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LUTC PKT 12-02-2019 City of Federal Way City Council Land Use & Transportation Committee December 2, 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 Council Date Info A. Approval of Minutes: November 4, 2019 3 Action N/A B. North LMD: Resolution Creating an Advisory Myhre 9 Action January 7, 2020 Committee Consent C. North LMD: Ordinance Establishing the Time of Myhre 17 Action January 7, 2020 Payment,Interest,and Penalties on Delinquent Ordinance/First Assessments Reading D. Military Rd S/S 298th St Compact Roundabout Mullen 23 Action January 7, 2020 - Project Acceptance Consent E. Joint Construction Agreement with PSE for Cole 25 Action January 7, 2020 2020 Asphalt Overlay Program Consent F. 2018 NHS Preservation Project Final Huynh 33 Action January 7, 2020 Acceptance Consent G. 2019 Asphalt Overlay Project Final Acceptance Huynh 35 Action January 7, 2020 Consent H. 2019 Storm Pipe Repair Phase 1 Acceptance Smith 37 Action January 7, 2020 Consent I. 2020/2021 Surface Water Management Vactor Thurlow 41 Action January 7, 2020 Services and Drainage Infrastructure Consent Maintenance authorization to bid J. Panhandling Signage Discussion Vadino 43 Info N/A K. Report on Progress with Aircraft Issues Vadino 47 Info N/A 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, January 6, 2020 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 1 Rebecca Kovar,Administrative Assistant II Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. City of Federal Way City Council Land Use & Transportation Committee November 4, 2019 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. Councilmembers in attendance: Deputy Mayor Susan Honda and Councilmember Lydia Assefa-Dawson. Staff in Attendance: Public Works Director EJ Walsh, Deputy Public Works Director Desiree Winkler, Deputy City Attorney Mark Orthmann, Senior Capital Engineer John Mulkey, Senior Capital Engineer Naveen Chandra, Senior Transportation Planning Engineer Sarady Long, Planning Manager Doc Hansen, Capital Engineering Manager Sarah Hamel, Capital Engineer John Cole and Administrative Assistant II Sara Gilchrist. 1. CALL TO ORDER: Committee Chair Koppang called the meeting to order at 5:00. 2. PUBLIC COMMENT: Dave Berger had comments on a meeting to be held on Wednesday, November 6, 2019 in Burien for public comment on the State Department of Commerce SeaTac Airport Impact Study. The consultants will present preliminary results of their investigation, and Mr. Berger encouraged citizens to attend. He explained the issue and importance of the study. Chairman Koppang also encouraged citizens to learn about the issue and attend the meeting. 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: October 7, 2019 Committee approved the October 7, 2019 LUTC minutes as presented. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously B. Brook Lake Center Connector- Project Acceptance Senior Capital Engineer John Mulkey showed photos of the completed project and gave an overview of the project, which connected the Brook Lake Center and West Hylebos Wetlands Boardwalk Trail. The park is used for Surface Water Management's education and outreach efforts and the connector will grant easier access to the park for all citizens. The project came in under budget. Council Member Tran and Chairman Koppang praised the work done on this project and emphasized the importance of increasing access. Committee forwarded Option #1 (Authorize final acceptance of the Brook Lake Center Connector construced by Talakai Construction, LLC in the amount of $281,321.50 as complete) to the November 19, 2019 Council Consent Agenda for approval. • Moved: Tran Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 3 Sara Gilchrist,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 • Seconded: Johnson • Passed: 3-0 unanimously C. Variable Lane Use Control - 85% Design Report and Authorization to Bid Senior Capital Engineer John Mulkey gave an overview of the project, which would allow for lane use and signaling to vary throughout the day responsive to traffic. Mr. Mulkey discussed funding and expenditures in his presentation. Deputy Mayor Honda asked if the project will help alleviate some of traffic issues in the City of Federal Way and expressed concern about the cost of the project. City Traffic Engineer Rick Perez responded that the cost/benefit analysis is positive and noted that safety would improve along with traffic flow. Mr. Perez clarified that the requirement of the grant was to conduct a study and present it to professional organizations. Discussion followed. Public Works Director EJ Walsh added that the project was funded by a grant that had clear parameters on the use of the grant funds. Chairman Koppang expressed appreciation for the clarification. Committee forwarded Option #1 (Authorize staff to complete the design and bid the Citywide Variable Lane Use Controls and return to the LUTC and Council for bid award, further reports, and authorization) to the November 19, 2019 Consent Agenda for approval. • Moved: • Seconded: • Passed: 3-0 unanimously. D. S 348th Entrance Sign - 85% Design Report and Authorization to Bid Senior Capital Engineer John Mulkey discussed the background and progress of the project. He showed an aerial view for example and showed where the sign would be placed. Council Member Tran wondered if a solar option will be cost effective for the yearly cost of the sign. Mr. Mulkey replied that a solar option had not been considered. Committee forwarded Option #1 (Authorize staff to complete the design and bid the S 348th Entrance Sign and return to the LUTC and Council for bid award, further reports, and authorization) to the November 19, 2019 Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously E. Complete Streets ADA Upgrade - 85% Design Report and Authorization to Bid Senior Capital Engineer John Mulkey presented information on the project, which will replace non-compliant curb ramps and other pedestrian facilities to bring them into compliance with the Americans with Disabilities Act. Council Member Johnson asked if there any other intersections that will also need these upgrades. Mr. Mulkey said there are a number of projects that will be considered. Deputy Mayor Honda asked if the signal timing will be longer for people crossing the road. Mr. Mulkey notes that signals would be a separate project. City Traffic Engineer Rick Perez says that project will also bring the signals up to compliance. Chair Koppang noted that the subsequent presentation would be about the signal timing. Committee forwarded Option #1 (Authorize staff to complete the design and bid the Complete Streets and return to the LUTC and Council for bid award, further reports, and authorization) to the November 19, 2019 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 Sara Gilchrist,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 F. Citywide Adaptive Signal Control System — ITS Improvements Phase 1 & 2 and Phase 3 Project— Bid Results Senior Capital Engineer Naveen Chandra gave an overview of the project and discussed the options. Committee forwarded Option #1 (Authorize staff to award the bid for the Citywide Adaptive Traffic Signal Control — ITS Improvements— Phase 1 & 2 and Phase 3 project and authorize the transfer of funds to the project.) to the November 19, 2019 Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously G. Transportation Demand Management Implementation Agreement with WSDOT Senior Transportation Planning Engineer Sarady Long explained that the agreement with WSDOT that allows the State to reimburse the City for its share of the technical assistance funding for implementing the State Commute Trip Reduction law had expired and therefore a new agreement is required in order to receive the funds in the future. Without the agreement,the City would need to provide required funds for the next four years. Committee forwarded Option #1 (Authorize the mayor to enter into an agreement with WSDOT to accept state CTR technical funds in amount of $77,738 for 2019-2023) to the November 19, 2019 Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously H. Commute Trip Reduction Program Implementation Agreement with King County Senior Transportation Planning Engineer Sarady Long explained that there are both state and local ordinances regarding Commute Trip Reduction and that the proposed agreement will mean King County would manage the implementation. Discussion regarding the issue and obstacles ensued. Committee forwarded Option #1 (Authorize the mayor to enter into an agreement with King County Transit in the amount of $34,669 for Commute Trip Reduction implementation) to the November 19, 2019 Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously I. City Center Access Phase I Environmental Process Update— Preferred Alternative City Engineer Rick Perez discussed the project and available options to improve vehicle traffic as well as pedestrians and bicyclists. During both online and in person open houses, the public expressed non-motorized access is a priority. Chair Koppang asked for clarification on the plans for 324th Street. Committee forwarded Option #1 (Authorize staff to adopt the preferred alternative of S. 320th Street and S. 324th Street Interchange modification with grade separated ramps and roundabouts for the City Center Access Phase I Environmental Process Update.) to the November 19, 2019 Consent Agenda for approval. • Moved: Johnson Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 5 Sara Gilchrist,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 • Seconded: Tran • Passed: 3-0 unanimously J. Ordinance,amending FWRC Title 19, Division III, Mitigation and Fees,adding a new chapter - SWM System Development Charges Surface Water Manager Theresa Thurlow provided detailed information regarding the proposed Ordinance, including costs, options, timeline and comparative data. Council Member Assefa-Dawson asked for clarification on the fee structure. Deputy Mayor Honda inquired about shared costs for Sound Transit and Costco. Ms. Thurlow responded that it applies to any development project that increases impervious surface. Chair Koppang notes that the developer would pay for the impact rather than rate payers. Council Member Tran asked for clarification on the price structure, which Ms. Thurlow provided. Committee forwarded Option #1 (Adopt the proposed ordinance.)to the November 19, 2019 Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously K. Acceptance of Grant Offered by State Department of Commerce: E2SHB 1923 Planning Manager Doc Hansen described the program that would be funded in part by the awarded grant and requested approval to move forward. Committee forwarded Option #1 (Accept the grant for $100,000 to complete a Housing Action Plan for the City) to the November 19, 2019 Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously L. Notice of Intent to Annex Property at I-5 and 320th Planning Manager Doc Hansen explained the petition to annex property and the intent of a property group who is interested in developing the area. He stressed that an acceptance to petition, rather than to annex or not annex at this time and that public meetings will be held regarding the issue. Council Member Koppang expressed concern that property owners would be surprised by this. Mr. Hansen said that the property owners are all aware. Deputy Mayor Honda inquired about options for annexation. Discussion ensued. Council Member Assefa-Dawson requested and received clarification on the petition to have the section annexed. Committee forwarded Option #1 (Accept the grant for $100,000 to complete a Housing Action Plan for the City) to the November 19, 2019 Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously M. Citywide Greenway Plan — Bid update and Request to rebid Capital Engineer John Cole explained that no bids were received after the first call for bids and outlined ways in which they hope to improve the bidding process to receive more interest. Chair Koppang asks if there is any anticipation of difficulty getting responses to the rebid. Mr. Cole provided details of the proposed improvements. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 6 Sara Gilchrist,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 Committee forwarded Option #1 (Authorize staff to revise the project delivery method and rebid for Citywide Greenway Plan and return to the LUTC and Council for bid award, further reports, and authorization after rebidding the project.) to the November 19, 2019 Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously Report on Progress with Aircraft Issues Policy Advisor Bill Vadino reported on current issues with the proposed expansion of SeaTac Airport, specifically noise concerns. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on December 2, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 8:16 p.m. Attest: Approved by Committee: Rebecca Kovar, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 7 Sara Gilchrist,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 This page left blank intentionally. 8 COUNCIL MEETING DATE: January 7,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION: CREATING AN ADVISORY COMMITTEE FOR THE NORTH LAKE MANAGEMENT DISTRICT NUMBER 2 AND ESTABLISHING THE DUTIES THEREOF POLICY QUESTION: Should Council approve a Resolution creating an Advisory Committee for the North Lake Management District Number 2 and establishing the duties thereof? COMMITTEE: Land Use&Transportation Committee MEETING DATE: December 2, 2019 CATEGORY: a ® Consent ❑ Ordinance F-1 Public Hearing El City Council Business ® Resolution D Other STAFF REPORT BY: Leah Myhre, Water Quality Program Coordinator DEPT: Public Works Attachments: Staff Report Proposed Resolution Options Considered: 1. Approve the proposed resolution creating an Advisory Committee for the North Lake Management District Number 2 and establishing the duties thereof. 2. Do not approve the proposed resolution and provide direction to staff. MAYOR'S RM,',OMMEN TION: Option 1. MAYOR APPROVAL_,. �`� ��" �� DIRECTOR APPROVAL: 1 t`1 C ❑a�uvtitBC.kwu rail � I/Date ° I»itial/Date ksait{4t�I:Ytud� COMMITTEE RECOMMENDATION: 1 move to forward the proposed resolution to the January 7, 2020 consent agenda for approval. _ ... _ .......... ...... Mail< Koppang,C,ol urtittee Chair Jesse Johnson,Conlinittee Menber I loan g 1`raln Coinipittee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " � .... (BELOW TQ BE(WAIPLETED BY CITY CLERK'S OFF/CE)mmm COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# _ ❑ DENIED First reading ,,,., ,m, ❑ TABLED/DEFERRED/NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 9 CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E.,Public Works Director Leah Myhre, Water Quality Program Coordinator LM SUBJECT: Resolution creating an Advisory Committee for the North Lake Management District Number 2 and establishinu the duties thereof FINANCIAL IMPACTS: North Lake Management District Number 2 (NLMD) activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to North Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the NLMD are funded through these assessments,and thus will have no direct financial impacts on the City. BACKGROUND IN1:ZORM.ATION: On October 1, 2019, City Council adopted Ordinance Number 19-876 renewing the North Lake Management District Number 2 ("District") for a duration of ten (10) years (2020 — 2029). Pursuant to RCW 36.61.120 and RCW 36.61.140,all public notice and hearing requirements for establishingthe special assessment roll of rates and charges for the District have been satisfied. The final step in the renewal process involves establishing a North Lake Management District Advisory Committee (NLAC), which will represent the property owners of the District. The NLAC will be established to: (1) at the beginning of each calendar year, discuss with the City the proposed annual work plan consistent with the lake management goals outlined in the 2004 North Lake Integrated Aquatic Vegetation Management Plan and subsequent Annual Reports (2005-2018), incorporated as Resolution Number 19-764, Exhibit B; (2) provide input and suggestions to the City regarding implementation of the District's annual work plan; (3) work with the City in the preparation of any educational materials related to North Lake and the District; (4) at the end of each calendar year, provide input to the City on the preparation of an annual report to the City of Federal Way City Council regarding progress on the District's work plan and the health of the lake; and, (5) support an annual public meeting to brief property owners within the District on the contents of the annual report and related District activities. 10 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, creating an Advisory Committee for the North Lake Management District Number 2 and establishing the duties thereof. ................-.......................-.--......... WHEREAS, on October 1, 2019, the City Council of the City of Federal Way adopted Ordinance No. 19-876 renewing the North Lake Management District Number 2 for the purpose of generating revenue to provide ongoing aquatic vegetation management,community education,and other related projects; and WHEREAS, on May 21, 2019, the City Council of the City of Federal Way approved Resolution No. 19-758 stating that, attendant to the renewal of the North Lake Management District Number 2 is the creation of an Advisory Committee. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Creation and 11tiroose. The North Lake Management District Advisory Committee is created to represent the property owners of the North Lake Management District Number 2 ("District") and advise City Council. The purpose of the Advisory Committee is to represent the property owners of the District to the City Council and (1) each spring, discuss with the City the proposed annual work plan consistent with Ordinance No. 19-876 and the 2004 North Lake Integrated Aquatic Vegetation Management Plan and subsequent Annual Reports (2005-2018), or the successors to those documents; (2) provide input and suggestions to the City regarding the implementation of the District's annual work plan; (3) work with the City in the preparation of any educational materials related to North Lake and the District; (4) each winter, review and provide Resolution No. 19- Page I of 5 Rev 1119 input to the City on the preparation of an annual report to the City Council of the City of Federal Way regarding progress on the District's work plan and the health of the lake; and (5) support an annual public meeting to brief District members on the annual report and related District activities. Section 2. Membership. A. QLualifications. Members of the Advisory Committee shall be selected from individuals who own property or represent government or commercial entities that own property within the District. The intent of the selection process shall be to proportionally represent the various property types identified in the District's assessment roll. B. Number of Members and Tertris. I Members. The Advisory Committee will be made up of seven(7)members: five (5) representing developed or vacant properties zoned for single family residential use,one(1)representing the Washington Department of Fish and Wildlife, and one (1) representing the properties formerly owned by the Weyerhaeuser Corporation. 2. Term. Each member shall serve a term of two years, except that the first members shall be appointed for different terms as follows: the member representing the Washington Department of Fish and Wildlife and two mernbers representing single family properties to serve for a period of three years, and the remaining members to serve for a period of two years. a. Term Limits.No vacant property owners shall serve longer than two (2) consecutive terms. Resolution No. 19- Page 2 of 5 Rev 1/19 12 C. A- 1)Lioii�itjneiit. The City Council shall appoint members of the Advisory Committee following an open recruitment process. Committee members shall be selected without respect to-political affiliations and shall serve without compensation. D. Removal. Members of the Committee may be removed by the Mayor of the City of Federal Way, with the concurrence of the City Council, for neglect of duty,conflict of interest, malfeasance in office, or other just cause, or for unexCUsed absences for more than three (3) consecutive regular meetings. The decision of the City Council regarding membership on the Committee shall be final and there shall be no appeal. Members finding that they are unable to attend regular meetings are expected to tender their resignation. E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments,as provided in this Resolution. F. Conflicts of interest. Members of the Committee shall fully comply with RCW42.23, Code of Ethics for Municipal Officers;RCW 42.36,Appearance of Fairness; Federal Way Code of Ethics; and such rules and regulations as may be adopted by the City Council regulating the conduct of any person holding appointive office in the City. Section 3. Mectijag Rules, A. O� lticers_Ltii(,I_QLtorLitii. The Committee shall organize and elect from its members a Chair, who shall preside at all meetings of the Committee, and a Vice-Chair. A majority of the Committee members shall constitute a quorum for transaction of business, and a majority vote of those present is necessary to carry any proposition. Resolution No. 19- Page.............. Page 3 of 5 Rev 1/19 13 B. Meeting Schedule.The Committee shall determine a regular meeting schedule(time, place, and frequency), as necessary, but no less frequent than once every three (3) months. All meetings shall be open to the public. C. Procedures, The Committee shall adopt such rules and procedures as are necessary for the conduct of its business and shall keep summary notes of its proceedings. The written notes shall be a public record. Section 4. SWT5, Lil.).port. Administrative staff support to the Advisory Committee shall be provided by the City of Federal Way Public Works Director or her/his designee. Section-5. Sunset. The Advisory Committee shall terminate at the same time as the District authorization expires unless the District is in the process of renewal. In the case of renewal, the Advisory Committee shall not terminate until a new Advisory Committee is established under the renewed District. Section 6. Seve.ral-yility. If any section, sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 19- Page 4 of 5 Rev 1/19 14 Section 9.Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. I RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: .................... STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITI-I THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19- Page 5 of 5 Rev 1/19 15 This page left blank intentionally. 16 COUNCIL MEETING DATE: January 7,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:ESTABLISHING THE TIME OF PAYMENT,INTEREST,AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR THE NORTH LAKE MANAGEMENT DISTRICT NUMBER 2 POLICY QUESTION: Should Council adopt an Ordinance establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2? COMMITTEE: Land Use &Transportation Committee MEETING DATE: December 2, 2019 CATEGORY: ❑ Consent ® Ordinance Public Hearing ❑ City Council Business ❑ Resolution Other STAFF REPORT BY: Leah Myhre, Water Quality Coordinator W DEPT: Public Works Attachments: Staff Report Proposed Ordinance Options Considered: 1. Adopt the proposed Ordinance. 2. Do not adopt the proposed Ordinance and provide direction to staff MAYOR'S Ra,C?MM�ENi, ION: Option 1. MAYOR APPROVr1I..' C DIRECTOR APPROVAL: f t awarrouitlP t �¢usueai ri0a r64i'ba& �„,,� itiogiaflJV�as;d� � Inrtial/Date " COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading On January 7, 2020, Mark Ko an ,Committee Chair Jesse Johnson, Committee Member Hoan 1"r,,in,Co1",unittCe Mc.nibcr PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JANUARY 7, 2020): "1 move to forward approval of the ordinance to the January 21, 2020 Council Meeting for enactment. " SECOND READING OF ORDINANCE(JANUARY 21,2020): "1 move approval of the proposed ordinance." __......_� (BELOW TO BE COMPLETED lt`D 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# 17 CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Leah Myhre, Water Quality Program Coordinator l.M SUBJECT: Ordinance establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments for the North LakewM ma�"nient District Number 2 FINANCIAL IMPACTS: North Lake Management District Number 2 (NLMD)activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to North Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the NLMD are funded through these assessments,and thus will have no direct financial impacts on the City. BACKGROUND INFORMATION: At the May 21,2019 City Council meeting, a public hearing date concerning the renewal of the NLMD was set for July 16, 2019, and a resolution of intent to reform the NLMD was adopted. Following the public hearing on July 16, 2019, City Council adopted a resolution to renew the NLMD and call for a vote by the affected property owners on the renewal of the proposed district, Ballots were mailed out on July 31, 2019 based on criteria in RCW 36.61.080. Valid ballots submitted prior to the voting deadline of 5:00 P.M. on August 23,2019 were tabulated,and pursuant to RCW 36.61.090,the NLMD is approved through a simple majority of votes cast in favor of the renewal. At the October 1, 2019 City Council meeting, Council adopted Ordinance Number 19-876 to renew the NLMD and set a public hearing on the assessment roll for the district for November 5, 2019. During the public hearing on November 5, 2019, Council approved Resolution 19-773 approving and confirming the special assessment roll for the North Lake Management District Number 2. In addition to establishing the special assessment roll of rates and charges, an Ordinance establishing the time of payment,interest,and penalties for assessments must be adopted by City Council,pursuant to RCW 35.21.403 and RCW 36.61.200. The proposed Ordinance will establish May 10th of each year as the due date for all annual assessments, will impose interest in the amount of one percent (1%) per month on the balance of any delinquent special assessments, and establish the penalty for late payment as the minimum allowed by RCW 36.61.200, which is five percent (5%) of the delinquent special assessment. The Ordinance also allows for a lien to be placed upon those lots, tracts, parcels of land, and other properties within the special assessment roll that fail to pay their special assessments, penalties, and interest. 18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington,establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2. WHEREAS, on October 1, 2019, the City of Federal Way City Council adopted Ordinance No. 19-876 renewing the North Lake Management District Number 2 ("District") and setting a public hearing on the assessment roll for the District; and WHEREAS, the hearing notice requirements of Chapter 36.61 RCW were satisfied and provided an opportunity for each property owner within the District to evaluate the special assessment roll and the proposed assessment for their property or properties; and WHEREAS,on November 5,2019,the City of Federal Way City Council conducted a public hearing for the purpose of accepting testimony in support of and in opposition to the special assessment roll.At the public hearing,testimony in favor of the assessment roll was provided by the Chair of the current North Lake Management District Advisory Committee; and WHEREAS, at the public hearing on November 5, 2019, there were no objections made to the special assessment roll for the District; and WHEREAS, on November 5, 2019, the City of Federal Way City Council approved Resolution No. 19-773 approving and confirming the special assessment roll for the purpose of imposing annual special assessments on property owners within the District; and WHEREAS,pursuant to RCW 35.21.403 and RCW 36.61.200,the City of Federal Way City Council must establish by ordinance the interest and penalties to be imposed on delinquent annual assessments. Ordinance No. 19- Page 1 (?1'3 Rev 2/19 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Due Date and Interest Penalties on Delitiouent Annual SD• ecial Assessments. Annual special assessment payments are due on the tenth(10th)day of May each year.Interest in the amount of one percent (1%) per month shall be imposed on the balance of delinquent special assessments. Monthly interest shall be charged on the first day of June and each subsequent month. The penalty for late payment shall be the minimum allowed by RCW 36.61.200. Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments, including penalties and interest, imposed within the North Lake Management District Number 2 shall be liened upon the respective lots, tracts, parcels of land, and other property in the special assessment roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taxes. The cost associated with filing a lien and any other collection effort will be borne by the property owner. No lien shalt extend to public property subjected to special assessments. SQction 3. SeveEt 1bility. Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses,phrase,or portion thereof, irrespective of the fact that any one or more sections,subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 19- Page 2 of 3 Rev 2/19 20 Section 4. Corrections, The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this.... day of 20.__..__• CITY OF FEDERAL WAY: JIM mFERRELL, MAYOR .._........ __ ATTEST: ..................... STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 3 of 3 Rev 2/19 21 This page left blank intentionally. 22 COUNCIL MEETING DATE: January 7, 2020 ITEM#: CITY OF FEDERAL L WAY CITY COUNCIL AGENDA DILL SUBJECT:MILITARY RD S/S 298TH ST COMPACT ROUNDABOUT—PROJECT ACCEPTANCE POLICY QUESTION: Should City Council accept the Military Rd S / S 298th St Compact Roundabout project as complete? COMMITTEE: Land Use&Transportation MEETING DATE: December 2,2019 CATEGORY: ® Consent ❑ Ordinance E] Public Hearing ❑ City Council Business ❑ Resolution El Other STAFF REPORT BY: Christine Mullen, PE, Senior Capital Eng11' DEPT Public Warks Capital Projects Attachments: Land Use&Transportation Committee Memorandum dated December 2, 2019 Options Considered: 1) Authorize final acceptance of the Military Rd S / S 298th St Compact Roundabout constructed by Active Construction,Inc., in the amount of$711,527.20 as complete. 2) Do not authorize final acceptance of the completed Military Rd S / S 298th St Compact Roundabout as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 7,2020 City Council consent agenda f •N pprova1. MAYOR APPROVAL: II niM/ t't y�c DIRECTOR APPROVAL: mmm 4IliaiiC Zo11°1 Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 7, 2020 City Council consent agenda for approval. Mark Ko an ,Committee Chair Jesse Johnson, Committee Member ' Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Military Rd S / S 298th St Compact Roundabout constructed by Active Construction, Inc. in the amount of$711,527.20 as complete." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 23 CITY OF FEDERAL WAY MEMORANDUM .......... ............. DATE: December 2, 2019 TO: City Council VIA: Jim I,errel I, Mayor E.J. Walsh, P.E., Public Works Director FROM: Christine Mullen, P.E., Senior Capital 1�',ngiiicerl SUBJECT: Military Rd S/ S 298th St Compact Roundabout -V'roject Acceptance ..................-.... ..........--........ ...... FINANCIAL IMPACTS: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. BACKGROUND INFORMATION. This project constructed a. compact roundabout with fully mountable center island at the intersection of Military Rd S/ S 298th Street, It also provided additional sidewall<s, illumination, and ADA ramps. Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue, State Employment Security Department, and State Department of Labor and Industries requirements. The Military Rd S / S 298th St Compact Roundabout project constructed by Active Construction, Inc. is complete. The final construction contract amount is $711,527.20. This is $105,489.00 below the $817,016.20 (including contingency) budget that was approved by the City Council on October 18, 2018. This project was funded with a federal HSIP grant and BEET funds. 24 COUNCIL MEETING DATE: January 7,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT CONSTRUCTION AGREEMENT BETWEEN CITY OF FEDERAL WAY AND PUGET SOUND ENERGY POLICY QUESTION: Should the City Council authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for a portion of the 2020 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: 12/2/19 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Res 'u ill, ❑ Other STAFF REPORT BY: John Cole,Capital 1 nilleer DEPT: Public Works Attachments: Memorandum to Land Use and"1 ra sp ortatbon Committee dated December 2, 2019. Options Considered: 1. Authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the overlay of a portion of Pete Von Reichbauer Way. 2. Do not authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the overlay of a portion of Pete Von Reichbauer Way and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 7,2020 Council Consent Agenda for appro 1. MAYOR APPROVAL: Aia DIRECTOR APPROVAL: VAI` IRmInitiaUDa[eliDlate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 7, 2020 consent agenda for approval. Mark Ko an m,Committee ChairWmm Jesse Johnson, Committee Member Hoan Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the 2020 Asphalt Overlay Program. " {BELOW TO BE COMPLETED BY CITYCLERX'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# 25 CITY OF FEDERAL WAY MEMORANDUM DATE: November 4, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: 1,"T Walsh, P.E., Public Woi.-ks Director John Cole,Capital Digmeenug SUBJECT: PLIgC1 Sound Energy Joint Construction Agreement—2020 Asphalt Overlay Program ................. FINANCIAL IMPACTS: Any costs incurred by the City for the construction of Puget Sound Energy's improvements, will be reimbursed as outlined in the Joint Construction Agreement. Upon completion of the project, the City will be reimbursed in full for costs associated with Puget Sound Energy's improvements. There are no impacts to future operations and maintenance funding as this is a repair of existing infrastructure. BACKGROUND INFORMATION: The estimated cost of the joint construction agreement is $381,080.60. This amount will be paid to the City of Federal Way to reimburse the City for design, construction, construction management, and project administration costs. Actual reimbursement costs for the joint construction agreement will be determined based on bid amounts from the selected contractor and actual costs incurred. Puget Sound Energy requested the City enter into a joint construction agreement for the overlay of a portion of Pete von Reichbauer Way S (from approximately 350 feet north of S. 320th St. to S. 316th St.) due to a gas main replacement. This will reduce both cost and extended public disruption of the area which is part of the 2020 Asphalt Overlay Program. A copy of the proposed agreement is attached to this memo. 26 JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE Restoration associated with PSE's Pete von Reichbauer Way S Gas Main Replacement (S 316th St. to S 319th (vic.)) THIS AGREEMENT is made and entered into this day of , 20_, by and between the City of Federal Way (hereinafter "City") and Puget Sound Energy (hereinafter "PSE"), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the 2020 Asphalt Overlay Project; and WHEREAS, in connection with the Pete von Reichbauer Way S Gas Main Replacement Project being undertaken by PSE (hereinafter "PSE Project"), PSE will be required to complete restoration throughout its project limits; and WHEREAS, the City will be completing an overlay and associated restoration on Pete von Reichbauer Way S immediately adjacent to the PSE Project; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a Public Works construction contract for asphalt overlay and additional restoration,providing design and construction management services, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. GAS MAIN REPLACEMENT SELECT GAS MAIN REMOVAL AND PERMANENT PATCHING. PSE agrees to perform predesign/design and construction work for the replacement of its facilities and removal of all abandoned gas main at all street crossings as required in its right- of-way permit. PSE shall provide the City all drawings necessary to acquire a right-of-way permit and abide by all right of way permit requirements. PSE shall complete all permanent pavement patching in accordance to the right of way permit no later than April 1, 2020. II. BIDDING AND CONSTRUCTION FOR PAVEMENT RESTORATION. It is the intention of the City and PSE that the full-width asphalt overlay shall be incorporated into the City's 2020 Asphalt Overlay Contract Bid Documents as a separate bid schedule for the PSE Project in such manner as to allow identification of the PSE Work to be performed by the City on behalf of PSE. Restoration Agreement-Pete von Reichbauer Way S Page 1 November 2019 27 III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative,construction observation, and clerical services necessary for the execution of the performance of the PSE Work. In providing such services,the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. PSE grants to the City Public Works Director and/or his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work,which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City for all actual costs incurred by the City in performing the PSE Work,which costs shall include but are not limited to the PSE Work performed by the Project contractor(s),all PSE and City requested changes as agreed upon per Section III(B) of this Agreement, and PSE's cost of the City services described in Paragraph III (A) herein, all as more particularly described in Exhibit A. B. All payments shall be due from PSE to the City within thirty (30) days after PSE receives invoice(s). Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold PSE, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. PSE agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the PSE Project and Restoration Agreement-Pete von Reichbauer Way S Page 2 November 2019 28 may be extended for additional periods of time upon mutual written agreement of the City and PSE. VII. OTHER PROVISIONS,. A. Upon completion of the construction and City's acceptance of the PSE Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work for the project. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather,the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C. Any provision of this Agreement,which is declared invalid,void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein,the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. Restoration Agreement-Pete von Reichbauer way S Page 3 November 2019 29 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY PUGET SOUND ENERGY Jim Ferrell, Mayor Andy Markos 33325 8th Avenue South Manager,Municipal Relations Federal Way, WA 98063-6325 3130S. 38 th St. (253) 835-2401 TAC-01 Tacoma, WA 98409 (253) 380-6903 APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Puget Sound Energy General Counsel ATTEST: Stephanie Courtney, City Clerk Restoration Agreement-Pete von Reichbauer Way S Page 4 November 2019 30 Exhibit A Estimated Costs Asphalt Overlay for the Pete von Reichbauer Way S Gas Main Replacement (S 316th St.to S 319th (vic.)) ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGYGAS ASPHALT OVERLAY IN THE CITY'S 2020 ASPHALT OVERLAY PROJECT Pete von Reichbauer Way S Gas Main Replacement(S 316th St.to S 319th(vic.)) Item No. Item Description Approx.Qty Unit Unit Price Total Bid MWobilization 1 LS $31,108.62' $31,108.62 2 Fla ers 450 HR $62.00 $27,900.00 3 Other Traffic Control Labor 100 HR $75.00 $7,500.00 4 Off Duty Uniformed Police Officer 1 FA $7,200.00 $7,200.00' 5 Portable Changeable Messa 1a Sign 32 DAY $100.00 $3,200.00 6 lRoadside Cleanup 1 FA $3,000.00 $3,000.00, 7 JAsphalt Conc.Pavement Sawcutting 30 LF $4.00 $120.00 8 Cement Conc.Sawcutting 175 LF $5.00 $875.00 9 Roadway Excavation Incl.Haul 105 CY $40.00 $4,200.00 10 Planing Bituminous Pavement 5,300 SY $4.50 $23,850.00 11 HIVIA Class 1/2"PG 58H-22 825 TN $90.00 $74,250.00 12 HMA Class 1/2"PG 58H-22 for Pavement Repair&Roadway Widening 105 TN $140.00 $14,700.00 13 lUtility Adjustment S EA $1,000.00 $5,000.00 14 iSod Lawn,Incl.4 In Topsoil 30 SY $70.00 $2,100.00 15 Raised Pavement Marker,Type 2 3 HUND $500.00 $1,500.00 16 Hydrant Marker,Type 2B 4 EA $20.00 $80.00 17 Adjust Monument Case&Cover 3 EA $500.00 $1,500.00 18 Cement Conc.Curb Ramp Type 1 Parallel 10 EA $7,000.00 $70,000.00 19 Detection Loos 8 EA $930.001 $7,440.00 20 Plastic Traffic Arrow 6 EA $150.00 $900.00 21 Painted Bike Symbol _ 6 EA $160.00 $960.00 22 Painted Line 2,875 LF $0.50 $1,437.50 23 Painted Edge Line 412 LF $0.50 $206.00 24 Painted Wide Line 240 LF $1.00 $240.00 25 IPlastic Crosswalk Line 135 LF $6.00 $810.00 26 IPlastic Stop Line 27 LF $10.00 $270.00 Subtotal= $290,347.12 Design $29,034.71 Engineer(Construction Management)_ $43,552.07 Project Total(Design+Construction)_ $362,933.90 5%Project Administration= $18,146.70 Project TOTAL= $381,080.60 NOTE: **Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursement to the City. Restoration Agreement-Pete von Reichbauer Way S Page 5 November 2019 31 This page left blank intentionally. 32 COUNCIL MEETING DATE: January 7,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2018 NHS PRESERVATION PROJECT—FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2018 NHS Preservation Project constructed by Miles Resources, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 2,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other m m --- m..�.m ,,,,,,,,�.......... STAFF REPORT BY: Jeff Huynh, Capital Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 2, 2019. Options Considered: 1. Authorize final acceptance of the 2018 NHS Preservation Project constructed by Miles Resources, LLC. in the amount of$2,523,274.31 as complete. 2. Do not authorize final acceptance of the completed 2018 NHS Preservation Project constructed by Miles Resources, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 7, 2020 Council Consent Agenda for approval. MAYOR APPROVAL: stA DIRECTOR APPROVAL: Initial/Date iBuiV.p r,`DzsEe Initiat/Date COMMITTEE RECOMMENDATION: 1 move to forward Option I to the January 7, 2020 consent agenda for approval. Committee Chair................................................. .......................... ... ..................... �............................ Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2018 NHS Preservation Project constructed by Miles Resources, LLC. in the amount of$2,523,274.31 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-4/2019 RESOLUTION# 33 CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directortv�''`✓J Jeff Huynh, Capital Engineer xll�k SUBJECT: 2018 NHS Preservation Project—Final Acceptance ................... ..................................................................... Financial Impacts: This is the acceptance of construction as complete, therefore no additional funds are proposed to be spent as part of this agenda item. Background Information: Prior to release of retainage on a Public Works construction project,the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2018 NHS Preservation Project contract with Miles Resources, LLC. is complete. The final construction contract amount is$2,523,274.31. This is$277,225.69 below the $2,800,500.00 (including contingency) budget that was approved by the City Council on June 19, 2018. 34 Rev.7/18 COUNCIL MEETING DATE: January 7, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2019 ASPHALT OVERLAY PROJECT—FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 2, 2019 CATEGORY: ® Consent El Ordinance El Public Hearing ❑ City Council Business El Resolution F1 Other STAFF REPORT BY: Jeff Huynh, Capital Engineer �° .' •� DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 2,2019. Options Considered: 1. Authorize final acceptance of the 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. in the amount of$1,420,082.78 as complete. 2. Do not authorize final acceptance of the completed 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 7, 2020 Council Consent Agenda for appr at, MAYOR APPROVAL: � ardtstuc4�ir,e µ / r DIRECTOR APPROVAL: Ira6ta�Ntl)aatc- laa6��w��t`Suq�c I�,it�s�IJX�atc COMMITTEE RECOMMENDATION: I move to forward Option I to the January 7, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. in the amount of$1,420,082.78 as complete." .. (BELOW _ _... . I TO BE COMPLETED BY CITY CLERK'S OFFICE) _ mmm COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIEDFirst reading ....�..........................................—. ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—4/2019 RESOLUTION# 35 CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO:: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director�'�� Jeff Huynh, Capital Engineer SUBJECT: 2019 Asphalt Overlay Project—Final Acceptance Financial Impacts: This is the acceptance of construction as complete, therefore no additional funds are proposed to be spent as part of this agenda item. Background Information: Prior to release of retainage on a Public Works construction project,the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2019 Asphalt Overlay Project contract with Miles Resources,LLC.is complete. The final construction contract amount is$1,420,082.78. This is$36,184.22 below the$1,456,267 (including contingency)budget that was approved by the City Council on March 19,2019. 36 Rev.7/18 COUNCIL MEETING DATE: ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2019 STORM PIPE REPAIR PHASE 1—PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 2, 2019 CATEGORY: ® Consent ❑ Ordinance Public Hearing ❑ City Council Business ❑ Resolution ❑ Other .............................. STAFF REPORT BY: Kent Smith P.E., Senior Capital Engineer S DEPT Public Works Attachments: Land Use and Transportation Committee memorandum dated December 2,2019 Options Considered: 1. Authorize final acceptance of the 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, LLC. in the amount of$87,251.92 as complete. 2. Do not authorize final acceptance of the completed 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, l:LC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 7, 2020 City Council Consent Agenda f approval. _ .. MAYOR APPROVAL: // . � tiI DIRECTOR APPROVAL: if t o iwriii� a�roanit,tiC � iadiisri�ilcee lniivid4 a a hflu9atii9G17,rR 1 COMMITTEE RECOMMENDATION: I move to forward Option I to the January 7, 2020 consent agenda for approval. Mark Ko a �ai1 , � u Committee Chair _ Jesse Johnson, Committee Member floang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, LLC. in the amount of$87,251.92 as complete" (BELOW TO BE COMPLETED BY CITY CLERK'S ........ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 37 CITY OF FEDERAL WAY MEMORANDUM DATE: December 2,2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor 4" FROM: E.J.Walsh,P.E., Public Works Director q Kent Smith,P.E., Senior Capital Engineer�'* SUBJECT: 2019 Storm Pipe Repair Phase I —Project Acceptance ..._....... .................... ,Financial Impacts: The cost to the City for the 2019 Storm Pipe Repair Phase I was authorized under the 2017 Surface Water Management (SWM) CEP budget update (304, Project 288) with an estimated budget of$100,000. SWM staff requested additional funding for this project as the cost of the pipe rehabilitation is higher than originally estimated. Under the 2019 budget adjustment, SWM has requested a transfer of$79,000 from the remaining balance of the recently completed Lakota Wetland Berm Repair project (304, Project 283) to this project. In accordance with the approved budget, this item is funded by S" Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Public Works Department Surface Water Management maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. PROJECT FINAL EXPENDITURES: --Construction $87,251.92 Total Project Costs $87,251.92 AVAILABLE FUNDING: Budgeted by 2017 SWM CIP Update $100,000.00 SWM Fund 304 Transfer $79,000.00 ....................._"''................. Total Available Funding $179,000.00 Background Information: This Project will repair deteriorated storm water pipes. These pipes were identified by the 2018 Storm Drain CCTV Inspection and Assessment project. The 2018 Storm Drain CCTV Inspection and Assessment project started in 2018. The goal of the project is to proactively inspect storm drain assets and identify maintenance and repair needs before they cause flooding and/or other damage. The project has identified numerous deteriorated pipes that are in need of repair. The project for repairing these deteriorated pipes has been divided into two phases. Phase I will included the pipes that must be repaired with the open cut method. Phase 11 will repair the pipes with a more cost effective trenchless method. The Phase 11 project is currently out to bid and staff will return to Council at a later date for bid award. Rev.6/2019 38 December 2,2019 Land Use and Transportation Committee 2019 Storm Pipe Repair Phase 1 —Project Acceptance Page 2 Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, LLC. is complete. The final construction contract amount is $87,251.92. This is $968.08 below the $88,220.00 (including contingency)budget that was approved by the City Council on June 15, 2019. Financial Impacts: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. 39 This page left blank intentionally. 40 COUNCIL MEETING DATE: January 7,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020/2021 SURFACE WATER MAINTENANCE AND VACTOR SERVICES CONTRACT-AUTHORIZATION TO BID POLICY QUESTION: Should City Council authorize SWM staff to bid the proposed 2020/2021 Surface Water Maintenance and Services Contract and return to LUTC and Council for bid award, further reports and authorizations? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 2, 2019 CATEGORY: ® Consent El Ordinance E Public Hearing ❑ City Council Business ❑ Resolution ❑ Other _.._..n ___ .... _..... STAFF REPORT BY: Theresa Thurlow, P l „ SWM Division Manager DEPT Public Works Attachments: Staff report. Options Considered: 1. Authorize staff to bid the proposed 2020/2021 Surface Water Maintenance and Services Contract and return to LUTC and Council for authorization to award the contract within the available project budget to the lowest responsive, responsible bidder. 2. Do not authorize staff to proceed and provide direction to staff. MAYOR'S RECOMMEND "YON: The Mayor recommends Option 1. .............._ _� r � _..... / w„ 7 DIRECTOR APPROVAL: .... MAYOR APPROVAL: t .1 a+irrrr c C NmWiil at e Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January 7, 2020 consent agenda for approval. n��,Committee Chair Jesse Johnson, Committee Member Hoang Tran, Mark 1'�� ti � n,Committee Member PROPOSED COUNCIL MOTION: `I move to authorize SWM staff to bid the 2020/2021 Surface Water Maintenance and Tactor Services Contract, and return to LUTC and Council for authorization to award the project within the available project budget to the lowest responsive, responsible bidder. " (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# 41 CITY OF FEDERAL WAY MEMORANDUM ......................... DATE: December 2, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director%/ Theresa Thurlow, P.E. Surface Water Manager Jr SUBJECT: 2020/2021 Surface Water Maintenance and Vactor Services Contract Authorization to Bid .................. FINANCIAL IMPACT: The approved SWM operational budget(40 1) for vactor set-vices in 2020 is $229,434 and the engineer's estimate for the new stormwater maintenance and services contract is $245,000 per year,with an estimated shortfall of$15,566. If a shortfall is identified after bids are opened, a budget adjustment will be requested with authorization to award the contract. The shortfall adjustment will be covered by the 2020 increase in the SWM utility rate charge. The 2020 increase has been identified as 2.3% which will result in a revenue increase of$94,993, mitigating the estimated shortfall of$15,566. BACKGROUND: The City of Federal Way Public Works Department Surface Water Management(SWM) Division is responsible for complying with the Washington State Department of Ecology National Pollutant Discharge Elimination System (NPDES) Phase 11 Municipal Stormwater Permit. The NPDES permit requires permittees to conduct regular inspections and maintenance of stormwater catch basins, inlets, manholes, and vaults owned and operated by the City of Federal Way. Regular maintenance of this infrastructure includes vactoring out sediment through the use of an industrial eductor unit,commonly referred to as a vactor truck. A vactor truck is also used by the SWM crew to restore flow in drainage system pipes that have been blocked by roots, sediment and other debris. The high velocity water is essential to reducing the risk of flooding as a result of blocked systems. As the City currently does not have in-house vactor capability, SWM staff is seeking authorization to bid a surface water maintenance and services contract for fiscal years 2020 and 2021,with an annual option to extend the contract by mutual agreement of both parties for a total contract period of three years. The current contract was awarded November 2018 for$218,592.00 with the option to extend the contract for an additional year with agreement of both parties. While the current contract is not set to expire until December 31, 2020, the contract amount is estimated to be expended by March 2020, SWM Staff do not recommend amending the 2019 contract to continue set-vice with the current service provider. As a result, Staff is requesting authorization to bid for a new contract. 42 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:REPORT ON PANHANDLING SIGNAGE POLICY QUESTION: Should the city install signs to discourage panhandling? COMMITTEE: Land Use and Transportation MEETING DATE: mmDecember 2, 2019.��.................�.......................... CATEGORY: ❑ Consent El Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution X Other ..................... . STAFF REPORT BY Bill adin „ Policy Advisor DEPT Mayor's Office Staff report attached. MAYOR'S RECOMMENDATION: The Mayor strongly does not recommend. ........ .... _ _.... ..._�.._.. .. ......... MAYOR APPROVA[ ITmm �` " DIRECTOR APPROVAL: N/A 1. mrraarrlt t"ra u:t Initial/Date Initial/Date Initdaq/'i7 9tC COMMITTEE RECOMMENDATION:N/A _... _.........................................._ ____w ............................. ......._........................_..... _____............ _..... Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoail l ran,C.olninitlee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# _.... ....... REVISED—12/2017 RESOLUTION# 43 CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use&Transportation Committee(LUTC) VIA: Jim Ferrell, Mayo / � 5iy FROM: Bill Vadino, Policy Adv" o mM SUBJECT: Report on panhandling siihai e BACKGROUND: At the December 2nd meeting, the Land Use and Transportation Committee will be briefed on signage to discourage panhandling. • Cost of signs is approximately$500 each for fabrication and installation by King County,. • The attached map proposes locations for a total of 20 signs including: o Pacific Highway S. and Dash Point Way(1) o Pacific Highway S. and 3201h(4) o S.32011, St. and 23`d Ave. S. (2) o Pacific Highway S. and 15"'Ave. S.(1) o Pacific Highway S. and S. 348 ' St(4) o Pacific Highway S. and 16"'Ave. S. (4) o SW Campus Drive and 21s`Ave. SE(4) • Total cost of this project would be approximately$10,000. • Attached are examples from the City of Lakewood and an example of a sign with the message of "It's okay to say no to panhandlers." • Locally, the City of Lakewood installed 18 in May 2018 and reports a drop-off in panhandling at those locations. • As there is a high probability of theft, tagging and vandalism, it is suggested to have funding for repair and replacement. • Those in social services, including our city community development team,believes that while the signs send a message to panhandlers, it also stigmatizes those who are legitimately in need. • The Mayor's recommendation is to not implement this signage. He believes that the signage sends a harsh and negative message to residents, those who work in the city, businesses that would potentially build or relocate businesses to the city as well as tourists. The signs also insult citizens who legitimately want to donate to the homeless. In summary, he believes that "our city is better than this.We should take this money and help the homeless with it." 44 Page 2 Map of proposed locations: Map of proposed locations: As W, e ✓i } Nil' ti„. r , 41 �( p�Wt y, (4,� 00*7 lJ '7. aam oi4 um , v , H Y U� g VIM* n Wvxo. 101 4 �- Examples from(left to right)Lakewood,WA and Dublin, Ohio. e S7N;0T" CONTRIBUTETO THE SOLUTION GIVE TO LOCAL CHARITES It's to 'Bay no itio, 45 This page left blank intentionally. 46 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA DILL SUBJECT:REPORT ON PROGRESS WITH AIRCRAFT ISSUES POLICY QUESTION: None COMMITTEE: Land Use and Transportation MEETING DATE: ...... December..2y..2.a.1.g........................................ ..._ CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resol tion X Other ---- STAFF REPORT BY: Bill Vadino, policy Advisor DEPT: Mayor's Office Attachments: Staff Report including updates on Highline Forum and update on the Department of Commerce study of Sea-Tac Airport impacts. Options Considered: N/A MAYOR'S RECOMMENDATION: N/A C. narrill ............... ��. . MAYOR APPROVAL: . DIRECTOR APPROVAL: N/A lnitiaUDate Norrtitrltl')alSa Ifli iall,ale COMMITTEE RECOMMENDATION:N/A Marls Koppang,Committee Chair Jesse Johnson Committee Member Hoang Tran Committee Member PROPOSED COUNCIL MOTION:N/A (+S"I.'�0"'TO HEC rllKI:TEDBYCITYCLERK'3OFFICE) ... ��.._� 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# 47 CITY OF FEDERAL WAY MEMORANDUM .................... DATE: December 2, 2019 TO: Land Use&Transportation Committee (LUTC) VIA: Jim Ferrell, Mayor FROM: Bill Vadino,Policy Advisor SUBJECT: Report on progress with airport issues BACKGROUND: The LUTC will be briefed on airport issues including: • Review of the November 201h meeting of the Highline Forum. • Progress report on the Washington State Department of Commerce study on Sea-Tac Airport impacts. • Update on proposed aviation related Federal legislation. • Monthly review of the Quiet and Healthy Skies Initiatives tracking report. 48