRED FOR ME CGKSMUCIION,RECONSTRUCTION,MAINTENANCE OPERATION OF SND WRIER OR SEWER FACWTIES ME USE 6 SUCH 1'- JO FELT AODITONAL AREA SHALL BE HELD TO A REASCNAB.F MINIUM AND BE RERURNM TD THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN UTILITY DISTRICT,ITS AGENTS,SUCCESSORS AND ASSIGNS W ADDITION TO ME OER REON THSTRICTIS HEROVE N,GRANTOR SHALL NOT CONY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR M I OF USE OF PROPERTY SUR.ECT TO THE EASEMENT THAT WOULD IMPAIR OR UNIT ME USE BE ME EASEMENT RIGHTS GRANTED HEREIN it^(O�,,(qAl.WAY 01 N0.'"-'a 195.(XlYJ ' informed an survey NDIXDATA.' W A IT , SW 114 OF THE NE 1/4 OF SECTION 7,F2 IN,N 4E.W.M.,KING COUNTY,WA SHL SfVA9 65t 3137 MIRROR LAKE HIGHLAND BILL MCCAFFREY 7 Ph—253.62720M 604 312TH ST SW _ FEDERAL WAY WA OF w„i.° ,+m�awwA,rnnn UpAFJ?"(1,'S!7 GIfEGKE!).fW UA7E'fVf7jW;8 I JOHNO-AXCAW-T79977f MCCAW-170517FLAT B lA`ii15ll!i'uEYPIb•MAPPfNG•CO.45fiFiUC"If?4 LAYOUTf'= r 20 - PACE-4F.�.-- pro:me MIRROR LAKE HIGHLAND SW 1/4 OF THE NE 1/4 OF SECTION 7, T 21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH UNE LOT"" LINE TABLE l3S N 4554']5'W 17.94' 1.,_. IMF` w .P 7 x pf 74 x 46.6T L 5 S d r05 25 W 5.I 7 a O Wi47 l31 1 a 0'� J�t �e s�si 543 i.ri' LOT 6 00 7'I 46"' Ltb 3a 1,,,x11.98 Q � �11 16'9 LOT 14 LI Ona LOT 13 lt7i M IiS� 7 w.1 Db J a'3S' ! "`'h' sa w r EArs1Ns ti Y TR3703ACT SF N 'C R � F135 E C04NON 1, LYT 54'15 W 1.00 S ^+ORia'SS' �° aLya ss OPEN SPACE n 4 r 4 $ TRACT A LOT 12 U p 6 ry 35 a L25, 15�OT 04 1.1 Ov, ~N OB54'JS'W r. iLf ''. -4 W 6I9 a� OPEN SPACE 0�8 LOT 5 3 _d3' 1�"'+.00 LOT 11 m N a s a s r sYs x 1 4 LOT 15 J _ N ♦ M O s A85a'Jq' i1 "�Q 1•G5 S�N 98�Y�v L2 lO.sa X L.4i —bi'a3'1 w 1 z1 TRAM sv S ddP$"f�4>♦ 1 OPEN SPACE LOT 4 44 wis in i"A}". Ir • 4f s ars 5a 3s c 3 5b LOT 16 - s eeSA 35 E m+y-b 17 N �s'SS_W b - T n vni Y 66`54"33'E 6 II LOT 3 LOT 10 rA)p) 31 17" Ni S b0'Sa 35 C 93 25 OPEN TRACT 8 g a uACE 1.734:u 41.76 X '1 N WWW f OPEN VAC1.N Lao F N pry5a'35'N F LOT 2 LOT 1 a Eat fs � e� LOT 9 �c USA Q S 6FSa'35'£ I5 W TRACT o OPCN SPACE �_e J MI2 SY t li ~ 10 ay' 1 5 ad5t 35 C CURVE TABLE LOT a �,,:�r;-4��'S{nn1 RF.,D 1•+r�—r�r I nz�prna 7r Z� L'1i?� � PATCH UNE Ts f5 GRAPHIC SCAIE 0 IS JO 60 ) - J'O FEET CITY OF FEDERAL WAY FILE NO.16-104190-ao--SU informed land survey INDIXDATA' 1 y,i11r�s,-� f SW 1/4 OF THE NE I/4OFSECTIDN7.f21N.84E.WK.KING COUNTY.WA SHT. r: PO6.a 5IJ7 MIRROR LAKE HIGHLAND BILL MCCAFFREY 8 1nA»'l) YYA AK 137 s, PAone:.SThI ti a 604 312TH ST SW FEDERAL WAY WA OF -im'S�Y�i T -� 1 LUT tF'r Ff7,�R Curl artlt - (7A7E 7r r Tfo ^r MCCAW-170817, PLAT 8 Pl"n LAh'i,VR.t rl'.': M1!L914i bir..:l IA;C•1 ,iiF 1 .ot --- -. .- 21 PACE -OF� U N ti :07 v A CL c Ic o E- C Y 'a rn L C 0D 4) LL © a CD c 7!1 N r- � t {fid 4-0 T r cu Jc co 40" _ 4 s - - _.` 1 / , i 7 IL i I .l PAGE 22 RESOLUTION NO.08-535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING MIRROR LAKE HIGHLAND COTTAGES PRELIMINARY PLAT, FEDERAL WAY FILE NO.07-106874-00 SU. WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that authorized cottage housing projects on a demonstration project basis;and WHEREAS, the 16-unit cottage housing project known as Mirror Lake Highland Cottages, designed by owner William J. McCaffrey, was selected by the Cottage Housing Selection Committee to advance forward as a demonstration cottage housing project subject to certain conditions;and WHEREAS, the owner applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Mirror Lake Highland Cottages, consisting of 1.85 acres into sixteen (16) single-family residential lots of cottage housing located on the northeast corner of SW 312`h Street at 6 h Place SW; and WHEREAS, on April 16, 2008, 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 September 26, 2008, held a public hearing concerning Mirror Lake Highland Cottages preliminary plat; and WHEREAS, following the conclusion of said hearing, on October 10, 2008, the Federal Way Hearing Examiner issued a written Findings of Fact, Conclusions of Law and Recommendation containing findings and conclusions, and recommending approval of Mirror Lake Highland Cottages preliminary plat subject to conditions set forth therein;and Resolution No. 08-535 Page I of4 EXH I R IT 23 PAGE..._l__QF` - WHEREAS, at the public hearing, the Federal Way Hearing Examiner received from City Staff revisions to its September 19, 2008 Staff Report that had previously been submitted to the Hearing Examiner which clarified and corrected the Staff Report's recommended conditions#1 and#10;and WHEREAS, these revisions were not incorporated into the Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation;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 October 20, 2008, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Mirror Lake Highland Cottages preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes,and voted to forward a recommendation for approval of the proposed Mirror Lake Highland Cottages preliminary plat to the full City Council;and WHEREAS, on November 4, 2008, the City Council considered the record and the Hearing Examiner recommendation on Mirror Lake Highland Cottages preliminary plat,pursuant to Chapter 20 of Federal Way City Code,Chapter 58.17 RCW,and all other applicable City codes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's October 10, 2008, Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and 3 incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council subject to the following: the revisions to the conclusions, attached hereto as Exhibit B and incorporated by this reference, which were part of the record before the Hearing Examiner, are hereby adopted. Any fording deemed to be a conclusion, and any conclusion deemed to be a finding, shall be Resolution No. 08-535 Page 2 of 4 C Y 24 ©AGE—,2-20E--Y� treated as such. 2. Based on, inter alfa, 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 fi-om school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the City Council's Findings of Fact and Conclusions as set forth in Section 1 above, the Mirror Lake Highland Cottages preliminary plat,Federal Way File No.07-106874-00-SU,is hereby approved. 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 Resolution No. 08-535 Page 3 of 4 PAGE--3--OF 25 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification.Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. 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 41" DAY OF NOVEMBER,2008. CITY OF FEDERAL WAY QX� AY R,7AC DOVE ATTEST: 1 � '1 ' CITY CLERIC,CA140L CNEILLY APPROVED AS To FORM: CITY ATTORNEY,PATRICIA A.RICHARDSON FILED WITH THE CITY CLERK: 10-28-2008 PASSED BY THE CITY COUNCIL: 11-04-2008 RESOLUTION NO. 08-535 EXHIRIT Resolution No. 08-535 Page4&4 PAGE. -- 26 V.LVa BIDV83AOO 311S Pug SV3HV OMMI E)NisnOH B,DV LOO LML aIVO enAs wi-Limns 3V4OH 30V.LLOO -munns au3 VMAVM IVUH03:j Via re. an ro IS 4394E MS V09 ONWIMOIN 33M UOUMIN SAOSV 33S 3N11 I 0 5r 9 5r N �:t�*, cl V- c cm 71- it, Lo : 0 < 0 z U) CL - ------ 7 E 0 cn E ui -k 0 5r 5F 5r MM W, m 0 cu ir ff 5r V- 1.5 1D 0 co: ma < 47 0 E 0 C: C, E R (n E I LAJ 0 0 -af 2 -4, Z1, All MOBS 33S 3NIIHOiM CO Btl) 0 aL E 11 0 o U- ui q, LL E >b 0 a- (L EXHIRIT--.�_ 0 27 PAGE---L-OF RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Final Plat, Federal Way, Washington, File No. 18-104198-00-SU. WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that authorized cottage housing projects on a demonstration project basis; and WHEREAS, the 16-unit cottage housing project known as Mirror Lake Highland Cottages, designed by owner William J. McCaffrey, was selected by the Cottage Housing Selection Committee to advance forward as a demonstration cottage housing project subject to certain conditions; and WHEREAS, on September 26, 2008, the Federal Way Hearing Examiner conducted a public hearing on the Mirror Lake Highland Preliminary Plat application resulting in the report and recommendation of the Federal Way Hearing Examiner, dated October 10, 2008; and WHEREAS, the Mirror Lake Highland Preliminary Plat, City of Federal Way File No. 07-106874-00-SU, was approved subject to conditions on November 4, 2008, by Federal Way City Council Resolution No. 08-535, which adopted the Hearing Examiner's findings and conclusions subject to revisions identified as Exhibit B Corrections to the Staff Report Entered into the Record on September 26, 2008; and WHEREAS, prior to the expiration of the preliminary plat approval, the Community Development Department approved extensions to the preliminary plat approval, dated August 8, 2014 and November 3, 2017; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 08-535 and the conditions of the plat approval extensions; and EXK91T---L_ Resolution No. 19- ��}} }} Mtge I of 5 PAGE Rev 6/17 28 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 Community Development Department Staff Report, dated January 7, 2019, 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 Mirror Lake Highland Final Plat during its meeting on January 7, 2019; and WHEREAS, the City Council reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during the City Council's regular meeting on January 15, 2019. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198-00- 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 January 7, 2019, 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, Resolution No. 19- 1—F P I .I T F: Page 2 of 5 PAGE O F S' Rev b117 29 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. 08-535, dated November 4, 2008, have been satisfied, and/or satisfaction of the conditions have been 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 Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198- 00-SU, is approved as identified in the January 7, 2019 staff report. 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 E H9RIT E Resolution No. 19- Fray C Page 3 of 17 U LN Rev 6117 PA 3 0 ��AAA 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 G. 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_ [Signature Page Follows] Resolution No. 19- Page ITPage 4 of 5 ---f—f�� Rev 6/17 3,PAGE__�d_ OF ,.z 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. 19- X I _ Page 5 of S PAGE-2 .. Rev 6117 32 COUNCIL MEETING DATE: January 15, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:BROOK LAKE CENTER CONNECTOR TRAIL AT WEST HYLEBOS WETLANDS PARK—85%DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 7,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Project Engineer ) EPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated January 7, 2019 Options Considered: 1. Authorize staff to complete the design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park 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 January 15, 2019 City Council Consent Agen"r approval. MAYOR APPROVAL: / . �ECTOR APPROVAL: 7A 1 l6 Cnnu tree Council [nitiallDatc f nii t a U Dnte InitiallDate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 15, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff'to complete design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park and return to LUTC and Council for bid award, ,further reports, and authorization." (BELOW TO BE COMPLETED BY CITY CLE'RK'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# 33 CITY OF FEDERAL WAY MEMORANDUM DATE: January 7, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director`� � FROM: John Mulkey, P.E., Street Systems Project Engineer SUBJECT: Brook Lake Center Connector Trail at West Hylebos Wetlands Park 85%Design Report and Authorization to Bid FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the 2019/2020 Surface Water Management (SWM) CIP budget (304, Project 284). In accordance with the approved budget this project is funded by SWM Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Parks Department maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. PROJECT ESTIMATED EXPENDITURES: Design $44,201 Construction $155,272 10% Construction Contingency $15,527 Construction Management $10,000 Total Project Costs $225,000 AVAILABLE FUNDING: SWM CIP Funds $225,000 Total Project Funding $225,000 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 SWM's 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. 34 January 7,2019 Land Use and Transportation Committee Brook Lake Center Connector Trail at West Hylebos Wetlands Park 85%Design Report and Authorization to Bid Page 2 The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks. • Topographic survey • Project Design to 85% • Joint Aquatic Resources Permit Application (JARPA) and Hydraulic Permit Approval (HPA) Ongoing tasks include: • Contract specifications to 100% • Project design to 100% Staff are requesting authorization to bid at this time as the project has a deadline of April 26, 2019 for completion of construction, and retuning to LUTC and Council for 100% design costs would impact the ability to complete the work by that deadline. The Project costs are not expected to increase substantially and stay within the expected budget. 35 This page left blank intentionally. 36 COUNCIL MEETING DATE: January 15, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MASTER LIGHTING SERVICES AGREEMENT—PSE-PHASE 1 POLICY QUESTION: Should Council authorize the Mayor to execute the Master Lighting Services Agreement and associated Task Order with Puget Sound Energy(PSE)to complete the LED street light conversion of approximately 2,400 cobra head street lights? COMMITTEE: Land-Use and Transportation MEETING DATE: January 7,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik I'rcston, P.E., Senior Traffic Engincel DEPT: Public Works Attachments: Committee Memo dated January,7,2019 Options Considered: 1) Authorize the Mayor to execute the Master Lighting Services Agreement and associated Task Order with PSE. 2) Do not authorize the Mayor to execute the agreement and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. 01%MAYOR APPROVAL: / r ;/ vy DIRECTOR APPROVAL: A/11211100 Coi ttee Council T Initial/Date Initial/pate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 15, 2019 City Council consent agenda for approval. Mark Koppang,Committee Chair Jesse Johnson.Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign and execute the Master Lighting Services Agreement and associated Task Order with PSE." (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# 37 CITY OF FEDERAL WAY MEMORANDUM DATE: January 7,2019 TO: Land Use and Transportation Committee VIA: Jim Fcrrcl 1, Mayor FROM: EJ Walsh, P.F., Public Works Director `z/, Erik Preston, P.E., Senior Traffic Engineer 95 SUBJECT: Master Lighting Services Agreement—Puget Sound Energy LED Street Light Conversion Project—Ph. 1 FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the transportation capital fund (306). In accordance with the approved budget this project is funded by a grant from the Washington State Department of Commerce in the amount of$350,000 and an interfund loan of$3,150,000.00. The interfund loan is projected to be paid back from the energy savings over a seven to ten (7-10) year period. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project will replace all existing streetlights throughout the City from the current High-Pressure Sodium (HPS) technology to the more efficient Light-Emitting Diode (LED) technology. LED streetlights use far less energy than HPS streetlights to produce the same lighting levels and also provide a higher quality light that improves color recognition. This conversion should produce significant energy savings while also improving public safety. The City will also acquire a control system for the City-owned and -maintained lights to improve maintenance operations by managing streetlight assets and implement dimming strategies. Such a system will allow City staff to respond immediately to streetlight outages and knockdowns without having to wait for a member of the public to notify staff of the outage. Project Scope and Costs The project will be done in two phases. The City-owned lights will be completed through Energy Savings Contracting (ESCO) which was awarded to Ameresco in 2017. The Puget Sound Energy (PSE) owned and maintained lights will be completed through a separate agreement with PSE. The estimated replacement costs are as follows: Estimated Estimated TOTAL Replacement Qty. Cost* City Owned & Maintained Cobra heads(incl. controls) 1,820 $2,080,000 City Owned & Maintained Decorative (incl. controls) 400 $480,000 PSE Owned & Maintained (Schedule 53)—cobra heads 2,400 $182,917 PSE Owned & Maintained (Schedule 53)—post top 320 $220,000 $2,962,917 *Includes design and construction engineering. 38 Land Use and Transportation Committee Master Lighting Services Agreement—Puget Sound Energy LED Street Light Conversion Project—Ph. 1 January 7,2019 Page 2 of 2 The following provides a brief synopsis of the progress on this project to date. Completed tasks: • Completed GIS inventory of all City-owned streetlights • Selected streetlight control system(ConnectWorks by CIMCON) • Selected a street light fixture (EATON cobra heads)and completed lighting level design. • Ordered street lights. Ongoing tasks include: • Finalize Master Lighting Services Agreement and Task orders with PSE for PSE-owned street light conversion. • Finalize rebate agreement with PSE for City-owned street lights. Future Tasks include: • Purchase, and install control system • Construction/Conversion of cobra head and decorative streetlights PROJECT SCHEDULE Execute PSE Agreement January 2019 Begin Construction/Conversion to LED and Control System installation January 2019 Finish Construction/Conversion to LED(City-owned) March 2019 Finish Construction/Conversion to LED(PSE-owned) September 2019 PROJECT ESTIMATED EXPENDITURES: Design&Construction $3,000,000 Contingency $240,000 TOTAL PROJECT COSTS $3,240,000 AVAILABLE FUNDING: City Interfund Loan $3,150,000 Energy Efficiency Grant(State DOC) $350,000 TOTAL AVAILABLE BUDGET $3,500,000 Current Request Staff is requesting City Council to authorize the Mayor to execute the Master Lighting Services Agreement and associated Task Order for PSE to complete the LED street light conversion of approximately 2,400 cobra head street lights. Staff will return within a few months for execution of an additional Task Order for PSE to complete the LED conversion of approximately 320 post top/decorative street lights. 39 MASTER LIGHTING SERVICES AGREEMENT NO. 47 This Master Lighting Services Agreement (this "Agreement") is made effective as of (the "Effective Date"), by and between Puget Sound Energy, Inc. ("PSE"), and The City of Federal Way("Customer") (each a"Party," and collectively the"Parties"). RECITALS A. PSE is in the business of, among other things, providing custom lighting services ("Lighting Services") under and pursuant to Schedule 51, Schedule 52, Schedule 53 and/or any other applicable schedule included in PSE's Electric Tariff G (each, a "Schedule") on file with the Washington Utilities and Transportation Commission("WUTC"). B. The Customer desires PSE to provide certain Lighting Services to the Customer as set forth in each Custom Street Lighting Order, substantially in the form attached hereto as Exhibit A to this Agreement, entered into by the Parties from time to time during the term of this Agreement that references this Agreement and is signed by both Parties (each, an"Order"). C. PSE is willing to provide such Lighting Services to the Customer subject to and in accordance with the terms and conditions set forth in this Agreement, in the applicable Order and in the associated Schedule. AGREEMENT The Parties, therefore, agree as follows: Section 1. Lighting Services 11 Products and Services. PSE will provide to the Customer the Lighting Services set forth in each Order and the most current version of the Schedule applicable to the Lighting Services covered by such Order (the "Services"). Each Order will describe and identify the Lighting Services and the associated Schedule applicable to the Lighting Services covered by the Order and set forth all materials, information, property and other items provided for, used or incorporated into the Services (collectively, the "Facilities"). Each such Order and associated Schedule are hereby incorporated into and made a part of this Agreement by this reference. 12 Performance of Services. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, including the applicable Schedule(s), PSE shall use reasonable efforts to perform the Services. PSE shall perform the Services in accordance with the schedule provided in the applicable Order or associated Schedule with reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Services. 13 Adjustments to the Services. PSE shall notify the Customer in writing of any reasonably anticipated adjustments to the Services that result from delays in PSE's performance of the Services caused by the Customer (or its agents, servants, employees, contractors, subcontractors, or representatives), or any conditions beyond PSE's control. The Parties -140 acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Services. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use reasonable efforts to promptly respond to such requirements. lA Performance by Customer. The Customer shall pay PSE for the Services in accordance with the applicable Order and the associated Schedule. In the event the Customer is unable to perform any of its obligations under this Agreement to PSE's satisfaction, the Parties shall use reasonable efforts to adjust the Services to allow additional time for the Customer to perform such obligations. If the Parties cannot reasonably agree upon such a schedule adjustment, PSE may, at its option, terminate this Agreement by giving written notice to the Customer, and the Customer shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 1.5. l5 Term and Termination. The term of this Agreement will commence on the Effective Date and will end thirty (30) days after the expiration or termination of all Orders entered into by the Parties under this Agreement, unless earlier terminated by mutual written agreement of the Parties. Service under each Order is effective for as long as such Order remains in effect, as specified in the Order and/or in the then-current version of the Schedule applicable to the Lighting Services covered by the Order. The effect of termination of any given Order, including the Parties' respective responsibilities for the costs of removal or salvage of any Facilities associated with the Services, will be as set forth in the Order or associated Schedule. Section 2. Permits. The Customer shall be solely responsible for any costs related to the acquisition of any and all operating rights, permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval necessary or convenient for the Services (collectively, "Permits"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Services, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Services and all rights of appeal with respect to the Permits shall have been exhausted. The Customer shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 3. Easements. The Customer shall be solely responsible for any costs related to the acquisition of any and all easements, right-of-ways, or any other property rights necessary or convenient for the Services (collectively, "Easements"). The Easements shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence performance of the Services, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Easements necessary for the Services and all rights of appeal with respect to the Easements shall have been exhausted. The Customer shall be responsible for performance of and any costs associated with any mitigation required by the Easements. �i Section 4. Construction Services 41 Construction Services. The Customer shall be solely responsible for, or shall reimburse PSE for, all costs and expenses for any construction or installation services necessary to perform the Services as set forth in each Order ("Construction Services"), which may include any restoration costs and/or the removal of excavated materials; costs and expenses to relocate or rebury Facilities if the area is not within grade; costs and expenses for trenching and backfilling of pole holes; costs and expenses associated with any unforeseen soil or pavement conditions that would increase the cost of service; and all costs and expenses associated with any other unforeseen Construction Services that would increase the cost of service. The costs for the Construction Services ("Construction Costs") shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the costs enumerated in this Section, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 42 Payment. The Customer shall pay PSE for the Construction Costs in accordance with the applicable Order. Section 5. Transfer of Assets If the Customer and PSE have agreed that, as part of any Order, the Customer shall transfer certain assets to PSE, Customer shall, contemporaneously with the execution of the applicable Order, duly execute and deliver to PSE a Bill of Sale in form and content as mutually agreed upon between the Parties and, pursuant to the terms of the Bill of Sale, sell, transfer, assign, convey and deliver to PSE all right, title and interest in the assets set forth or otherwise described in the Bill of Sale. Section 6. Disclaimers and Limitation of Liability 6.1 Disclaimer. Without limiting any express obligations PSE has under this Agreement or under the applicable Order or associated Schedule(or other applicable tariff on file with the WUTC), PSE makes no representations or warranties of any kind, express or implied, with respect to the Services or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 6.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Services or this Agreement. Section 7. Miscellaneous 7.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC, including the applicable Schedule(s). In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. -h 7.2 Survival. Sections 1.5, 4.2, 5, 6 and 7 shall survive any expiration or termination of this Agreement. Except as otherwise provided herein, following expiration or termination of this Agreement neither Party shall have any further obligations arising under this Agreement. 7.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision. 7.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by both Parties. 7.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Services or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 7.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 7.7 Notice. Any notice or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person or mailed to the attention of the signatories below. Either Party may change such address or contact by written notice to the other Party. 7.8 Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington without reference to its choice of law provisions. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof, the Parties have executed this Agreement as of the date set forth above. -4b PSE: Customer: Puget Sound Energy,Inc. By By Its Its Address: Address: Attn: Attn: -�4 COUNCIL MEETING DATE: January 15,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:ACCEPTANCE OF FY 2019 KING COUNTY CFT FUNDS. POLICY QUESTION: Should the Council authorize SWM staff to accept FY 2019 King County Conservation Futures Tax levy(CFT) funds in the amount of$500,000 and approve the amendment to,the King County-City of Federal Way CFT Inter-local Agreement(ILA)? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 7,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow,P.E., SWM Division Manager.'' DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated January 7, 2019. Options Considered: 1. Authorize SWM staff to accept FY 2019 King County CFT funds in the amount of $500,000 and approve the amendment to the King County-City of Federal Way CFT ILA. 2. Do not authorize SWM staff to accept the FY 2019 King County CFT funds in the amount of$500,000 and do not approve the amendment to the King County-City of Federal Way CFT ILA and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 15, 2019 City Council Agenda for approval. J MAYOR APPROVAL: / /fig DIRECTOR APPROVAL: (om flee r t'ou cil t nitiaVDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January 15, 2019 consent agenda for approval. Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize SWM staff to proceed with acceptance of FY 2019 King County CFT funds in the amount of$500,000 and to approve the amendment to the King County-City of Federal Way CFT ILA." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 45 CITY OF FEDERAL WAY MEMORANDUM DATE: January 7, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Theresa Thurlow, P.E., Surface Water Maria er EJ Walsh, P.E., Public Works Director SUBJECT- Authorization to Accept FY 2019 King County Conservation Futures Funds levy(CFT) and amendment to the King County CFT ILA FINANCIAL IMPACTS: The Hylebos Conservation Property Acquisition project was included in the 2017 SWM CIP update and approved by City Council on June 6, 2017. The approved budget for this project is $2,000,000 of which $1,000,000 is SWM CIP(304)funding and$1,000,000 is King County Conservation 2018 Futures Tax levy (CFT)award. In February 2018, City Council authorized SWM staff to apply for an additional $1,000,000 under the CFT program for the purpose of acquisition of property within the East Hylebos watershed. The application did not include a match as additional SWM CIP (304)funds are not available for this acquisition plan. The City's acquisition consultant indicated that private funding, state grants, or other yet to be identified funding will be available for the required match at the time CFT funds are awarded. Acceptance of the FY 2019 CFT funding will require identification of matching funds when the FY 2019 CFT funds are required for acquisition. BACKGROUND: Staff received notification that the funding application was approved in the amount of$500,000 and will be available for reimbursement to the City for East Hylebos watershed conservation property acquisition provided the 100%match required for this funding is available. Project (Funding Phase) Est Acquisition Year King County CFT 100%City Match East Hylebos Basin $8,500,000 Acquisition 2017 $1,000,000 SWM CIP(304) 2018 $500,000 TBD In addition, King County ordinance 18827 (see attachment 1) has authorized an amendment to the City- County CFT ILA (see attachment 2) that make changes to Section 8.2, which requires amendment to the City-County CFT ILA to reflect new awards before reimbursement with CFT funds for acquisition project expenditures can be distributed. Section 8.2 of the ILA requires both King County Council approval and City Council approval of any ILA amendment. The proposed changes to Section 8.2 will expedite the CFT funding award process by 6— 12 months. All other types of ILA amendments would still require Council approval and City approval. The amendment also makes a minor change to Article VII to how amendments are referenced in the ILA, removing the requirement to update this particular section in amendments for future awards. Again, this amendment has been proposed to streamline the CFT funding award implementation process. Attachments: King County ordinance 18827 King County—City of Federal Way CFT ILA Amendment 46 KING COUNTY 1200 King County Com thouse 516 Third Avenue Seattle,WA 98104 Signature Report K`rng CouL41 nty November 14, 2018 Ordinance 18827 Proposed No.2018-0487.2 Sponsors Upthegrove 1 AN ORDINANCE authorizing the use of an amendment 2 template to interlocal cooperation agreements with the 3 cities of Auburn, Bellevue, Black Diamond, Bothell, 4 Burien, Carnation, Covington, Des Moines, Duvall, 5 Enumclaw, Federal Way, Issaquah, Kenmore, Kent, 6 Kirkland, Lake Forest Park, Mercer Island, Milton, 7 Newcastle, Normandy Park,North Bend, Pacific, 8 Redmond, Renton, Sammamish, Seattle, Shoreline, 9 Snoqualmie and Tukwila, Vashon Park District and 10 Vashon-Maury Island Trust, for open space acquisition 11 projects. 12 STATEMENT OF:FACTS: 13 1. King County conservation futures tax levy funds are collected from 14 throughout King County as a dedicated portion of property taxes, for the 15 acquisition of open space and natural resource lands. 16 2, K.C.C. 26.12,010 established procedures for the annual allocation of 17 conservation futures tax levy funds, which directs the conservation futures 18 citizens committee to make funding recommendations to the King County 19 executive, to consider for inclusion in the annual appropriation ordinance. 1 47 Ordinance 18827 20 3. Funds are disbursed to cities or other entities through new interlocal 21 cooperation agreements or amendments to existing interlocal agreements. 22 4. Currently, all amendments to existing interlocal agreements require 23 approval by the respective city council or other governing entity and the 24 county council. 25 5. In the past, after the council appropriated moneys for projects for 26 entities with which the county already has interlocal agreements, the 27 executive transmitted a proposed ordinance for approval of amendments to 28 the interlocal agreement, with each entity to contractually recognize the 29 moneys already appropriated by attaching a funding allocation attachment 30 for affected entities. 31 6. All amendments or modifications to the existing interlocal agreements other 32 than those amendments that contractually allocate conservation futures already 33 appropriated by council shall require council review and approval by ordinance. 34 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 35 SI:C"TION1._. Findings: 36 A. To reduce the duplication of council review, a template amendment for 37 existing conservation futures interlocal agreements, Attachment A to this ordinance, 38 provides that once the council has appropriated moneys for an entity's projects,the 39 executive is authorized to execute follow-on amendments to that entity's existing 40 interlocal agreement setting forth the conservation futures allocation, if the affected entity 41 agrees, without prior council approval. 42 B. Attachment B to this ordinance is the council-approved template for the 2 48 Ordinance 18827 43 follow-on funding amendments. 44 C. All amendments or modifications to the existing interlocal agreements other 45 than those amendments that contractually allocate council-appropriated conservation 46 futures moneys shall require council review and approval by ordinance. 47 SECTION 2: A. The executive is hereby authorized to execute an amendment to 48 the interlocal agreements with the cities of Auburn, Bellevue, Black Diamond, Bothell, 49 Burien, Carnation, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, 5o Kenmore, Kent, Kirkland, bake Forest Park, Mercer Island, Milton,Newcastle, 51 Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, Seattle, Shoreline, 52 Snoqualmie and Tukwila, Vashon Park District and Vashon-Maury Island Trust, for open 53 space acquisition projects, in substantially the form of Attachment A to this ordinance. 54 B. The executive is authorized to execute follow-on amendments, substantially in 3 49 Ordinance 18827 55 the form of Attachment B to this ordinance, with each respective entity receiving 56 conservation futures funding as previously appropriated by the council. 57 Ordinance 18827 was introduced on 10/8/2018 and passed by the Metropolitan King County Council on 11/13/2018, by the following vote: Yes: 9 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert, Mr. Dunn, Mr. McDermott, Mr. Detnbowski, Mr. Upthegrove,Ms. Kohl-Welles and Ms. Balducci No: 0 Excused: 0 KING COUNTY COUNCIL KING COUNTY,WASHINGTON rI�C'J;.}ctmoll C ott, Chair ATTEST: ��.• s r --, r..: King �.. to:GCounty � Cou Melani Pedrosa, Clerk Cthe'(:ou ci I a, _ f-J APPROVED this day of� 2018. Dow Constantine,County Executive Attachments: A. Amendment to the Conservation Futures Interlocal Cooperation Agreement,Revised 10/26/18, B. Proposed Funding Amendment Template 4 50 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND FEDERAL WAY FOR OPEN SPACE ACQUISITION PROJECTS Preamble THIS AMENDMENT is entered into between the CITY OF FEDERAL WAY and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5"' day of June, 1990, as previously amended. The parties mutually desire to amend the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: Amendment 1: Article VIII. Other Provisions The text in Section 8.2 is deleted in its entirety and replaced with the following: The parties reserve the right to amend or modify this agreement. Amendments or modifications to disburse funds approved by the County Council must be by written instrument signed by the parties. Other amendments also must be approved by the respective City and County Councils. Amendment 2: Article VII. Responsibilities of County The first two sentences of this article are deleted and replaced with the following: Subject to the terms of this agreement, the County will provide Conservation Futures Levy proceeds in the amounts and for the projects shown in Attachment A to this agreement and as well as in those amounts and for those projects shown in subsequent amendments to this agreement. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachment A and any subsequent amendments. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement, and shall become Amendment J. Amendment J 1 CFT Interlocal Cooperation Agreement BetwSeen Federal Way and King County IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY FEDERAL WAY Dow Constantine King County Executive Mayor Date: Date: Approved as to form: Approved as to form: Dan Satterberg King County Prosecuting Attorney Amendment J 2 CFT Interlocal Cooperation Agreement BetvgTn Federal Way and King County Attachment B (proposed funding amendment template) - 18827 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN DING COUNTY AND THE CITY OF FOR OPEN SPACE ACQUISITION PRO.IECT'S __ Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the day of Month), (Year), as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy proceeds allocation for the project, and hereafter reads: • On , 20_, the King County Council passed Ordinance , which appropriated a total of _ ._dollars ($_ _) in 20 Conservation Futures Levy proceeds to the City of for the project. In accordance with Section 8.2,the executive or designee is authorized to execute this Amendment. Amendment 2: Article V. Conditions of Aereement Section 5.1 is amended to include the Exhibit_attached to this Amendment, which lists a 20____Conservation Futures I.,evy proceeds allocation for the project. Amendment 3: Exhibit The Interlocal Cooperation Agreement is hereby amended by adding Exhibit , attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. 13 Attachment B (proposed funding amendment template) - 18827 Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment—. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF Dow Constantine King County Executive Mayor Date: Date: Approved as to form: Approved as to form: Dan Satterberg King County Prosecuting Attorney City Attorney 254 Attachment B (proposed funding amendment template) - 18827 EXHIBIT 20---CONSERVATION FUTURES LEVY PROCEEDS CITY OF ALLOCATION Jurisdiction Project Name(Project Number) Allocation [Name] [Project Name] ([Project $ Number]) TOTAL $ Project Description: 355 This page left blank intentionally. 56 COUNCIL MEETING DATE: January 15, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST FOR PROPOSALS—UNDERGROUND UTILITY LOCATE CONTRACT POLICY QUESTION: Should Council authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further authorization? COMMITTEE: Land-Use and Transportation MEETING DATE: January 7, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree Winkler PE;Deputy Public Works 1--DEPT: Public Works Director Attachments: Committee Memo dated January, 7, 2019 Options Considered: 1) Authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further authorization 2) Do not authorize staff to request proposals for the Underground Utility Locate Contract and provide direction to staff. MAYOR'S RECOMMENDATION:The Mayor recommends Option 1. MAYOR APPROVAL: /y yG DIRECTOR APPROVAL: C Mnn tt a �nitzia',D".. InitiaMate Initia Mate6P COMMITTEE RECOMMENDATION: I move to forward Option I to the January 15, 2019 City Council consent agenda for approval. Mark Koppang,Committee Chair Jesse Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further 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# 57 CITY OF FEDERAL WAY MEMORANDUM DATE: January 7, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,Public Works Director Desiree Winkler,P.E.,Deputy Public Works Director SUBJECT: Request for Proposals—Underground Utility Locate Contract FINANCIAL IMPACTS: This project was included within the 2019-2020 budget for both Surface Water Management and Traffic Division for a total of$92,410 per year. This will replace the current Traffic contract of$27,410 per year with King County.No new General Fund money will be allocated to this contract, however the City's risk associated with utility strikes will be reduced from the current contract amount. Within the Surface Water Management $65,000 per year has been programmed to fund this contract. To continue to meet the expanding requirements of our NPDES Permit,without this contract,the City would need to either hire an additional SWM Inspector or outsource other inspection work. Both of those options would have a larger financial burden on the City than outsourcing the utility locate contract. This contract will be managed by existing staff, and no other Financial Impacts are anticipated. BACKGROUND: During the 2019-2020 budget process Public Works reviewed all of our in-house and contracted services to identify both financial savings and also opportunities to create efficiencies within the Public Works Department. One area that was identified was the Underground Utility Locate program. The City is required by RCW to mark-out or confirm there are no City owned utilities(Surface Water, Street and Traffic Lights,Fiber)when a One Call is requested within City Limits. Currently a Surface Water Management Inspector marks-out Surface Water utilities; Street and Traffic Lights are marked out as part of a contract with King County; and Fiber is largely not marked. In the event of a utility being hit during construction,if the City did not mark or cause the utility to be properly marked,the City is liable for the repair costs. Surface Water Management originally had 0.2 FTE of an inspector dedicated to meeting this requirement. Currently SWM has 0.5 FTE dedicated to complete the increased workload associated with the increasing amount of development occurring within the City.Inspection requirements from Ecology associated with the City's NPDES Permit have also increased over the last several years and without outsourcing this SWM will be required to bring in additional staff or contracts to complete other NPDES Permit mandated requirements such as Commercial Inspections, Surface Water Outfall Inspections, and Catch Basin Inspections. Within the 2019 -2020 budget, Surface Water allocated$65,000 towards contract funding. Traffic currently contracts with King County to complete this work at an approximate cost of$27,410 per year. In accordance with the King County Contract, they operate as an extension of our staff, meaning if something is not marked or miss-marked the City is liable for the damage to the utility, not the County. This same funding amount is proposed to be transferred to this program, with no increase in funding. 58 January 7,2019 Land Use and Transportation Committee Request for Proposals—Underground Utility Locate Contract Page 2 IT typically does not mark out fiber, meaning if there is a strike or damage,the City is fully liable for damages. While these are not budgeted, when a strike occurs it typically costs approximately$5,000 to $50,000.The cost for IT to be included within this contract was identified as approximately$10,000 per year, however this was not funded as part of the 2019-2020 budget. The approved budget includes outsourcing both the Surface Water Management and the Traffic components to a single,competitively secured,contract.As part of the new contract,the successful firm will assume the liability that is currently being transferred from King County to the City. Staff is requesting authorization to request proposals and return to LUTC and Council for further reports and authorization. 59 This page left blank intentionally. 60 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:REPORT ON PROGRESS ON AIRCRAFT ISSUES POLICY QUESTION: None COMMITTEE: Land Use and Transportation(LUTC) MEETING DATE:January 7,2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution 0 Other—Standing Report STAFF REPORT BY: Yarden F.Weidenfeld,Senior Policy Advisor DEPT:Mayor's Office Attachments: Staff Report and Attachments Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR'APPROVAL: N/A N/A DIRECTOR APPROVAL: ��-�� Committee Council IniliaUDate InitiaVDate InitiaVDate COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCUL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 61 CITY OF FEDERAL WAY MEMORANDUM DATE: January 7, 2019 TO: Members of Land Use and Transportation Committee(LUTC) FROM: Yarden F. Weidenfeld, Senior Policy Advisor SUBJECT: Report on Progress on Aircraft Issues Financial Impacts: NONE Background Information: On October 16, 2018, following the recommendation of the Land Use and Transportation Committee (LUTC), City Council unanimously adopted the Federal Way Mayor's Quiet and Healthy Skies Task Force Report in entirety, including all twenty-four (24)distinct recommendations. One of those recommendations was to"[fJorm an Aviation Impacts Committee of the City Council to oversee implementation of the City's various policy actions and initiatives related to Sea-Tac existing operations and future growth."City Council decided to delegate this function to LUTC. Mayor Ferrell assigned me to give monthly reports as to progress on the recommendations and other aircraft related issues. This is the third of these reports. Developments: 1. Sea-Tac Airport Stakeholders Roundtable (StART) a. Aviation Noise Working Graup The StART Aviation Noise Working Group met on December 10, 2018 and will meet again on January 14,2019. 1(Weidenfeld)am part of this working group,along with Federal Way community representatives Chris Hall and John Resing.The group continues to work on four tangible initiatives towards the short-term abatement of aircraft noise: Fly Quiet Late Night Noise Limitation Program—Since a mandatory curfew or even use of airport funds for any financial penalties or rewards are not allowed under the 1990 Airport Noise&Capacity Act(ANCA),the working group was looking at implementation of a"voluntary"curfew between the hours of midnight and 5:00 am. When looking at options, Port of Seattle staff and a hired consultant felt that the Rev.7/18 62 easiest way to accomplish this,in addition to a request by the Port that airlines limit night-time operations or transition to quieter aircraft types,would be to add a fourth category to the existing "Fly Quiet Program" that would "penalize" aircraft flying during midnight to 5:00 am above a threshold single event noise level(SEL).(With financial penalties or rewards prohibited, the "Fly Quiet Program" rewards or penalizes airlines with positive or negative publicity.)Because this program would not actually eliminate late-night aircraft, this name of this initiative was changed from "Voluntary Curfew" to "Fly Quiet Late Night Noise Limitation Program."It was also decided that the Port would publicize on a more regular basis rankings for all air carriers. Local municipalities can also publicize bad and good carriers. • Updated Runway Use Plan—The "third runway" is already used primarily as an arrival runway,not for departures(both north and south flow).The proposed updated runway use plan would include that provision(use of the"third runway"primarily as an arrival runway).It would also reduce the use of the third runway during the hours of midnight to 5:00 am (for both north and south flow and for both arrivals and departures), so that it is used only when required for safety or efficiency. It would also shift departures for all runways from south to north during the hours of 10:00 pm to 6:00 am, utilizing the established noise abatement corridor over the Duwamish industrial area and Elliott Bay, when conditions permit. Finally, the plan includes monthly meeting between the FAA and Port staff to monitor compliance. Implementation of the new plan does require FAA review, which will take several months. It may also require environmental review.See Attachment One. • Glide Slope Analysis—As was initially pointed out by Federal Way Mayor's Quiet and Healthy Skies Task Force member and Federal Way StART representative Chris Hall,the glide slope for Runway 34R(a north flow runway whose arrival traffic goes over Federal Way)is at 2.75 degrees,instead of the national 3-degree standard with which the other Sea-Tac runways are in compliance.This shallower glide path results in airplanes that are about 12 stories lower at the north end of Federal Way and also no longer in the optimized profile descent and thereby possibly forced to increase power and emissions to stay on its shallow path.The working group was presented with three ways Sea-Tac Airport could adjust the 2.75 degree glide slope: o Alternative One: Permanently relocate glideslope antenna and Precision Approach Path Indicator(PAPI)(both equipment needed for traditional ILS approaches)and then adjust newer RNAV(satellite-based)procedures.This would take about four years and cost about$25 million. o Alternative Two: Temporarily relocated glideslope antenna, permanently relocate PAPI,and then adjust RNAV procedures.This would take about two years and cost about$2.5 million. o Alternative Three:Adjust RNAV procedures only for now and adjust glide slope antenna and PAPI when able. Adjusting just the RNAV procedures would take about two years at a negligible cost because no physical Rev.7/18 63 equipment would be involved.However,the maximum glide slope that could be achieved would be 2.95 degrees. Also, because there would be different glide slopes for RNAV versus ILS approaches, FAA support would be needed to understand the validity of this alternative. The Port will work with the FAA to determine the viability of Alternative Three and also to explore the potential to increase all glide slopes beyond three degrees (as Chris Hall has advocated and as has been done at various American and foreign airports).The latter(raising above three degrees)would require an FAA waiver. One concern raised was that planes approaching at a steeper angle would require more reverse thrust to reduce their speed. • A320 Vortex Port staff explained that certain Airbus aircraft(the A320 fleet)create a whistling noise between 7 and 30 miles from landing,caused by a circular vent hole under the wing. Retrofitting, which can happen when aircraft receive heavy maintenance(typically every two years), can include addition of a specific part that can mitigate this whistling noise.This could be encouraged through another category in the"Fly Quiet"Program. The Port could also write to airlines and ask them how many A320s they fly,how many have been properly retrofitted,plans to complete the retrofit, and cost for the retrofit. Airline StART representatives(Alaska and Delta) may be asked for advice on the best way to encourage more retrofitting and to explain to the entire StART group whether they have retrofitting plans and the timeline. Next year, the Aviation Noise Working Group will take up a Ground Noise Analysis, analyzing the sources of ground noise, including but not limited to taxiing aircraft and reverse thrust. We may also entertain additional initiatives. b. Full StART Meeting A full StART meeting was held on December 19, 2018. Items covered included: • Update of work done by Aviation Noise Working Group(See Above) o Normandy Park community representative (and Working Group member) Earnest Thompson expressed the view that while he appreciates the hard work of the Working Group,he feels it is largely worthless because it would not stop night flights. o I(Weidenfeld) mostly endorsed what Thompson said but felt that "worthless" goes too far since some progress is better than none. I encouraged the possibility of later looking at a Part 161 submission to the FAA(asking it to allow a mandatory curfew)and at amending the 1990 Airport Noise & Capacity Act(ANCA) so that airports could impose restrictions like curfews without FAA permission. o Seatac City Manager Joe Scorcio said that we are not done yet. Rev.7/18 64 These things take time. He also encouraged municipalities to aggressively publicize airlines that are bad and good actors, even if bad publicity drives them from Sea-Tac Airport. o Federal Way Community representative (and Working Group member) Chris Hall dropped a bombshell of sorts, as follows. He read a current FAA mandate that says efforts must be made to avoid noise around residential areas and noted that this mandate is violated by the 2.75-degree glide slope. He then read a memo he found that was filed by the Port with the FAA in both 2005 and again in 2008 stating that Sea-Tac Airport lacked the time and money to change the 2.75-degree glide slope and asking for a waiver of the normal 3- degree requirement in the interests of aviation commerce.Hall noted that the same form was submitted this year. Hall also expressed skepticism about the argument that a Part 161 submission would be expensive,time-consuming,and futile,noting that a curfew,ifnot an undue burden, may be approved. Finally, Hall noted that international carriers would not care about bad publicity. • Federal Congressional Briefing on Aviation Issues (by Staff of Congressman Adam Smith),including: o Protecting Airport Communities from Particle Emissions Act(A Smith bill,support for which is an adopted recommendation from the Report of the Quiet and Healthy Skies Task Force) o Aviation-Impacted Communities Act (A Smith bill, support for which is also an adopted recommendation from the Report of the Quiet and Healthy Skies Task Force) o Secondary noise insulation package bill(a bill Congressman Smith is considering for next year that would allow the FAA to fund a 2d residential noise insulation package when the initial insulation fails) o FAA Reauthorization passed in 2018. See Attachment Two. • Additional Working Group—An additional working group was proposed and discussed that would go over in detail the FAA Reauthorization bill and would explore ways that StART could help with Smith legislation. I (Weidenfeld)tentatively volunteered to be a part of this new working group. • Public Comment—Ten people made public comments,including: • Dana Holloway, who noted that it is difficult to access airport complaint data online and that other airports use a better application. Port of Seattle Airport Noise Programs Manager Stan Shepherd Rev.7/18 65 noted that the Port is updating its noise software and hopes to have the new software in place in early 2019. (I later emailed Ms. Holloway that the Port of Seattle has agreed to provide the City of Federal Way with monthly reports of complaint data from Federal Way zip codes and that copies are available upon request.) o Larry Cripe, who leads or led a Burien-based Quiet Skies group, somewhat cryptically stated that in 2019,the Port would be hearing from citizens in fifteen directly impacted cities "like never before" and that there would be an important announcement shortly after the new year.The citizens,he said, are not going to take it anymore. 2. Department of Commerce Airport Community Local Impacts Studv The advisory committee for the Local Community Impacts study met on December 3, 2018 and on December 17, 2018. Former Quiet and Healthy Skies Task Force member David Berger and I(Weidenfeld)were there for Federal Way. The charter was finalized on December 3,2018.It contains the background,purpose, process,roles of various parties, and perhaps most importantly, a timeline, as follows: • Request for Proposals (RFP)will be published by January 15,2019. • A consultant will be selected by March 22,2019. • A first draft will be issued by September 25, 2019 and reviewed(by the Advisory Committee)by October 25,2019. • A second draft will be issued by November 15, 2019, reviewed (by the public) by January 21, 2020, and reviewed (by the Advisory Committee and Department of Commerce management)by February 24,2020. • Response to comments will be completed by March 26,2020. • The study will be finalized by April 12, 2020 and submitted to the Legislature by April 15,2020.(State Rep.Tina Orwall,who is a member of and attends Advisory Committee meetings, will propose extension of the current December 31, 2019 deadline in the 2019 legislative session. It is the wish of the Advisory Committee (and on the City of Federal Way Legislative Agenda)that no other revisions be made to the State budget proviso.) The complete"statement"(or scope)of work was finalized at the December 17,2018 meeting. It will be used to create the Request for Proposals(RFP). We were told that at this time,the Port of Seattle will not be participating in Advisory Committee meetings but may rejoin after the consultant conducting the study is retained. Rev 7/18 66 The next meeting is scheduled for January 14,2019 and then every two weeks until the end of March 2019,subject to cancellation.(Advisory Committee meetings will likely be limited after the consultant begins the study until the first draft is issued.)At the January 14, 2019 meeting, we are expected to bring a list of resources (i.e., prior studies) that we recommend the consultant review when conducting this study. 3. Highline Forum The Highline Forum last met on November 28, 2018. The agenda included: • Update on the StART Aviation Noise Working Group(See Above)from Port of Seattle Community Engagement Manager Marco Milanese • Update on the Highline School District from Highline School District Chief Engagement&Partnership Officer Kisa Hendrickson • Update on Puget Sound Regional Council (PSRC) Regional Aviation Baseline Study from Executive Director Josh Brown See Attachment Three. o The goal is for this study to be completed by early 2020. o Brown emphasized that this was only Phase One and that it would be up to state leaders to flag other issues. o City of Des Moines Mayor Matt pointed out that originally,cities got behind this study because it was supposed to include a siting study. o I (Weidenfeld) seconded what Mayor Pina said and referenced the PSRC siting study twenty years ago (per David Berger). I also pointed out that Mayor Ferrell had ensured, as a PSRC executive board member,that capacity and local community impacts would be part of the study. And I referenced the study scope as including "provid[ing]options for addressing the Central Puget Sound region's future aviation needs, including institutional relationships and examples from other regions." Brown responded that PSRC would rather under-promise and over-deliver than the other way around. o It was referenced that we should start working with the Office of Congressman Adam Smith to queue up funding for the next phase of the study(i.e., a siting study). The next Highline Forum meeting is scheduled for Wednesday, January 23, 2019, from 2:30 PM to 4:30 PM, likely in Burien. Mayor Ferrell has approved the City of Federal Way hosting the March meeting,as we did last year,to be held on Wednesday, March 27,2019 from 2:30 PM to 4:30 PM. Rev.7/18 67 4. Port of Seattle Commission As indicated at the last LUTC meeting, Mayor Ferrell testified in favor of Commissioner Steinbreuck's budget amendment on November 27, 2018. This motion authorizes$10 million over the next five years for a"South King County Support Program," budgeted at $750,000 for 2019. Per the motion, this "may include support for addressing airport noise and for other projects that support environmental health and enhance sustainability." Because this funding comes from levy funds,not federal or airport funds,its use is not restricted by the federal "noise contour" that excludes Federal Way. However, funds specifically targeted for noise abatement or mitigation would still be restricted by RCW 53.54,which prohibits such programs six miles beyond the end of airport runways.The City of Federal Way 2019 state legislative agenda includes support for Rep. Pellicciotti's bill extending this limit to twelve miles and thus including Federal Way. The motion also authorizes $531,000 for a two-year workforce development pilot program and $5 million over five years for Sustainable Aviation Fuels and Air Emissions Program,budgeted at$375,000 in 2019. The motion passed unanimously.See Attachment Four. 5. Miscellaneous • On November 30,2018,the Cityof Burien filed its opening brief in the United States Court of Appeals for the Ninth Circuit in its lawsuit against the FAA. The lawsuit argued that the FAA illegally changed flight paths.Copies are available upon request. • On December 13,2018,Mayor Ferrell and I gave a presentation to the local Rotary Club, at the invitation of David Berger, on the Federal Way Mayor's Quiet and Healthy Skies Task Force Report. It was well-received. • The Port of Seattle is hosting a"Noise 101 Symposium" on Saturday,January 12, 2019,from 9:00 AM to noon.The RSVP deadline is Tuesday,January 8,2019.See Attachment Five. • As we head into 2019,I(Weidenfeld)will be looking into the best way to spend the $100,000 authorized in 2019-2020 for expert consulting on the Sustainable Airport Master Plan (SAMP). Options include contracting with the firm with which we consulted during the scoping phase;joining with the cities of Burien, Des Moines, Seatac, and Normandy Park,which have jointly contracted with a consultant;and/or finding another consultant or consultants. Rev.7A8 68 Attqc6W Seattle Terminal Radar Approach Control (S46), Seattle Air Traffic Control Tower(SEA) and Port of Seattle(POS) DRAFT LETTER OF AGREEMENT EFFECTIVE: (_, 2019) SUBJECT. Informal Runway_fisc Proara.m 1.PURPOSE: To establish the Noise Abatement Informal Runway Use Program for the Seattle- Tacoma International Airport.(KSEA). This program has been established by the Port of Seattle (POS) and is administered by the Federal Aviation Administration(FAA) at Seattle Terminal Radar Approach Control(S46) and Seattle Air Traffic Control Tower(SEA). The goal of this informal runway use program is to establish a clear understanding of the preferred way in which all of the runways will be used in various operating conditions. However, it is not intended that the program described herein would restrict operations or adversely discriminate against any user. Deviations from specified runway use may be necessary because of emergencies,weather, traffic volume, airport construction, or maintenance work. Under these circumstances, runway selection will be in accordance with FAA Orders 7110.65 and 8400.9. 2.SCOPE:The policy outlined herein provides for the preferential arrival and departure usage of each runway at KSEA. This voluntary program applies to all turbojet aircraft weighing 12,500 pounds or more. The program that is described herein shall be utilized to the maximum extent possible whenever wind, weather,traffic density, controller workload,equipment, operations and field conditions and other considerations permit. 3.RESPONSIBILITIES: POS, S46 and SEA must ensure that all appropriate personnel are briefed on this voluntary program. The FAA reserves the right to determine under what conditions flight operations may be conducted without causing degradation of safety. The FAA may be required to follow different policies than detailed herein and reserves the right to determine runway usage such that it is not unsafe,unjustly discriminatory nor incompatible with the efficient management of navigable airspace. 4. PROCEDURES: The FAA has the responsibility for managing air traffic. At any time, the FAA maintains the right to change the way they use the runways to safely and efficiently manage air traffic. This does not abrogate the authority and responsibility of the pilot.in command to ensure the safe operation of his aircraft.The following is the planned runway usage during typical operations at KSEA under normal conditions: South Flow Runway Use Program • Daytime and Evening Hours. The third runway (16R) will be used primarily as an arrival runway. The east runway (16L) and center runway (16C)will be used as arrival and departure runways. • Late night usage. During regular late night operations between the hours of 12:00 a.m. and 5:00 a.m. in normal weather patterns, the FAA plans to reduce its use of the third runway (16R). Departures and/or arrivals take place on 16L, and 16C, and use of 16R only when required for safety or efficiency reasons. North Flow Runway Use Program I 69 Daytime and Evening Hours. The third runway (341-) will be used primarily as an arrival runway. The east runway (34R) and center runway (34C) will he used as arrival and departure runways. • Late night usage. During regular late night operations hetween the hours of 12:00 a.m. and 5:00 a.m. in normal weather patterns, the FAA plans to reduce its use of the third runway (34L). Departures and/or arrivals take place on 34R, and/or 34C, and use of 34L only when required for safety or efficiency reasons. North Flow Preferential Use During Nighttime IIours • This implements a preferential runway system during the nighttime hours, for operations through the Norih Flow Noise Abatement Corridor. This would be operational when traffic and other conditions permit as determined by the FAA. When conditions permit, during nighttime hours from 10 p.m. to 6 a.m., departures can be shifted from south to north, thus utilizing the established noise abatement corridor over the Duwamish industrial area and Elliott Bay. • .This measure was approved by the FAA as Sea-Tac FAR Part 150 Noise Compatibility Program Measure A-11. a. Emergency and Closed Runway Conditions In the event of an emergency or closed runway condition, the policy outlined in this document may not be followed as prescribed. With safety as the primary goal,the FAA maintains the right to determine the optimal runway assignments and usage during emergency and closed runway conditions. b. Operational and Safety Criteria (per FAA Order 840(1.9) A variety of weather and operational conditions may preclude the application of the normal runway use policy outlined above.These include, but are not limited to, the following: 1. Wind Shear or Thunderstorms. 2. Visibility 3. Runway Braking Effectiveness 4. Wind c. Annual Review: The parties to this agreement will review this LOA annually on or around the anniversary of the signing thereof or upon request by any signatory to the LOA. d. Monthly Progress Meetings: FAA and Port staff will meet on a monthly basis to discuss overnight runway usage and any related operational challenges to the LOA. (FAA signature) (Port signature) 70 A tt�chrnen �. Port Federal Aviation Noise and AirQtiality Legislation of Seattle Oeceinber2018 in fall 2018, Congress passed into law a new Federal Aviation Administration (FAA)reauthorization bill,with a variety of new policy and funding authorizations. Among many areas of activity,the legislation included several studies and policies related to airplane noise and emissions. While there are outstanding questions related to implementation of the new work,the most relevant related to Sea-Tac Airport are as follows: • Sec. 173, which sets a one-year deadline for the FAA to complete the ongoing evaluation of alternative metrics to the current Day Night Level (DNL)65 standard. • Sec. 175, which requires the FAA to "consider the feasibility of dispersal headings or other lateral track variations" when proposing a new area navigation departure procedure or amending an existing procedure that would direct aircraft between the surface and 6,000 feet above ground level over noise sensitive areas. • Sec. 179,which would study the relationship between jet aircraft approach and takeoff speeds and corresponding noise impacts on communities surrounding airports. • Sec. 180,which would create a Regional Ombudsman for each FAA region to serve as a regional liaison with the public, including community groups,on issues regarding aircraft noise, pollution,and safety. • Sec. 186,which would initiate a review of the potential benefits, costs, and other impacts that would result from a phaseout of covered stage 3 aircraft. • Sec. 187,which sets a two-year deadline to complete the ongoing evaluation of alternative metrics to the current Day Night Level(DNL)65 standard AND provide initial recommendations of proposed changes based on the findings. • Sec. 188, which would evaluate alternative metrics to the current average day-night level standard, such as the use of actual noise sampling and other methods,to address community airplane noise concerns. • Sec. 189, which would study the health impacts of noise from aircraft flights on residents in the metropolitan areas of Boston, Chicago, DC,fiew York, Northern California, Phoenix, Southern California and Seattle. • Sec. 190,which would create a pilot grant program involving not more than 6 projects at airports for environmental mitigation projects that will measurably reduce or mitigate aviation impacts on noise, air quality, or water quality at the airport or within 5 miles of the airport. In addition, U.S. Representative Adam Smith proposed two pieces of airplane noise and emissions legislation last year, and is considering a third for 2019: • The Protecting Airport Communities from Particle Emissions Act, which would direct the FAA to report on ultrafine particles and their health impacts for communities around the 20 largest U.S. airports. The study would also analyze the potential impacts of mitigation options,emissions reductions,and the increased use of aviation biofuels. • The Aviation-Impacted Communities Act,which would create an official federal designation of an "aviation impacted community" as"a community that is located not greater than 1 mile from any point at which a commercial or cargo jet route is 3,000 feet or less above ground level."Through this designation,these communities would be able to work with the FAA to research potential flight operations or flight path changes and/or mitigation. • A secondary noise insulation package bill, which would allow the FAA to fund a second residential noise insulation package in instances where the initial insulation fails. 1 71 11/27/2018 Regional Aviation Baseline Hi ghlineForu rnNovember o • - ,• r" ""VI'..'►' s. '� .fit• „� 1 � 4. - :1 • ti FF + �-''. � .��,'� r• � C3i!it7��OUfI`1 f�F,';Tlffnc`I��'CL�ClC! - centralPuget Soundregion booming . �� . . - ,00 4,000,000 3,900,000 3,800,000 3.7 million people 3,700 -. . - 0i 000 2010 2011 2012 20132014is 11/27/2018 Jobs and a strong economy generate growth 2,300,000 Zai million jobs 2,200,000 2,100,000 • 2,000,000 ..�'� 1,9 million jabs _•—�` 1,900,000 Jam•- - . 2010 2011 2012 2013 2014 2015 2016 2017 2018 410 Aviation demand — SeaTac passenger volumes 48,000,000 46.9 million passengers 46,000,000y�'. 44,000,000 42,000,000 40,000,000 38,000,000 36,000,000 `�• 32.8 million 34,000,000 passengers 32,000,000 2011 2012 2013 2014 2015 2016 2017 . jo 2 73 11/27/2018 Getting ready for 2050 6,000,000 _. 5.8 million people 5,500,000 5,000,0004,500,000 4.1 million people . --• 4,000,000 -•'' 3,500,000 4 millilx,' jobs 3,000.000 2,500.000 3 million jabs 2,000,000 ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti 29 airports in the central Puget Sound region - 3 commercial service and air cargo airports (SEA, BFI, and PAE) - 3 industrial airports supporting r s,'4<rintn aerospace manufacturing • 5 seaplane bases • 2 military airports !; ;, National Plan of - Multiple general aviation facilities msegrntatlhnparu Sys �NPUIS} gout= Airports O Lugs Hub 0 Sm"'Non•Hub p N•RonoYReglonM Q lata U"k ,9 Uodo.1r6d Man-NP M • nn�FlPIA.9 Akpo11 0 Mftry A"ort SPB S..orw%2w 3 74 11/27/2018 Regional Aviation Baseline Study • Build off of master planning efforts at theAW _ ` � • regions airports -- • Along with demand and capacity analysis, provide community perspectives • Not a siting study! • Prepare regional and state leaders for the I next phase of planning • Study overseen by PSRC's Executive Board Ik A- Josh Brown 'brown@psrc.org Thank • 4 75 Item Number: 8c motion Meeting Date: November 27, 2018 Revised November 26,2018 1 MOTION 2018-14: 2 A MOTION OF THE PORT OF SEATTLE COMMISSION 3 4 directing the Executive Director to set the 2019-2023 5 Capital Improvement Plan CIP Reserve for Maritime and 6 Economic Development at $25 million; designating funding 7 in the 2019-2023 plan of finance for South King County 8 communities, development of sustainable aviation fuels, 9 support for greenhouse gas reduction, efforts to reduce air 10 emissions, and establishment of a pilot program to educate 11 and assist workers at Seattle-Tacoma International Airport; 12 directing the Executive Director to review and recommend 13 updated financial management policies as outlined in 14 Appendix B of the 2019 Port of Seattle preliminary budget i5 document; and establishing deadlines and stipulating 16 budget amounts for 2019 for the above. 17 18 PROPOSED 19 NOVEMBER 27,2018 20 21 TEXT OF THE MOTION 22 23 Section 1. The Port commission hereby directs the Executive Director set the 2019-2023 24 Maritime and Economic Development Divisions Capital Improvement Plan CIP Reserve at $25 25 million, primarily for unanticipated renewal and replacement needs for existing assets and 26 secondarily,for new investments that offer financial and/or community benefits. 27 28 Section 2. The Port commission hereby directs the Executive Director to take the following 29 actions and designate funding for the purposes described below, provided, the Executive 30 Director may at any time designate appropriate division or department to administer the 31 following expenditures or programs: 32 33 Section 3. Within the funding plan for 2019-2023 there shall be funding, not to exceed $10 34 million, designated for a South King County Support Program, which will be budgeted at 35 $750,000 in 2019,to be used to provide resources and support for Sea-Tac International Airport 36 area communities. 37 38 Specific uses, guidelines, and timelines for the expenditures will be established by commission 39 policy directive in 2019. For purposes of illustration, uses may include support for addressing Motion 2018-14—Fund Designation for 2019-2023 Page 1 of 2 76 40 airport noise and for other projects that support environmental health and enhance 41 sustainability. 42 43 Section 4. Within the funding plan for 2019-2023 there shall be funding, not to exceed $5 44 million, designated for Sustainable Aviation Fuels and Air Emissions Program, which will be 45 budgeted at$375,000 in 2019,to be used to address development of sustainable aviation fuels 46 at Seattle-Tacoma International Airport and efforts to reduce air emissions. 47 48 Specific uses, guidelines, and timelines for the expenditures will be established by Commission 49 policy directive in 2019. For purposes of illustration, uses may include preparation and 50 implementation of strategies, infrastructure development, and attraction of capital and other 51 resources from state and other entities for the development of sustainable aviation fuels; 52 efforts to reduce air emissions in communities near the airport; and strategies and projects to 53 reduce airport-related greenhouse-gas emissions. 54 55 Section 5. In 2019, up to $531,000 will be allocated for a two-year workforce development 56 pilot program starting in 2019 to educate and assist workers at Seattle-Tacoma International 57 Airport on labor and employment matters. The Executive Director shall develop a request for 58 authorization to solicit proposals for a competitive solicitation process in 2019 for this purpose 59 60 The passing of City of SeaTac Ordinance 13-1020("Prop 1" or STMC Section 7.45.010) created a 61 network of benefits and rights unique to the City of SeaTac and different from state statute. 62 This led to an increase in complaints from Prop 1 impacted airport workers concerning wage 63 and other employment compliance and highlighted a lack of understanding of workers' rights 64 under the new ordinance. It is the Commission's intent that this pilot program be designed to 65 address these issues. 66 67 Section 6. The Executive Director shall identify financial management policies as outlined in 68 Appendix B of the 2019 Port of Seattle Preliminary Budget document to be reviewed and 69 updated. Recommendations for updates shall be delivered to the Commission for consideration 70 and approval prior to September 1, 2019.The updated financial management policies will then be 71 incorporated into the Preliminary Budget document for 2020. 72 73 The Executive Director shall also direct the Port's Chief Financial Officer to conduct a review of 74 best-practices and a survey of the management of capital contingencies and reserves by other 75 organizations such as Washington state ports and other public agencies. A recommendation on 76 the use of capital contingencies and reserves shall be delivered to the Commission by September 77 1, 2019. 78 79 The Port of Seattle Preliminary Budget document for 2020 shall include a section titled "Capital 80 Contingencies and Reserves"in that document's financial management policies section. Motion 2018-14—Fund Designation for 2019-2023 Page 2 of 2 77 �4ttac-hlmPnt Five✓ YOU ARE CORDIALLY INVITED TO A NOISE 101 SYMPOSIUM Saturday, January 12, 2019 9 AM to Noon Tyee High School Cafeteria 4424 S. 188th St, SeaTac,WA 98188 1 � The instructor of the course is Steve Alverson, National Director of ESA Airports,a national con- suiting firm specializing in noise, environmental and aviation planning services. Steve offers r course participants 37 years of aircraft noise analysis and control experience at many of the busiest airports in the United States. Steve has work both as a consultant and as a member of ' airport staff serving as the City and County of Denver's Airport Noise Officer. He frequently gives university-level lectures on aircraft noise and land use compatibility planning. Topics covered In this symposium are: ■ The Principles of Aviation Noise ■ Quantifying Aircraft Noise ■ Aircraft Noise Regulations and Guidance ■ Princlples of Aircraft Noise Control This event is cohosted by City of SeaTac and the Port of Seattle.This ticketed event is open to the public.Anyone wishing to attend must RSVP by Tuesday January 8,2019 Port . of Seattle, Seating is limited.Light refreshments will be provided. 78