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01-05-2021 Council Packet - RegularCITY OF Federal Way CITY COUNCIL REGULAR MEETING AGENDA **AMENDED AGENDA** Remote Meeting January 5, 2021 — 6:30 p.m. Notice: Pursuant to Governor Inslee's Proclamation 20-28, all in -person meetings are prohibited until further notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 363 503 282 and passcode: 738163 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. AWC Retro Pool Refund — Peter King and Brian Bishop of AWC b. Mayor's Emerging Issues and Report • Eyes on Federal Way App — Launched December 15 • COVID-19 Vaccine Update — Emergency Manager Ray Gross • Paint the Plow Recap — EJ Walsh. Public Works Director • MILK Jr. Celebration c. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to COUNCIL@cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. r b. Downtown Staircase — Prolect Acceptance C. SW Dash Point Road at 47Lh Ave SW Compact Roundabout — 85% Design Rep y . W • 134 • r \i IT5i a =2 #7111130 a !!V1 r- i ''„••,, f. Lakota Middle School Safe Routes to School 85% Design Status Report and Authorization to •' • � ! r • i � "!' • ;• is •'' • ' a - h. Award Concrete Beveling Services - Trip Hazard Removal Contract 6. COUNCIL BUSINESS 1 '-•, i • T�i • i r • • �ejlm 1911KIIALOWAX"IMIMMMIS' First .• • i , i . • iit' S-wee,41 Lirtit• Srikriewilmevit AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SPEED LIMITS; AMENDING FWRC 8.30.020, 8.30.030, 8.30.040; AND ADDING A NEW SECTION TO FWRC 8.30. (AMENDING ORDINANCE NOS. 90-29, 92-145, 93- 177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, AND 17-832) Staff Report: Rick Perez, City Traffic Engineer Public Comment — 3 minutes each City Clerk reads Ordinance Title AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES; REPEALING AND REPLACING FEDERAL WAY REVISED CODE CHAPTERS 4.23 (SMALL WIRELESS DEPLOYMENT), 4.24 (ELIGIBLE FACILITIES REQUESTS —FEDERALLY REQUIRED REVIEW PERIODS), AND 19.256 (WIRELESS COMMUNICATIONS FACILITIES) IN THEIR ENTIRETY; REVISING CHAPTER 4.22 (FRANCHISE FOR USE OF RIGHT- OF-WAY); AND ADDING NEW CHAPTER 19.257 (ELIGIBLE FACILITIES REQUESTS). (REPEALING ORDINANCE NO. 20-890, 20-833, 19-862, AND 18-850 AND AMENDING ORDINANCE NOS. 17-833, 18-863, AND 18-851) The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. Staff Report: Desiree Winkler, Deputy Public Works Director Public Comment — 3 minutes each City Clerk reads Ordinance Title c. Council Bill 797: Comprehensive Plan Amendment/Rezone AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, AND APPROVING A CITIZEN INITIATED COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENT AND LEGISLATIVE REZONE OF 5.48 ACRES LOCATED EAST OF PACIFIC HWY AND SOUTH OF THE REDONDO HEIGHTS PARKAND RIDE, PARCELS 720480-0172, 720480-0174 AND 720480-0165 FROM HIGH DENSITY RESIDENTIAL (IRS 7.2) TO MULTIPLE FAMILY (MF 1800).(AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843 AND 19-866) Staff Report: Doc Hansen, Principal Planner Public Comment — 3 minutes each City Clerk reads Ordinance Title 8. COUNCIL REPORTS all [oil]0L11►yi1:10 The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF Feera (i,��l CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting January 5, 2021 — 6:30 p.m. Notice: Pursuant to Governor Inslee's Proclamation 20-28, all in -person meetings are prohibited until further notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 363 503 282 and passcode: 738163 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. AWC Retro Pool Refund — Peter King and Brian Bishop of AWC b. Mayor's Emerging Issues and Report • Eyes on Federal Way App — Launched December 15 • COVID-19 Vaccine Update — Emergency Manager Ray Gross • Paint the Plow Recap — EJ Walsh. Public Works Director • MLK Jr. Celebration c. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to COUNCIL@citvoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes — December 1, 2020 Regular and Special Meeting Minutes; Summary 001 December 15, 2020 Special Meeting — Legislative Breakfast I b. Downtown Staircase — Project Acceptance Dash Point itr• at 47Lh Ave SW CompactRoundabout • % Design '`if • ' •1111,11111111-• t •t III j i- • • •0 6. COUNCIL BUSINESS 310000i;� •` rt. r t. • • 1 �i r 7. ORDINANCES First Reading a. Council Bill #795: School Speed Limit Ordinance Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SPEED LIMITS; AMENDING FWRC 8.30.020, 8.30.030, 8.30.040; AND ADDING A NEW SECTION TO FWRC 8.30. (AMENDING ORDINANCE NOS. 90-29, 92-145, 93- 177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, AND 17-832) Staff Report: Rick Perez, City Traffic Engineer Public Comment — 3 minutes each City Clerk reads Ordinance Title b. Council Bill 796: Amendments to the Federal Way Revised Code (FWRC) Chapters 4 and 19 related to Wireless Telecommunication Facilities AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES; REPEALING AND REPLACING FEDERAL WAY REVISED CODE CHAPTERS 4.23 (SMALL WIRELESS DEPLOYMENT), 4.24 (ELIGIBLE FACILITIES REQUESTS - FEDERALLY REQUIRED REVIEW PERIODS), AND 19.256 (WIRELESS COMMUNICATIONS FACILITIES) IN THEIR ENTIRETY; REVISING CHAPTER 4.22 (FRANCHISE FOR USE OF RIGHT- OF-WAY); AND ADDING NEW CHAPTER 19.257 (ELIGIBLE FACILITIES REQUESTS). (REPEALING ORDINANCE NO. 20-890, 20-833, 19-862, AND 18-850 AND AMENDING ORDINANCE NOS. 17-833, 18-863, AND 18-851) The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. Staff Report: Desiree Winkler, Deputy Public Works Director Public Comment — 3 minutes each City Clerk reads Ordinance Title c. Council Bill #797: Comprehensive Plan Amendment/Rezone AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, AND APPROVING A CITIZEN INITIATED COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENT AND LEGISLATIVE REZONE OF 5.48 ACRES LOCATED EAST OF PACIFIC HWY AND SOUTH OF THE REDONDO HEIGHTS PARKAND RIDE, PARCELS 720480-0172, 720480-0174 AND 720480-0165 FROM HIGH DENSITY RESIDENTIAL (IRS 7.2) TO MULTIPLE FAMILY (MF 1800).(AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843 AND 19-866) Staff Report: Doc Hansen, Principal Planner Public Comment — 3 minutes each City Clerk reads Ordinance Title 8. COUNCIL REPORTS 9. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. i =- WAV" 0113 1J."WH 10 i,UBJECT: CITY COUNCIL MEETING MINUTES ITEM POLICY QUESTION: Should the City Council approve the draft minutes for the December 1, 2020 Regular and Special Meetings and the draft summary of December 15, 2020 Special Meeting — Legislative Breakfast? grin3wo CATEGORY: * Consent [I Ordinance El Public Hearing * City Council Business El Resolution El Other STAFF REPORT BY: Stephanie C _Step C ------------ - . . .... h City DEPT: Mayor's Office wairmlig M. -- A 2- 1. Approve the minutes as present 2. Amend the minutes as necessal MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. (BEL 0 W TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 11 APPROVED COUNCIL BILL # 13 DENIED First reading El TABLED/DEFERRED/NO ACTION Enactment reading 13 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 412019 RESOLUTION # oly OF I'A� Fbderal Vft • REGULAR MEETING MINUTES Remote Meeting December 1, 2020 — 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. 3. PRESENTATIONS a. Eyes on Federal Way Launch IT Director Thomas Fichtner provided background on the city's new software application (app) which was discussed by Mayor Ferrell during his State of the City address early this year. The app will be launched on December 15 and available on both android and apple phones. incivaing mentu A selecting it for Federal Way He provided a preview of how the mobile app and the desktop version will display and showcased some of the options citizens would use. Mayor Ferrell thanked Mr. Fichtner and his team for the hard work on this project. City Vk#Y;-IiciIm---mI4ers ?,ls# tX-rAkei St?X ?A4 2sVe� v2aius cl,2rifoAg i;uesti,#xs reg2r#I tWN-- new software and its capabilities. Federal Way City Council Regular Minutes Page I of 9 December 1, 2020 Mayor Ferrell noted he is proud of his office and the work they have done to disperse grant money to the Federal Way restaurants who have closed their indoor dining after a new round of restrictions was put into place by Governor Inslee. He noted within one week the city was able 1odistribute $40O.00Otoaid over 8Orestaurants that had been previously awarded $1.00Oand $2.QOOgrants. Policy Advisory Bill \/adinowas pleased toreport onthe new "Shop Local" marketing campaign inconjunction withMleGr8a&Federa|VVaxChamberofCommerCe.Hehae placed signs in the community and is urging community members to support the local businesses. Commerce Shelter Grant Update Community Services Manager Sarah Bridgeford provided an update on shelter Reminder: December 15City Council Meeting Canmded Mayor Ferrell reminded everyone the second meeting in December is canceled for staff and elected officials to take time off, in accordance with the Council Flu|ea of Procedure and as has been historically done. He noted ensm01e meeting with the 2021 state legislators and the City Council will be scheduled in December to review the legislative priorities. Mayor Ferrell was pleased to report on a successful and well -attend Facebook Live was involved and took time to participate. The downtown iSdecorated fortheholidays. Due toCOY|[}restrictions there was not an official community tree lighting event, howeverthe tree and snowflake lights|ighbnQ South 320th Street are on and create a festive atmosphere. He thanked the Public Works orevvo for their hard work and efforts in this regard. reported the December meeting is canceled. Land Use/Transaort6tion Comrnittee_(LUTC)- Chair Baruso stated the next meeting would bca� December 7 at 5:00 p.m. via Zoom. Finance, Economic Develooment Reoional Affairs Committee (FEDRAQ: Chair TnonnO1ed Deputy Chief Neal made an informative presentation on the police overtime budget; he thanked Chief Hvv@nQ and Deputy Chief Neal for the information. He noted the December committee meeting iscanceled. : Chair Auysefo-C)axvooncorrected information given o10previous meeting. She noted there was omeeting held onNovember 18.and the next meeting scheduled inDecember may be canceled due 1Qlack ofaquorum. Federal Way City Council Regular Minutes Page of Regional Committees Report (PIQ,,� Councilmember Moore had no report. IN I to KNQ 2 LOOP 1 V Lit are important to the community. The City Clerk read a letter from James Taylor thanking the City for the CARES Act Funding received. I I nal, WE" I I I WI q I Al ftei I RM MR N L -7miaM follows: a. Minutes: November 17 Regular and Special Meetings b. Vouchers — October 2020 C. Monthly Financial Report — October 2020 Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 21119U��� Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes -.dditional $667,660 in CDBG-CV funds for a total of $1,100,282 in Community Development Block Grant COVID-19 funding. T R funded services must have a documented connection to COVID-19. rUG0rT1rTIUfIUaII*M5 101 IYOU11115 #dZ5el #11 Me P1119JOLAb LIIdL I W U , W2FJi. stability, childcare for school -aged children, and financial recovery. Ms. Bridgeford stated following Council consideration the projects will be funded after HUD approval in January. Project timelines will 'be shorter due to the connection to Federal Way City Council Regular Minutes Page 3 of 9 December 1, 2020 Council• Ms. Bridgeford and the Human Services Commissionfor • r' and asked questions regarding the moratorium on evictions and how many Federal Way households are at risk. Citizen Comment I peasm.1115 Irm I tITTY u0se i 5 lem Rw*t* Staff • commissioners for•, work. • 1 1 1 1 : - • • r • i : - • •• • r -list• •a •. r• • • •71 Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes i Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes County.. Jail, Puyallup . i . ..'1 • Yakima County MUMMUM OMEN • - •- •: i- -i i ':• • • • the cost per •-• The Chief i noted the facility itself is in closeproximity to the city, which allows officers a shorter• • : • and puts them back into the community•iSCORE provides - i more than 40 other municipalities• • Bellevue, Federal Way City Council Regular Minutes Page 4 of 9 December 2020 i • - - VAMM��= ir-drr• •• "• �' r i �- • • •• - • . • services it has available to those housed. questions Council thanked Chief Hwang for the information he presented and asked clarifying of • Director NITAURtZETAIE1111 ATO - 10 • ` • • • �s The motion passed unanimously follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes ..- of • • -• of .i` . `• • s • • i t •. `• • . • • Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes City Attorney Ryan Call provided an overview of this case. Mr. Call noted the plaintiff's off Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes is i ` • + • :- • .. Federal Way City Council Regular Minutes Page S of 9 December 1, 2020 Council thanked Mr. Vadino and Mr. Flygare for the work on this and asked clarifyin'l- questions regarding the legislative session. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED 2021 STATE LEGISLATIVE AGENDA; • MOORE SECOND. The motion passed unanimously as • Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes SEMEE19=1 EM deceased. Arson fires in 2019 and 2020 left the interior of the house destroyed and the building unsecured. The City boarded the house in September 2020 and with no response I Trom the owners, the City initiated demolition process. The winning bid for the demolition is $29,502.11 and is within department budget limitations. The City will •' a lien ♦ the property to ♦ the expense, should the property be sold. 5011 am I I I! I I! I I! 1 1!1! R11111 1!111r. • ZMEM= • PRESIDENT HONDA MOVED `• • THE PROPOSED AGREEMENT AND •` THE MAYOR TO EXECUTE SAID AGREEMENT; COUNCILMEMBER MOORE SECOND. The motion passed ♦ as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes First • Second Reading a. Council Bill #794 ORDINANCE: 2020 BudaA��tAdi���pproved Ordinance No. 20-900 Finance Director Ade Ariwoola provided the presentation on this budget adjustment for the 2019/2020 budget which includes a second COVID-1 9 Grant from the State for $1,467,600. The appropriation of this month was allocated to Public Works, IT Equipment, FW Public Schools, Finance budget software, and local business • meeting. Federal Way City Council Regular Minutes Page 6 of 9 December 19 2020 Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Athendment/Approved Ordinance No. i • i AN ORDINANCE OF THE CITY OF FEr , RELATING TO TRANSPORTATION IMPACT AMENDING., (Amending Ordinance Nos.•' • 1 • •` and16-822) Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes c. Council Bill #791 ORDINANCE: Federal Wa Link Exfqhs�ibh AlfgfAting Kin IlApproved Ordinance No. 20-902 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING , CHANGE TO THE FEDERAL PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT. - • • . i i i i. • •' • : . , . • , r , ... • , • • . HE% i Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes d. Council Bill #792 ORDINANCE 2021-2022 Biennial Budget) p rove Federal Way City Council Regular Minutes Page 7 of 9 December 1, 2020 Ordinance No. 'I AN ORDINANCE OF OF rERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2021-2022 BIENNIAL BUDGET. • r • r• r, I...• 1 • ..•.• IN •-r [4191110••- • r • *a • -• WS RA P1 I Lflyiyk,� Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Councile. • ORDINANCE: • Propedylax Lpn lApproved Ordinance No. / 'ij AN ORDINANCE OF ■ERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY• •R THE YEAR OF 2021. - •ii I i . • i i — • i is • -=1 1_,'a,r. • • — •• •. —• • .• Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes yes CouncilmemberAssefa-Dawson had no report. She thanked the Mayor and staff on the budget. Councilmember Baruso noted this was a great meeting and also thanked the Mayor and staff for working collaboratively on budget. - •. everyone to support the local businesses and restaurants, and to please remember to wear your mask in public. Councilmember Tran feels the passage of the budget is a win -win and wished everyone a Merry Christmas i Happy Holidays. Councilmember Moore extended thanks to the staff for a good budget process; he feels th%, community is happy with this outcome. He supports the Shop Local Initiative and attended ths. Mayor's virtual meeting. He thanked Community Services Manager Sarah Bridgeford and the Humar Services a • - for all of - . • work during these difficult • —• Rom'.FIC• •• • . • '.i-i • • •• i 1•••. Federal Way City Council Regular Minutes Page 8 of 9 December 1, 2020 IlIvIgri 1111111!111yrj Council President Honda agreed tonight was a great meeting, she thanked everyone and askeroj people support local stores. She extended a Happy Holidays to all and is looking forward to a bright 2021. Mayor thanked the Council and staff for all their work, he noted the Legislative Breakfast meeting will I - &I the last meeting of the year. MZME83=- "`• •. .,UEM��W am WMIM��� Federal Way City Council Regular Minutes Page 9 of 9 December 1, 2020 cily OF 6ademl My CITY COUNCIL SPECIAL MEETING MINUTES Remote Meeting , December 1, 2020 — 5:00 p.m. ION Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, and Councilmember Linda Kochmar. K�41111 BY&.111 **4 1010 10M Plan. In 2014 the Bike and Pedestrian Plan was expanded to attract potential users and t Greenway concept began. lim, olaii6ii MINIMUM 9 Mr. Medlen spoke regarding the benefits of non -motorized transportation in the downtown .......... Federal Way City Council Special Minutes Page I of 2 December 1, 2020 advocacy group Leafline Coalition. He noted a walkable environment allows people to interact with more businesses and activities with fewer trips. Ms. Mullen provided information on projects which have been competitive in receiving grant funding, as the projects tie in regional connectivity. She also provided more details on completed projects, current projects and upcoming projects. intersection are analyzea ano not every area wouia qua I y.,• weverr-a-ale N-IMM traffic and not further impact traffic negatively. Council thanked Public Works staff for the presentation and asked clarifying questions regarding funding and school zone safety. Public Comment: - C-2 rnenM RI Me C011111111 district sees the benefits of a trail but the plan does present concerns for the safety of students at Federal Way High School. who serves on the nonmotorized committee for this project, expressed that he believes Federal Way is behind in the area of non -motorized infrastructure when compared to some other cities. Wane Carlson shared his excitement for these plans. He also concurred that there is a lack of non -motorized accessibility within the City. a. Potential Litigation Pursuant to RCW 42.30.1 10(l)(i) At 5:55 p.m. Mayor Ferrell announced the Council would be recessing into Executive. Session for the purpose of discussing issues related to potential litigation pursuant tf RCW 42.30.11 0(1)(i) approximately thirty minutes. Attest: Stephanie Courtney City Clerk WIIM��� Federal Way City Council Special Minutes Page 2 of 2 December 1, 2020 CITY OF W" t-edeml, My CITY COUNCIL SPECIAL MEETING SUMMARY WITH 30TH DISTRICT STATE LEGISLATORS REMOTEMEETING Tuesday, December 15, 2020 - 8:00 a.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. State Legislator's in attendance: Senator Claire Wilson, Representative Jesse Johnson, and Representative Elect Jamila Taylor. Mayor Ferrell excused Councilmember Tran as he was unable to attend this meeting. unmz-���M Senator Claire Wilson, Representative Jesse Johnson and Representative Elect Jamila Taylor each spoke to their overall goals and priorities for the upcoming legislative session. a. COVID-19 Humanitarian Relief discussion led byCouncilmembersAssefa-Dawson and Craft. b. COVID-19 Business Support discussion led by Council President Monda. c. Expansion of Broadband Internet discussion led by Councilmembers Craft and Moore. d. Veterans discussion led by Council President Honda. 111�� 7111111111-1111EINIR!, ij�� I Community Programs discussion led by Councilmember Assefa-Dawson and Ifloore— h. Transportation discussion led by Council President Honda and Councilmember Baruso i. Aircraft Issues discussion led by Councilmembers Assefa-Dawson & Baruso. Pluribus Unum—"Out of Many, One." discussion led by Mayor Ferrell with the participation of Council President Honda and all City Councilmembers. Federal Way City Council Special Minutes Page I of 2 Legislative Breakfast - 2021 December 15, 2020 k. Other Issues Councilmember Kochmar noted she is working with Federal Lobbyist Ehren Flygare to locate funds, potentially through the Great American Outdoors Act, to convert park fields into artificial turn in order to get more usage and profitable. Councilmember Assefa-Dawson spoke about equity policies and indicated she would like to better serve those who have been formally incarcerated. Dr Tarnmy Ca!bpb6l] thanked the city of their ongoing support and partnership of the Federal Way School District including the $100,000 of funds for hot spots to enable access for students. She remote learning. Becca Martin from the Chamber of Commerce of Federal Way expressed pleasure at two of ti legislators sitting on the economic development board working to create jobs in the south Pug Sound area. She voiced continued support of the city and the school district. i Cynthia F�cks-MaccqWn noted the ongoing work by the Youth Violence Program run by C Franciscan that works to provide services to the youth and scholars of Federal Way. As they a unable to get out and interact with the youth during this time they continue to work with King Coun Public Health and ten non-profit organizations to provide services. 6athony Hernstat, Legislative Advocate for South King Fire and Rescue (SKFR), thanked the City of Federal Way for the great partnership and the legislature for their support of the fire districi initiative. Council President Honda left the meeting at 9:13 a.m. 71T, 17-4 IT Attest: Stephanie Courtney City Clerk Federal Way City Council Special Minutes Page 2 of 2 Legislative Breakfast - 2021 December 15, 2020 COUNCIL MEETING DATE: January 5,2021 ITEM #: 5b AUMAMMEM SUBJECT: DOWNTOWN STAIRCASE — PROJECT ACCEPTANCE POLICY QUESTION: Should City Council accept the Downtown Staircase project as complete? COMMITTEE: Land Use & Transportation MEETING DATE: December 7, 2020 CATEGORY: [Z Consent Ordinance Public Hearing Ej City Council Business D Resolution Other STAFF REPORT BY: Christine Mullen, P.E.,. Senior Capital Engineer I DEPT: Public Works — Capital Projects F Options Considered: 1. Authorize final acceptance of the Downtown Staircase project constructed by R.L. Alia, Inc., in the amount of $2,607,386.31 as complete. 2. Do not authorize final acceptance of the Downtown Staircase project as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City Council consent agenda fg"pproval. # ' " ' #� COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for approval, Greg Baruso, Committee Chair" Martin Moore, Committee Member Hoang T'ran—,,Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Downtown Staircase project constructed by RL. Alia, Inc. in the amount of$2,607,38631 as complete. (qqO W TO BE COMPLETED BY CITY CLERK'S OFFICg) COUNCIL ACTION: ■APPROVED COUNCIL BILL # DENIED First reading ■TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION N oil 8 NO 9-1-B Ity,"NIZE I ME I FROM: E.J. Walsh, P.E., Public Works Director Christine Mullen, P.E., Senior Capital Engineer SUBJECT: Downtown Staircase — Project Acceptance financiaLlmpacts: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. BachUound, Information: This project constructed a staircase with an ADA-accessible ramp at the extension of 21st Avenue S at S 316th Street. 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 Downtown Staircase project constructed by R.L. Alia, Inc. is complete. The final construction contract amount is $2,607,386.31. This is $269,532.79 below the $2,876,919.10 (including contingency) budget that was approved by the City Council on February 19, 2019. U42MEM COUNCIL MEETING DATE: January 5,2021 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S-1� DASH POINT RD AT 47TH AVE S`,4 COMPACT ROUNDABOUT — 85% DESIGN REPORT & AUTHORIZATION TO BID 11"OLICY QUESTION: Should City Council authorize staff to bid the SW Dash Point Rd at 47th Ave S Compact Roundabout project and return to the LUTC and Council for bid award, further reports, and aut1torizM&wt? COMMITTEE: Land Use & Transportation MEETING DATE: December 7, 2020 CATEGORY: Consent Ordinance F-1 Public Hearing City Council Business El Resolution 0 Other STAFF REPORT BY: Christine Mullen, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects Attachments: 1. Land Use & Transportation Committee Memorandum dated December 7, 2020 Options Considered: 1. Authorize staff to bid the SW Dash Point Rd at 47th Ave SW Compact Roundabout project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City Council consent agenda for, approval. MAYORAPPROVAIA DIRECTOR APPROVAL " 0 C041101ec/ "-7 ' cAnce ® / InitialfDate COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for approval. V CA rn, I 4f V Grez Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member TROPOSED COUNCIL MOTION: "I move to authorize staff to bid the SW Dash Point Rd at 47th Ave SK' Compact Roundabout project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. " (BELOW TO �BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 1-1 APPROVED COUNCIL BILL # El DENIED First reading TABLEDIDEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION # AUX-GA-9-MMUM 008 00 ILIA h"VVE00 OR IBUV = I 1000011-76MI11 TO: Land Use & Transportation Committee VILA: Jim Ferrell, Mayor 4 FROM: E.J. Walsh, P.E., Public Works Director Christine Mullen, P.E., Senior Capital Engineer SUBJECT: SW Dash Point Rd at 47th Ave SW Compact Roundabout — 85% Design Report & Authorization to Bid Ftnantiiil ljupg�: The cost to the City for the SW Dash Point Rd at 47th Ave SW Compact Roundabout projeo was included within the approved budget under the Public Works Department, Capital Projects 306 Fund, Project 217. In accordance with the approved budget, this item is funded by a federal safety grant in the amount of $685,000 and $15,000 in Miscellaneous/Transfers. Upon completion of the 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. BAtUr0Ujq("hhjh1g�fi11: This project will construct a compact roundabout at the intersection, storm drainage improvements, and illumination improvements. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 85% complete, which includes the following tasks: • Topographic Survey • Project Design to 85% • Utility Coordination • NEPA Approval • SEPA Application • Public Outreach *ngoing Tasks Include: • Project • Design to 100% • Contract Specifications • SEPA Approval • Channelization Plan Approval December 7, 2020 Land Use and Transportation Committee SW Dash Point Rd at 47th Ave SW Compact Roundabout — 85% Design Report & Authorization to Bid Page 2 Proiect Costs: Estimated EXDenditures Design $ 175,00 2021 Construction Cost $ 660,00 10% Construction Contingency $ 66,00 Construction Management/Inspection I Total Project Costs $1,030,00 Available Fundin Grant (Federal) 815,000 City Funds (Transf S 15,000 Total Available Budget $ 830,000 W I 11 ill! 11, ftWRI r After receiving bids, the total project costs will be refined and presented to the Committee and Council for bid award authorization. Staff anticipates bidding this project in early 2021. Construction is anticii•ated to starf in SLixing 2021 with an estimated substantial comLidetion date in Fall 202 1. COUNCIL MEETING DATE: January 5,2021 ITEM #: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: P,J,.CIFICVNFY SVO POLICY QUESTION: Should the City Council authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project and return to the LUTC and Council at 85% design completion for further reports and authorization? COMMITTEE: Land Use & Transportation MEETING DATE: December 7,2020 CATEGORY: E Consent 0 Ordinance El Public Hearing 0 City Council Business 0 Resolution I] Other STAFF REPORT BY: Christine Mullen, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects Attachments: 1. Land Use& Transportation Committee Memorandum dated December 7,2020 Options Considered: I 1. Authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City Council consent agenda for approval. � n _D �IC T iiiiiI)Daw Initial/Date Er rt�tai,°i'Y 4�� 01 llcoundfl COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for approval. Greg Baruso, Committee Chair Martin Moore, Committee Member __qoang_Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Pacific Hwy S Non-Mbtorized Corridor project and return to the L UTC and Council at 85% design completion for further reports and authorization. " ZME09"I -Jauf U-* 13 APPROVED COUNCIL BILL # 13 DENIED First reading 1:1 TABLED[DEFERRED/NO ACTION Enactment reading El MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION # Au A-BAWAUM MO § 00 KIM IM1000 1XIM0 = VL4,: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Director Christine Mullen, P.E., Seniotcapio Vital E6 111F, III 1�1 111 11 illi�ill�ill 1111111111 1 1 '1 11111 111! 1 1' 1 1 11 1 1 1 11 11 1 # VinAllIgiAl lwpaq�q The cost to the City for the Pacific Hwy S Non -Motorized Corridor project was included within the approved budget under the Public Works Department, Capital Projects 306 Fund, Project 219. In accordance with the approved budget, this item is fianded by a $550,000 federal STPUL grant, a $725,000 federal CMAQ grant, and $265,000 in Traffic Impact fees and REET funds. Upon completion of the 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. BitIckground Itifbirmation: This project provides a non -motorized shared -use path along the Pacific Highway S corridor, from S 308th Street to S 288th Street. The improvements will consist of a path, that for portions of the alignment will be located within the right-of-way along 16th Ave South, including 2 segment located within the partially unopened right-of-way along 16th Ave S, north of Dash Point Rd. The improvements will include pathway surfacing, it grading, storm water The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Alternatives Analysis • Project Design to 30% • WSDOT Coordination Ongoing tasks include * Utility Coordination • On-line Open House • Right -of -Way Plan Preparation • Preliminary Contract Specifications • Project Design to 85% • NEPAJSEPA Application & Approval 1949mam December 7, 2020 Land Use and Transportation Committee Pacific Hwy S Non -Motorized Corridor — 30% Design Report Page 2 PrL oject —Costs: Estimated Exnenditures Design $ 775,000 Right -of -Way (2021-2022) $1,100,000 Construction (2024) $5,085,000 10% Construction Contingency $ 508,500 Construction Mgmt & Inspection $ 931�500 Total Project Costs $8,406,000 Available Fundin Grant (Federal - STPUL) $ 550,000 Grant (Federal — CMAQ) $ 725,000 Real Estate Excise Tax (REET) $ 231,557 Traffic Impact Fees $ 33,443 Total Available Budget $1,540,000 Projected Budget Shortfall: - $6,866,000 As the design proceeds, estimated costs will be refined. The City has one pending grant application for partial construction funding and will continue to pursue grant ftinding opportunities for the proposed improvements. COUNCIL MEETING DATE: January 5,2021 ITEM #: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 314Tu ST IMPROVEMENTS — 30% DESIGN REPORT I' OLICY QUESTION: Should the City Council authorize staff to proceed with the design of the S 314th St — Improvements project and return to the LUTC and Council at 85% design completion for further reports and authorization? MEMZ-3= VATTI I 7=J—K1-T`J—ec Mem`6777 7,71WI CATEGORY: M Consent Ordinance El Public Hearing El City Council Business Resolution 11 Other STAFF REPORT BY: Christine Mullen, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects Attachments: 1. Land Use& Transportation Committee Memorandum dated December 7,2020 Options Considered: 1. Authorize staff to proceed with the design of the S 314th St Improvements project and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. it not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City Council consent agenda for approval. I li h oil 0 ftm COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for approval. Grqg Baruso, Committee Chair Martin Moore, Committee Member 1-10ang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the S 314th St Improvements project and return to the LUTC and Council at 85% design completion for further reports and authorization. " COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED First reading C1 TABLED/DEFERRED/NO ACTION Enactment reading C3 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION A I A kVA HENVA a I ME ff-- I NO 11 0 VIA: Jim Ferrol, M�yor E.J. Walsh, P.E., Public W6rks Directr 1Pq141-1-- FROM: o ChriAhe Millen, PI., Sol& Coito1 E�Vneer 1 $11 1111 o I I 1111ILSH zz� ='M fjggg�jA 11apittst This project was included in an Octo er 2019 udget amendment under the Public Works Department, Capital Projects 306 Fund, Project 223. In accordance with the approved budget, this project is Rinded by a $300,000 state grant. 1 UN141 M-JON4 IMADJE I oil M-11 U I 13A&around Iti6mation: This project provides street improvements to bring this roadway to current City roadway standards, including curb and gutter, sidewalks, illumination, storm improvements, and street trees. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing tasks include * Utility Coordination • Right -of -Way Plan Preparation • Preliminary Contract Specifications • Project Design to 85% • SEPA Application & Approval Proiect Costs: tst6441xPenditur" Design $ 300,0 Right -of -Way Acquisition (2024) $1,660,0 Construction Cost (2025) $2,400,0 10% Construction Contingency $ 240,0 Construction Management/Inspection $ M00 Total Project Costs $4,900,011 December 7, 2020 Land Use and Transportation Committee Pacific Hwy S Non -Motorized Corridor — 30% Design Report Page 2 Available Fundin Grant (State) $ 300,000 Right -of -Way Donation by City L�� Total Available Budget $ 1,130,000 As we proceed with the design, costs will be ffirther refined. This project is being designed and then will be shelved until additional ftinds are available. Having a fully designed project increases our competitiveness in applying for grant funds for the right-of-way and/or construction phase. COUNCIL MEETING DATE: January 5,2021 ITEM #-. 5f - NUM41=0113011k, SUBJECT: LAKOTA MUDDLE SCHOOL SAFE ROUTES TO SCHOOL 85% DESIGN STATUS VIEPO COMMITTEE: Land Use and Transportation Committee CATEGORY: M Cos QOrdinance E] City Council Business Resolution STAFF REPORT BY: Jeff Huynh, Capital Engineer t:� MEETING DATE: December 7, 2020 Public Heariaip Other DEPT: Public Works Options Considered: 1. Authorize staff to complete the design and bid the Lakota Middle School Safe Routes to School and return to the LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option I be forwarded to the January 5, 2021 Council Consent Agenda for approval. 0 lw"117167.� COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the January 5, 2021 consent agenda for approval. k A�� Aib V)L Ga�g Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. ...... . ..... . . ..... . ............. === ---- ------- - ... ... ..... - ------ .... . .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: El APPROVED COUNCIL BILL # ■DENIED First read■ing TABLED/DEFERREDINO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE ft REVISED - 11 /2019 RESOLUTION # DATE: December 7, 2020 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directo Jeff Huynh, Capital Engineer SUBJECT: Lakota Middle School Safe Routes to School — 85% Design Status Report and Authorization to bid FINANCIAL IMPACTS: The cost to the City for Lakota Middle School Safe Routes to School at SW Dash Point Road Project was included within the approved budget under the Public Works Department, Capital Project #204. In accordance with the approved budget, this item is ftmded by a federal Safe Routes to School grant in the amount of $1,350,000.00 and a Washington State grant from the Transportation Improvement Board in the amount of $500,000. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and fimded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. �■! 1 1maalmga, This project provides an 8' sidewalk, planter strip, bicycle lane and street lights on the south side of SW Dash Point Road from 21s' Ave SW to SW 312th St. Upgrade existing pedestrian crossings and curb ramps at 2 Is' Ave SW to current ADA standards. Extend reduced -speed school zone through the SW 312th St intersection. 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 • Utility Coordination • NEPA Application • Preliminary Contract Specifications wmzm��� Ongoing tasks include: • WSDOT Channelization Plan Approval • NEPA Approval • Lakehaven Interlocal Agreement • Project Design to 100% • Final Contract Specifications to 100% December 7, 2020 Land Use and Transportation Committee Lakota Middle School Safe Routes to School 85% Design Status Report and Authorization to bid Page 2 Design (by City Staff) $ 170,000.00 2021 Construction Cost $1,385,000.00 10% Construction Contingency $ 138,500.00 Lakehaven Bid Schedule & Project Admin Costs* $ 750,000.00 Construction Management (bv-Qtv Stalh 156,500.00 Estimated Total Project Costs $2,600,000.00 *30% estimate Proiect Available Fundin Grant (Federal — City Safety Selections) $1,350,000.00 Grant (State-TIB) $ 500,000.00 Lakehaven Water & Sewer District $ 750.000.00 Total Available Budget $2,600,000.00 After receiving bids, the total project costs will be refined and presented to the Committee and Council for bid award authorization. Staff anticipates bidding this project in March 2021 (pending WSDOT approvals). Construction is anticipated to start in Spring 2021 with an estimated substantial completion date in Fall 2021. COUNCI L MEET ING DATE Ja nuary 5,2021 ITEM #: 5 or CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION To ACCEPT GRANT FUNDING FOR TRANSPORTATION IMPROVEMENT PROJECTS POLICY QUESTION: Should City Council authorize acceptance of transportation grant funding? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 7, 2020 CATEGORY: 0 Consent Ordinance Public Hearing F I El City Council Business F Resolution Other , STAFF REPORT BY: Rick PerezP.E_, City T al" Engineer DEPT: Public Works 11 1 1­1 I 1 11 1, "1 - r _ , . .... ..... . . .. Attachments: 1. Staff Report Options Considered: 1. Accept the proposed transportation grant funding. 2. Do not accept the proposed transportation grant funding and provide direction to staff. 77 MAYOR APPROVAL.: COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for approval. 3reg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member l!ROPOSED COUNCIL MOTION: "I move to accept the proposed transportation grantfund MELO W TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: El APPROVED COUNCIL BILL 9 DENIED First reading TABLED/DEFERRED/NO ACTION Enactment reading El MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # au A-BANNO-M 00 6 NO KIM ItIff.11WAZE IN Igo = MKI TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: Authorization to Accept Grant Fundingfor Transportation Improvement A� FINANCIAL IMPACTS: This prpject.. the S 2W sii4eet — 16' Ave S to 34`� Ave S is in the proposed 2021/2022 budget. This project has been awarded grant funding of $2,000,000.00 from the Transportation Improvement Board. The project will be designed in 2021-2022, complete right-of-way acquisition in 2022-2023, 'rW -v 'y -tn , •-ad' -i --1•'1; ik4in-202a—Staff is-L-ursuing additional L--&iaL&din-j*isjwcm i -i&r. orb revuired jf___I� matching funds of $1,500,000.00. Currently the match is scheduled to be funded out of the Transportation Capital Fund (306) which averages $2.OM per year of revenue from real estate excise tax (REET) and traffic impact fees (TIF). City Council approved applying for this TIB grant in July 2020. The S 288"' Street — 16111 Ave S to 30' Ave S project will modify the 4-lane roadway into a 3-lane roadway (one travel lane each direction And a 2-wq center torn lane) with bicycle laftes. In ad i ton, sidcw�" and curb iamps will he modified to provide iuVrpved access. The traffic sival at S 288t" and Military Road will need to be replaced to provide for the bicycle lanes and curb ramps. Minor right-of-way acquisition will also be required at the comers of 288th/Military Road. Q, 28W' Street — 16" Ave S to 34" Ave S (Design, Right-of-way, Construction) 6M COUNCIL MEETING DATE: January 5,2021 ITEM#: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 1i11111111 E11111 i, ii I � i 11 11• ii F I POLICY QUESTION: Should city council award the Concrete Beveling — Trip Hazard Removal Contract to the lowest responsive, responsible, bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE* December 7, 20QI: :41� Z Consent 0 Ordinance Public Hearing E] City Council Business 0 Resolution Other STAFF REPORT BY: Desire6 S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Award the Concrete Beveling — Trip Hazard Removal contract to Precision Concrete Cutting, Inc., the lowest responsive, responsible bidder, in the amount of $35,000.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the Concrete Beveling — Trip Hazard Removal contract provide direction to staff. MAYOR'SWC6MMENWtON: Option 1. DIRECTOR APPROVAL: allwatc-- COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for approval. La— OftBaroso, Committee Chair MartinMoore Committee Member mmittee Member PROPOSED COUNCIL MOTION: "I move to award the Concrete Beveling — Trip Hazard Removal Contract to Precision Concrete Cutting, Inc., the lowest responsive, responsible bidder, in the amount of $35, 000. 00 and authorize the Mayor to execute the contract. (BEL 0 W TO BE COMPL ETED B Y CITY CLERK'S OEFICE) COUNCIL ACTION: I] APPROVED COUNCIL BILL # 13 DENIED First reading 13 TABLED/DEFERRED/NO ACTION Enactment reading 13 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # DATE: December 7, 2020 VILA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director', FROM: Desire6 S. Winkler, P.E., Deputy Public Works Director SUBJECT: Award Concrete Beveling Services — Trip Hazard Removal Contract FINANCIIAL LWACTS: Funding for the Concrete Beveling Services — Trip Hazard Removal contract is included in the 'tol� budget for 2021/2022. Streets maintenance ftmding-consists of general funds (utility tax, sales tax, property tax, etc.) and Motor Vehicle Excise Tax (MVET). BACKGROUND INFORMATION: The city is responsible for sidewalk maintenance. The city has on -going maintenance related to uneven sidewalk surfaces that create trip hazards. These trip hazards are primarily a result of tree roots heaving the panels. One way to correct these trip hazards is to saw or grind the "high" side of the panel to be even with the adjacent panel. 11 11 1 i III I wila �Jsml M VIM, WC CSL1111ULU UVt;f ridt J. Although city staff has the capabilities of completing this type of work, and will continue to do so, the backlog is too much and the assistance of a contractor is needed. The city is prioritizing the arterials in areas of highest pedestrian usage. The city is taking advantage of state law, that allows public agencies to utilize another agencies procurement process (aka. "piggyback") to retain the contractor to complete this work. Precision Concrete Cutting, Inc., was selected by the City of Seattle through a competitive public works procurement process as the lowest, responsive, responsible bidder to provide concrete beveling trip hazard removal services through a Limited Public Works Contract. The city will enter into its own limited public works contract with Precision Concrete Cutting, Inc. with the same bid prices they provided to the City of Seattle. (see attached) The limited public works contract will be for a not -to -exceed amount of $35,000.00. Scope ant schedule will be agreed upon via task orders with work completed no later than December 3 1, t-021. BID OFFER SHEET Page 1 of I Revised 6/112020 City of Seaftle Offer sheet reflects estimated quantities for each of the item(s) in a project. Bidders are expected to identify ofimo unit cost for each item specified. The actual quantities may fluctuate up or down. The unit phmaa identified by each proposer will remain firm and will not be renegotiated if the estimated expenditure is not met orare exceeded. All unit pho*o shall include all necessary overhead and pm8L The items identified in the cost proposal for the project include all the items that will be paid on the project Billing Units Services are billed in "Inch FeeV'.An inch foot is calculated by measuring the average height ofthe sidewalk off -set and multiplying this average by the length of the cut. Example: A sidewalk off -set an a 4-foot wide sidewalk that consists of a 0.5" rise on one side, and tapers down toazero rise onthe other iscalculated am follows: t It is MANDATORY that you provide aUnit Price. If there is anerror between the Unit Price and Extended Phoa. the City will correct the Extended Price. 2 The bid prices ohed| include and cover all dud*u, handling and transportation charges and all charges incidental to the requested work excluding Sales Tax or Use Tax. Offer shall agree to all City Contract Terms and Conditions without exception. 3. Du not merk, write-in or add any exceptions to the opaoifioadona, anhedu|e, terms or conditions. Do not attach alternative boilerplate. Any such exceptions can invalidate your Offer and the Buyer can reject your Bid. 4. If you make an error in typing your prices or any corrections to your Offer Submittal, you may mark it h ink and initial the correction. If it is not marked in ink and or it is not initialled, the Buyer may reject your bid. Do not use vvhhenu1 5 Price Changes h future contract years shall be h accordance with the specifications. Whol sale and mark-up discount rates will not change through the life of the contract. Other ■pricee changes are restricted ID the specifications stated h the solicitation and the contract. ra Prompt Payment Discount — — 0 — % — 0— days. Note: Prompt payment discount periods equal to or greater than 10 calendar days will receive consideration and bid pricing will be reduced for evaluation by the amount of that discount 7 Interlocal Agreement: The City of Seattle has entered into Interlocal Agreements with other governmental agencies pursuant ID RCW 39.34, h lieu of those agencies conducting a separate competitive bid. Does Vendor agree ID provide this product or service to such agencies? Yes: No- 1T*T, W, t KiMe 5 a-zxw oi MIMUMMAMM'" Specify the Job Classification and Hourly Wage Rate that is reflected in your Offer for labor classifications that will perform the Services. NUNN= Concrete Eam Operator I Do not 241 travel time as can additional charge. Billing hours will begin when workers arrive at the jobsite. a Was, 1'r W 1. 0 1- a I I MAIR �01 rjL I&$ 111191m;Q411imil A I N is lei a n so .0 F-431THIZ1=90111 F,71K-72 IM417,d] M., suit I k,,Tr.itsizi#iLmi;!i Full Leg Signed I Printed Date: --5115118 COUNCIL MEETING DATE: January 5,2021 ITEM #: 6a CITY OF FEDERAL WAY Feffffyuaffl�� SUBJECT: S320TH ST FLAGPOLE RERABILITATION — PROJECT ACCEPTANCE COMMITTEE: Land Use & Transportation MEETING DATE: December 7, 2020 CATEGORY: Consent Ordinance Public Hearing City Council Business F1 Resolution Other — STAFF REPORT BY: John lev, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects Attachments: Land Use& Transportation Committee Memorandum dated December 7,201.1 Options Considered: 1. Authorize final acceptance of the S320th St Flagpole Rehabilitation project in the amount of $22,634.02 as complete. 2. Do not authorize final acceptance of the S320th St Flagpole Rehabilitation project as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City Council consent agenda for approval. A # MAYORAPPROVAL: oninilkpc I E COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for approval, ..... .... . . ...... PROPOSED COUNCIL MOTION: "I move approval offinal acceptance of the S320th St Flagpole Rehabilitation project in the amount of $23,634.02 as complete. COUNCIL ACTION: 11 APPROVED COUNCIL BILL # El DENIED First reading El TABLED/DEFERRED/NO ACTION Enactment reading El MOVED TO SECOND READING (ordinances only) ORDINANCE 4 REVISED - 2/2020 RESOLUTION # DATE: December 7, 2020 VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director 41q1k1\__ John, Mulkey, P.E., Senior Capital Fugid rin 9' This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. BackgEoung Information: This project constructed an in -kind replacement flagpole with a white powder coat finish utilizing the existing foundation. 11fe-C-ify-U-5uncif must accept Lne worf-�.77777 �Nrltc— State Employment Security Department, and State Department of Labor and Industries requirements. The S320th St Flagpole Rehabilitation project is complete. The final amount is$22,634.02. This is $127,365.98 below the $150,000 budget that was approved by the City Council on March 17, 2020. Mom COUNCIL MEETING DATE: January 5,2021 ITEM #: .. .... . ... .. .... . . . . ......... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPROVAL OF CONTRACT WITH VNF SOLUTIONS FOR FEDERAL LOBBYING SERVICES FOR 2021. POLICY QUESTION: Should the City of Federal Way approve a contract with VNF Solutions for Federal Lobbying Services for 2021? CATEGORY: 0 consent X City Council Business 9���Mlmlmwglv =1 Attachments: Staff Repo Options Considered: I Ordinance Resolution (1) Approve the contract. (2) Disapprove the contract. (3) Ask staff to redraft contract based on Council discussion. 3 1111 , •k I I # so #I MAYOR APPROVAL: NIA -;�M Conuniffee InitiaUDate COMMITTEE RECOMMENDATION: N/A Public Hearing Other DEPT: Mayor's Office 11IRECTOR APPROVAL: N/A InitiaUDate Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed agreement and authorize the Mayor to sign said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 11 APPROVED COUNCIL BILL # DENIED First reading TABLED/DEFERRED/NO; ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # MAO "510IMINUMM"I DATE: January 5, 2021 TO: City of Federal Way City Council VIA: Jim Ferrell, Mayor FROM: Bill Vadino, Policy Advisor SUBJECT: Staff Report Contracting with VNF Solutionsfior Federal Lobbyist Services for 2021 This staff report discusses the Mayor's recommendation to contract with VNF Solutions for Federal Lobbyist Services for 2021. During the 2021-2022 budget process, there was a consensus of the Council, with concurrent approval of the Mayor, to contract for federal lobbyist services for the year 2021. This contract would give the City of Federal Way enhanced representation in Washington D.C. to identify and advocate for funding for capital projects and other city initiatives. TINS allocation in the budget is for $60,000 for 2021. � 1 17 �641 =11 I r1mirkworl" M4 CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wwpv cilyoffederalway. com PROFESSIONAL SERVICES AGREEMENT FOR Federal Lobbying Services This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and VNF Solutions, a Washington Corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: K%310113�1 � Richard A. Agnew 1191 Second Avenue, Suite 1800 Seattle, WA 98101-2966 (206) 623-9372 (telephone) (206) 623-4986 (facsimile) raa(i�vnfcom Mayor Jim Ferrell 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2402 (telephone) (253) 835-2409 (facsimile) iim.ferrell(&,citvoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2021 in effect at the time those services are performed, performed to the City's The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or W_?V"WL in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. hod of Pqy!pgg1. On a monthly basis, the Contractor shall submit a voucher or invoice in the for.0191 4.2 specified by the City, including a description of what Services have been performed, the name of the personnel performi such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill up completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have be performed and within thirty (30) days following receipt and approval by the appropriate City representative of the vouch PROFESSIONAL SERVICES AGREEMENT - I - Rev. 3/2017 CITY OF CUTY HALL 33325 8th Avenue South 4'S Federal Way, WA 98003-6325 AN Federal Way (253) 835-7000 www cityoffederalway cam bLU11 VV94K Iffill LIM 70111K 111CCLb L11C 1C(9,J_11C111C11Ui *1 LIX Agreement. 4.3 Noh���Atjori of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. k�� 10 1136170 tw [OKIN H13 10 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial ffisuratide� Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the fourposes of this inderrmification. Contractor's indemnification shall not be limited in any way by any limitation on the ilvA,ilib", benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 Cjjy Iriddimfi&ation. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the AP-Teement and thereafter with respect to any event occuw,12 DTJf0r to sue't mwirztiisri sr te-siti-c2tirn. ?.s M 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such fo and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operatio independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, prop PROFESSIONAL SERVICES AGREEMENT -2- Rev. 3/2017 1 CITY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway com damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Idnift Of Liabilily. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Co-#,tr,?.ctor's A.P.11 -tot contribute with-Contr,?ctor's insurzxce. 6.3. Additional hi���, Verifitatibm The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 10101111 NON V be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. �qOO" AWO"$. The Contractor agrees to maintain books, records, and documents which sufficiently and,ilrol ,2erly re-tect,7114irect and indirect costs related to the Derformance of the Services snecified lal 06, U11 LEW—]'; �W(l PUrSLdIR LV Llll�i 2-k�_Wll �i U (IS SFIZ111 we S,11#3ecu, UL U1.1 ICUNUMIC LU 111SPULA10 audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. I. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contracto] r that the Contractor has the ability to control and direct the performance and details of its work, the City being interest only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor si leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as 1r_ incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of i employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize r"ROFESSIONAL SERVICES AGREEMENT -3- Rev. 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 a cMyoffederahvay cam 13.3 Compliaitce w&J�g�. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, cegulation,-�- �ci* ,tandards and yolicies as now existing or hereafter amended, ado�Ited, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the 1 1511 1 �': i-1 r c :: and eff-e- e i: 0 J)reach--o�uilt-immediate ame iliall and-remain-b WIM11101 0-11111111, Nowe A-101im glimel WV IrAmat rAWAYWHIMMMUMNIN J -4 ' 1 4 W 49 ` 0 N W 4 4 k! =9J 17' 10, $IN interpreted in accordance witb the laws, of the State ot"IT ashington. It the Parties are unable to settle any dispute, d0iterence or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in ,?,-tv -tmitber of cou-iter-*arts. each of which shall be deemed an original and with the same effect as if all Parties hereto had IN-011NIM., lima, "M 1141ialli I ag yrow 11CLUM, A hildil V1 tj J;U 11rk;CNNULJ L91 P)1(4)(I SA; 61�,11MLIC U114- dUAL1%17T1C1-j;111CJ from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. iffl�--- �� .1 =M10 •I I PROFESSIONAL SERVICES AGREEMENT -5- Rev. 3/2017 CITY Of F6deral MMEMEMIEM VNF Solutions By: Printed Name: Title: DATE: STATE OF WASHINGTON) ss. COUNTY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. M i 1111 1 UM Notary's signature Notary's printed name Not Public in and for the State of Washington. My commission expires 1•'ROFESSIONAL SERVICES AGREEMENT -6- Rev. 3/2OL7 CITY OF CITY HALL 4 33325 Sth Avenue South 'mw* Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wwwcityoffedera3iway. com EXHIBIT A 61" L The Contractor shall do or provide the following: VNF Solutions (Contractor) will represent the City of Federal Way as a federal lobbyist as defined by the Federal Legislative Agenda approved by the Mayor and Federal Way City Council. 2. Lobbying is defined as attempting to pass, stop, or amend legislation as desired by the City, as well as build a positive legislative presence for the City through face-to-face, written and electronic communications with the appropriate people. 3. Specific duties include: a. Attend meetings of the City Council, City Council committees, and with City personnel as reasonably requested. b. Complete in a timely and accurate fashion all forms and reports required of lobbyists by the federal government and other applicable jurisdictions. c. Work with Mayor or Mayor's designee to craft an annual Federal Legislative Agenda and keep Mayor or Mayor's designee up-to-date on matters of interest to the City. d. Provide correspondence and telephone or email updates to the Mayor or staff designee. U&ISJOW �_# Q -7- Rev. 3/2017 F r d6�al � 6 mmy -1 W.40,111,11811 CFTY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www0yoffederalwaycom 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed $60,000 and 0/100 Dollars ($60,000.00). 2. Method of Compensation: In consideration of the Contactor performing the Services, the City agrees to I-t,ay the Contractor an amount of Five Thousand and 0/100's Dollars ($5000.00) each month, payable by invoicry from the Contractor on the 30' day of each month during the term of the agreement. PROFESSIONAL SERVICES AGREEMENT -8- Rev. 3/2017 - - - - -------- SUBJECT: DISCUSSION REGARDING WORKING WITH OTHER SOUTH KING COUNTY CITIES ON HOUSING ACTION PLANS POLICY • To be determined • • by Council. 'CATEGORY: 1-1 Consent E] City Council Business STAFF REPORT BY: N/A Attachments: 1. None MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: NIA ITUrorkwivA., MEETING DATE: N/A E] Ordinance 0 Public Hearing E] Resolution Z Other DEPT: N/A ..... --- ------ DIRECTOR APPROVAL: N/A Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to at-s-k o,(Ny a4New MA- ir.�LLM (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 13 APPROVED COUNCIL BILL El DENIED First reading ■ TABLED/DEFERRED/NO ACTION Enactment reading ■ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # P-7 COUNCIL MEETING DATE: January 5,2021 ITEM N: ia CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: SCHOOL SPEED LIMIT ORDINANCE AMENDMENT POLICY QUESTION: Should the Council update code language on speed limits to address school zones? COMMITTEE: Land Use / Transportation MEETING DATE: Dec. 7, 2020 WENTZirem-, Consent Z Ordinance F Public Hearing , -1 City Council Business 0 Resolution El Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works ........... I .............. ....... I ...... ...................... .. I ....... ...... Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR's RE, COMMIial Date AIENDi ION: Option �1 MAYOR APPROVAL: DIRECTOR APPROVAL: C co ki, viz iaaittai117ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 5, 2021. Gr9g_13aruso, Committee Chair Martin Moore, Committee Member ��ran, Committee Member ITIRST READING OF ORDINANCE JANUARY 6,2021: "1 move to forward the proposed ordinance to the January 19, 2021 Council Meetingfor second reading and enactment. " SECOND READING OF ORDINANCE JANUARY 19,2021: "1 move approval of the proposed ordinance." (BEL 0 W TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 11 APPROVED COUNCIL BILL # El DENIED First reading El TABLED/DEFERRED/NO ACTION Enactment reading 11 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # AUSGAZUIX� MkVJ 0 M02 VA my.-MIZE )XIM0 = ME FROM: EJ Walsh, P.E., Public Works Director W—w Rick Perez, P.E., City Traffic Engineer SUBJECT: School Speed Limit Ordinance Amendment Financia!lffipacts: School speed limit sign installation and maintenance is included in Public Works Department Traffic Division #1perating budget. This code amendment codifies existing practice, thus there is no financial impact. Background Information: extend the school speed limit to include SW Dash Point Road between 21st Avenue SW and SW 312th Street, consistent with crosswalks used by students walking to Lakota Middle School. As part of the project review, since SW Dash Point Road is a state hiihw on State De ment of Transg2ortation reouirej 0 ,iji N tWsrb**1 zone qtii Washini To correct this, the draft ordinance language adds a new section that provides the Public Works Director the authority to establish school speed limits consistent with state statute. In reviewing the chapter, some language reflects outdated terminology, which this draft ordinance would correct: 1. Replacing references to the State Highway Commission with the State Secretary of Transportation; 2. Replacing references to "IF.A.I. No. 5" with "Interstate 3. Replacing "curvation" with "curvature". ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to speed limits; amending FWRC 8.30.020, 8.30.030, 8.30.040; and adding a new section to FWRC 8.30. (Amending Ordinance Nos. 90-29, 92-145, 93-177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, and 17-832) WHEREAS, the state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the City, except that the legislative authority of the City, as authorized by state law, may declare and determine by order, rule or regulation, properly adopted, that certain increased or decreased speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so established when proper signs are in place giving notice thereof; and WHEREAS, pursuant to RCW 46.61.415, whenever conditions are found to exist upon an arterial street or highway that warrant an increase in the speed permitted by state law, the City Council, subject to the approval of the Washington State Transportation Commission in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour; and WHEREAS, pursuant to FWRC 8.30.050, whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp curvation, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause, the City Council, subject to the approval of the Washington State Transportation Commission in cases involving state highways, shall determine and fix a lower Ordinance No. 20- Page I of 9 Rev 2/19 maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to less than 20 miles per hour; and WHEREAS, pursuant to RCW 46.61.440, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs; and the speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk; and WHEREAS, pursuant to RCW 46.61.440, a county or incorporated city or town may create a school or playground speed zone on a highway bordering a marked school or playground, in which zone it is unlawful for a person to operate a vehicle at a speed in excess of twenty miles per hour; and the school or playground speed zone may extend three hundred feet from the border of the school or playground property; however, the speed zone may only include area consistent with active school or playground use; and WHEREAS, this ordinance is in the interest of the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 8.30 of the Federal Way Revised Code is hereby amended to add a new section 8.30.045 to read as follows: Ordinance No. 20- Page 2 of 9 Rev 2/19 8.30.045 School Speed Limits. The public works director, subject to the approval of the State Secretary of Transportation on state highways, shall determine and establish school or playground speed zones consistent with criteria established by state law. Section 2. FWRC 8.30.020 is hereby amended to read as follows: 8.30.020 Increasing state speed limit. Whenever conditions are found to exist upon an arterial street or highway which warrant an increase in the speed permitted by state law, the city council, subject to the approval of the she highway eenimissi n state Secretary of Transportation in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour. Section 3. FWRC 8.30.030 is hereby amended to read as follows: 8.30.030 Decreasing state speed limit. Whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp ewwa4ion curvature, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause, the city council, subject to the approval of the State Highway r^mmissstate Secretary of Transportation in cases involving state highways, shall determine and fix a lower maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to less than 20 miles per hour. Ordinance No. 20- Page 3 of 9 Rev 2/19 Section 4. FWRC 8.30.040 is hereby amended to read as follows: 8.30.040 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The mayor shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this chapter. (1) Speed limit 20 mph. No person shall operate a motor vehicle upon the following described roads in excess of 20 mph: All internal park roads. 18th Place South, between South 341st Place and South 344th Street. 22nd Avenue Southwest, between Southwest 334th Street and cul-de-sac south of Southwest 334th Street. 22nd Court Southwest, between Southwest 333rd Street and cul-de-sac north of Southwest 333rd Street. 22nd Place Southwest, between Southwest 333rd Street and Southwest 334th Street. 23rd Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest 334th Street. 24th Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest 334th Street. 25th Avenue Southwest, between Southwest 334th Street and cul-de-sac south of Southwest 334th Street. Ordinance No. 20- Page 4 of 9 Rev 2/19 26th Avenue Southwest, between 100 feet north of Southwest 333rd Street to end of road south of Southwest 334th Street. Southwest 333rd Street, between 22nd Place Southwest and 26th Avenue Southwest. Southwest 334th Street, between 21 st Avenue Southwest and 26th Avenue Southwest. (2) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. 11 th Place South, between South 320th Street and South 324th Street. 20th Avenue South, between South 312th Street and South 320th Street. 16th Avenue South, between South 356th Street and South 364th Way. 23rd Avenue South, between South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South 317th Street, between 23rd Avenue South and 28th Avenue South. South 324th Street, between 1 lth Place South and 23rd Avenue South. South 364th Way, between 12th Avenue South and 16th Avenue South. Southwest 356th Street, between 20th Avenue Southwest and Pierce County. Milton Road South, between Enchanted Parkway South and South 372nd Street. South 372nd Street, between Milton Road South and Milton Road South. Milton Road South, between South 372nd Street and South 376th Street. (3) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: 1st Avenue South, between South 296th Street and South 356th Street. Ordinance No. 20- Page 5 of 9 Rev 2/19 12th Avenue South, between South 372nd Way and South 364th Way. 16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and South 348th Street. loth Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21stAvenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28th Avenue South, between South 304th Street and South 317th Street. South 288th Street, between Pacific Highway South and F.A.T.E). Interstate 5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.T. N Interstate 5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between lst Way South and Weyerhaeuser Way South. Southwest 336th Street, between 21st Avenue Southwest and 26th Place Southwest. Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser Way South. Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest. South 348th Street, between 1 st Avenue and Pacific Highway South. South 348th Street (State Route 18), between Pacific Highway South and 16th Avenue South. South 352nd Street, between Pacific Highway South and Enchanted Parkway South. South 356th Street, between 1 st Avenue South and 16th Avenue South. Ordinance No. 20- Page 6 of 9 Rev 2/19 South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific Highway South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County. Redondo Way South, between South Dash Point Road and South 284th Street (if extended). Southwest Campus Drive, between 1 st Avenue South and 21 st Avenue Southwest. South Star Lake Road, between South 272nd Street and Military Road South. Weyerhaeuser Way South, between South 320th Street and South 349th Street. Southwest Dash Point Road (State Route 509), between Pierce County and 21 st Avenue SW. (4) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet west of 1 st Avenue South and between F. ^moo Interstate 5 and 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, between 1 st Avenue South and 20th Avenue Southwest. Enchanted Parkway South (State Route 161), between South 348th Street and Milton Road South. Military Road South, F.A.I.o Interstate 5 at South Star Lake Road and F.A.I. No Interstate. 5 at South 307th Street (if extended). Pacific Highway South (State Route 99), between South 304th Street and South 359th Street. South and Southwest Dash Point Road (State Route 509), between 21 st Avenue SW and Pacific Highway South. Ordinance No. 20- Page 7 of 9 Rev 2/19 (5) Speed limit 45 mph. No person shall operate a motor vehicle upon the following described roads in excess of 45 miles per hour: Military Road South, between South 320th Street and State Route 18. Pacific Highway South (State Route 99), between South 272nd Street and South 304th Street. (6) Speed limit 50 mph. No person shall operate a motor vehicle upon the following described roads in excess of 50 miles per hour: Pacific Highway South (State Route 99), between South 359th Street and Pierce County. Section 5. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 20- Page 8 of 9 Rev 2/19 Section 8. 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 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR 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. 20- Page 9 of 9 Rev 2/19 COUNCIL MEETING DATE: January 5,2021 ITEM #: 7b CITY OF FEDERAL WAY I 1h , a T SUBJECT: ORDINANCE: AMENDMENTS TO THE FEDERAL WAY REi CODE Q-WRC) TITLES 4 AND 19 RELATED TO WIRELESS TELECOMMUNICATION FACILITIES r"OLICY QUESTION: Should City Council adopt amendments to Federal Way Revised Code Titles 4 and 19 related to wireless telecommunication facilities? COMMITTEE: Land Use and Transportation Committee X fff-i consent E Ordinance 1:1 Public Hearing City Council Business D Resolution El Other STAFF REPORT BY: Desire6 S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. q M MAYOR APPROVA IRECTORAPPROVAL ; 4uvk -/ Injitial/Date 1.Li COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 5, 2021. oil - reffllrl]]Fyli' . 1 Milo no KID OLVIAINizo IN 120 = VIIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E. Public Works Director Desire6 Winkler, P.E. Deputy Public Works Director SUBJECT: Amendments to the Federal Way Revised Code (FWRC) Chapters 4 and 19 related Wireless Telecommunication Facilities i FINANCIAL IMPACTS: The proposed code amendments will have no financial impacts on the city budget. BACKGROUND INFORMATION: Introduction The demand for wireless telecommunication bandwidth and services has grown exponentially in the past few years. Federal and state laws were adopted to facilitate rapid deployment of wireless telecommunication facilities to meet the growing demand. In response to these new federal and state laws, the city adopted code (both permanent and interim), to meet required timelines and design standards. Code Hjstor y and Content P24D W z L ri. Hmits (aka: "shot clocks") for wireless telecommunication application review. 1 1111 pill mmum� IMMAM ME= I ml- facilities. December 7, 2020 Land Use and Transportation Committee Amendments to FWRC Chapters 4 and 19 — Wireless Communication Standards Page 2 Chapter 4.22 FWRC: Updated franchise application requirements and completeness determinations and identified timelines for review of telecommunication and small wireless facilities. Chapter 4.23 FWRC: New section addressing small wireless permitting. Chapter 4.24 FVi7RC: Updated timelines permitting new wireless communication facilities. ME= [111TIMMOPM, TOM 6 7, "TAVIIIIII WTW MI IVY mM%0A5W WKI WNW -- aesthetic standards for small wireless deployments. The above regulations stemmed from the Regulatory Ruling, Order, and Regulation 85 FCC 51867 ("FCC Order") imposes limitations on the processing of all permits associated with the deployment of small wireless facilities. The FCC Order was subject to multiple appeals, which were consolidated before the Federal Ninth Circuit Court of Appeals. Oral argument for this matter was heard in February 2020 with the Declaratory Ruling and Notice of Proposed Rulemaking ("FCC Rules") issued in June 10, 2020. The city extended the interim codes to provide enough time to review the FCC Rules and amend city code accordingly. Proposed Amggdmg�� The proposed amendments will establish wireless communication facility permitting and design standards and reorganize the code to consolidate all wireless facility standards into one title. Original adoption of wireless telecommunication facility code separated the process for facilities located on city property (right-of-way and city -owned property) (Title 4) from those located on private property (Title 19). The proposed amendments provide consistency for all wireless communication facility construction and removes conflicts between chapters. A summary of the proposed amendments are as follows: 1) FWRC 4.22 Franchise for Use of Right -of -Way: a) Removed Section 4.22.060: redundant section referring to application review timelines outlined in Section 19.256. 2) FVv`RC 4.23 Small Wireless Deployment — Small Wireless Permits: a) Refers to the small wireless requirements outlined in Section 19.256. 3) FVv`RC 4.24 Eligible Facilities Requests: December 7,2020 Land Use and Transportation Committee Amendments to FWRC Chapters 4 and 19 — Wireless Communication Standards Page 3 a) Refers to the eligible facilities request requirements outlined in Section 19.257. 4) FVVRC 19.256: repealed and replaced. Consolidates all zoning, permitting, and design standards for small wireless and major facilities located within or outside of the rights -of - way. 5) FVvRC 19.257: New section for Eligible Facility Requests. Covers major and small wireless facilities within •i outside • the rights -of -way. The proposed amendments are primarily house -keeping items that re -organize the wireless communication code to consolidate zoning, permitting, and design requirements into one location and are updated • ensure consistency with federal and state law. The proposed code amendments have been shared with industry soliciting feedback. In addition, these code amendments have undergone SEPA review receiving a determination of non - significance, were subject of a public hearing and review at the December 2, 2020 Planning Commission meeting, and were provided to Washington State Department of Commerce as Notice of Intent to Adopt land use regulations. As of the date of this memo, no comments have been received. Any comments received will be shared and incorporated (if applicable) as part of the council adoption process. Planning Commission Public Hearing 12/02/2020 LUTC Review 12/07/2020 Council First Reading 1/05/2021 Council Second Reading and Enactment T, /19/2021 1 AN ORDINANCE of the City of Federal Way, Washington, relating to wireless communication facilities; repealing and replacing Federal Way Revised Code Chapters 4.23 (Small Wireless Deployment), 4.24 (Eligible Facilities Requests — Federally Required Review Periods), and 19.256 (Wireless Communications Facilities) in their entirety; revising Chapter 4.22 (Franchise for Use of Right -of -Way); and adding new Chapter 19.257 (Eligible Facilities Requests). (Repealing Ordinance No. 20-890, 20-833, 19-862, and 18-850 and amending Ordinance Nos. 17-833, 18-863, and 18-851) WHEREAS, in a constantly evolving industry, telecommunications providers are beginning to utilize a new type of technology commonly known as "small cell" facilities (herein "small wireless facilities") to implement higher bandwidths and increased demands for data; WHEREAS, the Federal Communications Commission ("FCC") has issued rules and regulations which limit local government's ability to regulate the deployment of small wireless facilities, but which allows local governments to adopt regulations affecting the aesthetics and design standards for small wireless facilities; and WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was added to Title 19 FWRC pursuant to Ordinance No. 18-850 and established initial regulations related to wireless facilities; and WHEREAS, Chapter 1.9.256 FWRC was amended pursuant to Ordinance No. 19-862 to incorporate interim zoning and design regulations regarding small wireless facilities, and these interim regulations were renewed pursuant to Ordinance 20-883 and Ordinance No. 20-890; and WHEREAS, the City has evaluated its existing wireless facilities regulations which govern macro wireless facilities as set forth in Chapter 19.256 FWRC and eligible facilities requests set Ordinance No. 20- Page 1 of 50 Rev 2/ 19 forth in Chapter 4.24 FWRC, and determined that changes are needed to address compliance with FCC rules; and WHEREAS, the City desires to repeal the entirety of the existing Chapter 19.256 FWRC and replace it with a new Chapter 19.256 that (1) reaffirms the land use and zoning regulations for major wireless facilities, (2) clarifies the application and review process for major wireless facilities, (3) adopts land use and zoning regulations and design standards for small wireless facilities and, (4) sets forth the application and approval process for small wireless facilities; and WHEREAS, the City desires to add a new Chapter 19.257 FWRC establishing a consolidated chapter for all regulations related to Eligible Facilities Requests as prescribed by federal rules and regulations; and WHEREAS, upon timely notice, the City undertook a State Environmental Policy Act (SEPA) review of these wireless communication regulations and issued a Determination of Non - Significance for this non -project action; and WHEREAS, the Washington State Department of Commerce was provided a Notice of Intent to Adopt the proposed regulations and the City received no comments on the same; and WHEREAS, the proposed regulations went before the City of Federal Way Planning Commission for review, discussion, and consideration. Upon timely notice, a public hearing was held before the Planning Commission on December 2, 2020 and continued on December 16, and subsequently, the Planning Commission issued a recommendation that the City Council adopt the regulations as presented herein; and WHEREAS, the based on careful consideration of the facts and law, including without limitation the public testimony received, the Planning Commission's recommendation dated Ordinance No. 20- Page 2 of 50 Rev 2/ 19 December 2, 2020, the Staff Report dated November 23, 2020, and records and files with the office of the City Clerk, the Federal Way City Council finds that the proposed amendments attached and incorporated herein should be approved as presented. WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Federal Way City Council finds as follows: 1. The above recitals set forth as "WHEREAS" clauses are hereby adopted as findings of fact in support of the adoption of this Ordinance. 2. The amendments that are incorporated herein comply with the requirements of the Washington State Growth Management Act and the City of Federal Way's municipal code. Section 2. FWRC 4.22.060 of the Federal Way Revised Code is hereby repealed in its entirety. Section 3. Chapter 4.23 of the Federal Way Revised Code is hereby repealed and replaced as follows: Chapter 4.23 — Small Wireless Facilities located on City Property 4.23.010 Applicability. Small wireless facilities, defined by FRWC 19.256.020, proposed to be located in the public right- of-way or on publicly owned property are subject to the requirements established in Chapter 19.256 FWRC. Section 4. Chapter 4.24 of the Federal Way Revised Code is hereby repealed and replaced as follows: Ordinance No. 20- Page 3 of 50 Rev 2/ 19 Chapter 4.24 — Eligible Facilities Requests located on City Property 4.24.010 Applicability. Eligible Facilities Requests, defined by FWRC 19.257.020(1)(c), related to an existing tower or base station located in the public right-of-way or on publicly owned property are subject to the requirements established in Chapter 19.257 FWRC. Section 5. Chapter 19.256 FWRC, approved through Ordinance 18-850 by City Council on July 18, 2018 and associated interim amendments approved through Ordinance Nos. 19-862, 20-883, and 20-890 approved by City Council on January 9, 2019, January 21, 2020 and July 21, 2020 respectively, which established wireless communication facilities regulations are hereby repealed in their entirety and replaced as follows: Chapter 19.256 WIRELESS COMMUNICATION FACILITIES Sections: 19.256.010 Purpose and Scope. 19.256.020 Exemptions. 19.256.030 Definitions. 19.256.040 Federal regulatory requirements. 19.256.050 Small wireless facility application process. 19.256.060 Small wireless facility application requirements. 19.256.070 Small wireless facility review criteria and process. 19.256.080 Small wireless facility permit requirements. 19.256.090 Small wireless facility modification. 19.256.100 Small wireless facility aesthetic, concealment, and design standards. 19.256.110 Designated design zones for small wireless facilities. 19.256.120 Major wireless communication facility application and review process. 19.256.130 Major wireless communication facility application requirements. 1.9.256.1.40 Prioritized locations for major wireless communication facilities. 19.256.150 Major wireless communication facility development standards. 1.9.256.160 Expiration of major wireless communication facility permit. 19.256.170 Nonconformance exceptions. 1.9.256.180 Temporary wireless communication facilities. 19.256.190 Collocation. Ordinance No. 20- Page 4 of 50 Rev 2/ 19 19.256.200 Removal of facility. 19.256.210 Revocation of permit. 19.256.010 Purpose and Scope. The purpose of this chapter, in addition to implementing the general purposes of the comprehensive plan and development regulations, is to regulate the activities of permitting, placement, construction and modification of wireless communication facilities in order to protect the health, safety and welfare of the public while not unreasonably interfering with the development of a competitive wireless telecommunications marketplace within the city. This chapter provides permitting and review regulations as well as aesthetic, design and concealment standards for the construction of wireless communication facilities both within and without the public right-of-way. It also provides siting options at appropriate locations within the city to support existing communications technologies, to adapt to new technologies as needed, and to minimize associated safety hazards and visual impacts. The siting of wireless communication facilities on existing buildings and structures, colocation of telecommunication facilities on a single support structure and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce visual clutter in the city. 1.9.256.020 Exemptions. (1) Exemptions. The following antennas and facilities are exempt from the provisions of this chapter and shall be permitted in all zones consistent with the applicable development standards outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations: (a) WCFs used for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of Ordinance No. 20- Page 5 of 50 Rev 2/ 19 illustration and not limitation, any communications systems utilized by first responders such as police or fire. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop appurtenances — Required screening. (c) Citizen band radios or antennas operated by federal licensing amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances — Required screening. (d) Satellite dish antennas less than two meters in diameter, including direct -to -home satellite services, when used as secondary use of the property; provided such antennas comply with all applicable provisions of FWRC 19.110.050; Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop appurtenances — Required screening. (e) Automated meter reading ("AMR") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length; so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. (f) Eligible facilities requests. See Chapter 19.257 FWRC. (g) Routine maintenance or repair of a major WCF and related equipment excluding structural work or changes in height, dimension, or visual impacts of the tower or support structure; provided, Ordinance No. 20- Page 6 of 50 Rev 2/ 19 however, that compliance with the standards of this title is maintained and a right-of-way use permit is obtained if the major WCF is located in the right-of-way. (h) Temporary major WCFs for large scale community events, limited to the duration of the event, plus two (2) days prior to the event and two (2) days after. 19.256.030 Definitions. For the purposes of this chapter, the following terms shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in Chapter 19.05 FWRC: "Antenna(s)" in the context of small wireless and wireless communication facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting radiofrequency ("RF") radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission ("FCC") authorization, for the provision of personal wireless and any commingled information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized by 47 CFR Title 15. "Antenna equipment," consistent with 47 CFR 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, are mounted or installed at the same time as the antenna. "Antenna facility" means an antenna and associated antenna equipment. "Collocation" means: (i) Mounting or installing an antenna facility on a preexisting structure; and/or (ii) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Ordinance No. 20- Page 7 of 50 Rev 2/ 19 "Concealment elements" means stealth techniques specifically designated as concealment elements at the time of the original approval of the wireless facility for the purposes of rendering the appearance of the wireless facility as something fundamentally different than a wireless facility including but not limited to the use of nonreflective materials, appropriate colors, and/or a concealment canister. "Director" means the Public Works Director or designee. "Equipment enclosure" means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. "Major wireless communication facilities" or "Major WCF" means a large wireless service facility that provides radio frequency coverage for wireless services. Generally, major WCF antennas are mounted on ground -based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Major WCF typically contain antennas that are greater than three (3) cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Major WFC include but are not limited to monopoles, lattice towers, macro cells, roof -mounted and panel antennas, and other similar facilities. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. "Service provider" shall be defined in accord with RCW 35.99.010(6). "Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless communications. "Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1). "Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services). "Telecommunications service" shall be defined in accord with RCW 35.99.010. Ordinance No. 20- Page 8 of 50 Rev 2/ 19 "Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services, and fixed wireless services such as microwave backhaul and the associated site. "Traffic signal pole" means any structure designed and used primarily for support of traffic signal displays and equipment whether for vehicular or nonmotorized users. "Transmission equipment" means equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. "Unified enclosure" means a small wireless facility providing concealment of antennas and equipment within a single enclosure. "Utility pole" means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. "Wireless communication facilities" or "WCF" means facilities used for personal wireless services. "Wireline" means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission. 1.9.256.040 Federal regulatory requirements. (1) These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any WCF that has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns. (2) WCFs shall be subject to the requirements of this Code to the extent that such requirements: (a) Do not unreasonably discriminate among providers of functionally equivalent services; and (b) Do not prohibit or have the effect of prohibiting wireless service within the city. Ordinance No. 20- Page 9 of 50 Rev 2/ 19 19.256.050 Small wireless facility application process. (1) Applicability. Any application for a small wireless facility both inside and outside of the right- of-way shall comply with the application requirements for a small wireless facility permit described in this chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to Chapter 4.22 FWRC. The small wireless facility permits are issued by the Director. (2) Completeness. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by FWRC 19.256.060 and, to the extent relevant, has submitted all the applicable items in FWRC 19.256. 050(3) and the city has confirmed that the application is complete. Franchisees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional phases of a small wireless facilities system at any time subject to the commencement of a new completeness review time period for permit processing. (3) Application Components. The Director is authorized to establish franchise and other application forms to gather the information required to evaluate the application from applicants and to determine the completeness of the application as provided herein. The application shall include the following components as applicable: (a) Franchise. If any portion of the applicant's facilities are to be located in the right-of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the requirements in Chapter 4.22 FWRC. An application for a franchise may be submitted concurrently with an application small wireless facility permit(s). Ordinance No. 20- Page 10 of 50 Rev 2/ 19 (b) Small Wireless Facility Permits. The applicant shall submit a SWF permit application as required in the small wireless facility application requirements established in FWRC 19.256.060 and pay the permit fee as set forth in the fee schedule which may be amended by City Council from time to time. (c) Associated Application(s) and Checklist(s). Any application for a small wireless permit which contains an element which is not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Title 14 FWRC. Further, any application proposing small wireless facilities in a shoreline area (pursuant to Chapter 15.05 FWRC) or a critical area (pursuant to Chapter 19.145 FWRC) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities in design zones or for new poles shall comply with the requirements in FWRC 19.256.100(5). Applications for small wireless facilities in design zones or for new poles shall comply with the requirements in FWRC 19.256.100(5). (d) Leases. An applicant who desires to attach a small wireless facility on any utility pole, light pole, or other structure or building owned by the city shall obtain a lease as a component of its application. Utility poles and the use of other public property, structures or facilities, including but not limited to any park land or facility, require city council approval of a lease or master lease agreement. 19.256.060 Small wireless facility application requirements. The following information shall be provided by all applicants for a small wireless permit. (1) The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize Ordinance No. 20- Page 11 of 50 Rev 2/ 19 existing, replacement or new poles, towers, existing buildings and/or other structures. The applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and power connections necessary for and intended for use in the small wireless facilities system regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. The applicant shall provide detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards. The application shall have sufficient detail to identify: (a) The location of overhead and, to the extent applicable, underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which the project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area. (b) The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or significant landscaping to be disturbed during construction. The applicant is discouraged from cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the applicant must comply with applicable provisions of Chapter 19.120 FWRC and Chapter 4.35 FWRC. (c) The applicant's plan for fiber and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary Ordinance No. 20- Page 12 of 50 Rev 2/ 19 to construct the small cell facility, to the extent to which the applicant is responsible for installing such fiber and power service, conduits, cables, and related improvements. Where another party is responsible for installing such fiber and power service, conduits, cables, and related improvements, applicant's construction drawings shall include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and fiber service to the small cell facility. (d) A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if the site location includes a new light pole. (e) Compliance with the applicable aesthetic requirements pursuant to FWRC 19.256.100. (2) The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design specifications for the pole, as well as assurances that the specific pole can withstand wind and seismic loads as well as assurances in accordance with subsection (6), from the pole owner, unless the pole owner is the city. For city - owned utility poles or structures, the applicant shall obtain a lease from the city prior to or concurrent with the small wireless permit application so that the city can evaluate the use of a specific pole. (3) The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar designs. (4) The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions Ordinance No. 20- Page 13 of 50 Rev 2/ 19 for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions from the entire installation. The applicant may provide one emissions report for the entire batch of small wireless facility applications if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch. (5) The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. (6) A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes. (7) A right-of-way work permit application as required by FWRC 4.25.030. (8) Proof of a valid Federal Way business license. (9) Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the structural safety of city -owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city - owned structures. (10) Such other information as the Director, in his/her reasonable discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. Ordinance No. 20- Page 14 of 50 Rev 2/ 19 19.256.070 Small wireless facility review criteria and process. (1) The following provisions relate to review of applications for a small wireless facility permit: (a) In any zone, upon application for a small wireless permit, the city will permit small wireless facilities only when the application meets the criteria of this Chapter 19.256 FWRC. (b) Vertical clearance shall be reviewed by the Director to ensure that the small wireless facilities will not pose a hazard to other users of the rights -of -way. (c) Replacement poles, new poles, and ground -mounted equipment permitted pursuant to FWRC 19.256.100(1)(b) shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the right-of- way. Further, the location of any replacement pole, new pole, or ground -mounted equipment must: be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety. (d) No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC. (e) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner's express written consent. (2) Decision. All small wireless facility applications shall be reviewed and approved or denied by the Director. The Director's decision shall be final and is not subject to appeal under city code or further review by the city. (4) Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facilities request so long as the expansion: Ordinance No. 20- Page 15 of 50 Rev 2/ 19 (a) does not defeat design concealment elements specifically designated as concealment stealth techniques, (b) it incorporates the aesthetic elements and design criteria required as conditions of approval set forth in this chapter the original small wireless facility approval in a manner consistent with the rights granted an eligible facility, and (c) does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(1). (5) Public Notice. The city shall provide notice of a complete application for a small wireless permit on the city's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed small wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. (6) Withdrawal. Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Director's decision, then reimbursement of fees submitted in association with said application shall be reduced to withhold the amount of actual and objectively reasonable city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall be no refund of all or any portion of such fee. Ordinance No. 20- Page 16 of 50 Rev 2/ 19 (7) Supplemental Information. Failure of an applicant to provide supplemental information as requested by the Director within 90 days of notice by the Director shall be grounds for denial of that application unless an extension period has been approved by the Director. If no extension period has been approved by the Director, the Director shall notify the applicant in writing that the application is denied. 19.256.080 Small wireless facility permit requirements. (1) Permit Compliance. The permittee shall comply with all of the requirements within the small wireless facility permit. (2) Post -Construction As-Builts. Upon request, the permittee shall provide the city with as-builts of the small wireless facilities, within 30 days after construction of the small wireless facility, demonstrating compliance with the permit, visual renderings submitted with the permit application and any site photographs taken. (3) Construction Time limit. Construction of the small wireless facility must be completed within 12 months after the approval date by the city. The permittee may request one extension of no more than six months, if the permittee provides an explanation as to why the small wireless facility cannot be constructed within the original 12-month period. (4) Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism of the small wireless facility and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (5) Operational Activity. The permittee shall commence operation of the small wireless facility no later than six months after installation. The permittee may request one extension for an additional Ordinance No. 20- Page 17 of 50 Rev 2/ 19 six-month period if the permittee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. 19.256.090 Small wireless facility modification. (1) If a permittee desires to modify small wireless facilities, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole -mounted or ground -mounted equipment, or modifying the concealment elements, then the permittee shall apply for a new small wireless permit. (2) A small wireless permit shall not be required for routine maintenance and repair of a small wireless facility within the rights -of -way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. An annual blanket right-of-way permit will be required for such routine maintenance, repair, or replacement and can cover all facilities owned by the applicant. 19.256.100 Small wireless facility aesthetic, concealment, and design standards. (1) All small wireless facilities shall conform with the following general aesthetic, concealment, and design standards, as applicable: (a) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in residential zones. (b) Ground -mounted equipment in the rights -of -way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole -mounted or undergrounded Ordinance No. 20- Page 18 of 50 Rev 2/ 19 equipment is technically infeasible. If ground -mounted equipment is necessary, then the applicant shall submit a concealment element plan substantially conforming to the applicable standards in FWRC 19.256.100(5)(c) and comply with the Americans with Disabilities Act ("ADA"), city construction standards, and state and federal regulations in order to provide a clear and safe passage within the public right-of-way. Generators located in the rights -of -way are prohibited. (c) No signage, message, or identification other than the manufacturer's identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs may be permitted as concealment element techniques where appropriate and safety signage as required by applicable laws, regulations, and standards is permitted. (d) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of the required concealment element requirements pursuant to FWRC 19.256.100(5)(c). (e) The design standards in this Chapter are intended to be used solely for the purpose of concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would render the small wireless facility technically infeasible or otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. Ordinance No. 20- Page 19 of 50 Rev 2/ 19 (2) General Pole Standards. In addition to complying with the general standards in FWRC 19.256.100(l), all small wireless facilities on any type of pole shall conform to the following general pole design requirements as well as the applicable pole specific standards: (a) The preferred location of a small wireless facility on a pole is the location with the least visible impact. (b) The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights -of -way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. (c) Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service in violation of 47 USC 253 and 332. (d) Replacement poles and new poles shall comply with the Americans with Disabilities Act, city construction and sidewalk clearance standards, city development standards, city ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights -of -way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety. (e) Replacement poles shall be located as near as possible to the existing pole and the abandoned pole shall be removed. Ordinance No. 20- Page 20 of 50 Rev 2/ 19 (f) Side arm mounts for antennas or equipment must be the minimum extension necessary, and for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more than six inches off the pole. (3) Nonwooden Pole Design Standards. In addition to complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small wireless facilities attached to existing or replacement nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria: (a) Antennas and the associated equipment enclosures (excluding disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush - mounted to the pole, meaning no more than 6 inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. For purposes of this section, "incompatible with the pole design" may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole. (b) The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. Ordinance No. 20- Page 21 of 50 Rev 2/ 19 (c) All conduit, cables, wires, and fiber must be routed internally in the pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. (d) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, unless the applicant can demonstrate that more space is needed. To the extent technically feasible, the antennas shall be integrated into the pole design so that they appear as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. To the extent technically feasible, all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. (e) Any replacement pole shall substantially conform to the design of the pole it is replacing (including but not limited to color, shape and style) or the neighboring pole design standards utilized within the contiguous right-of-way. (f) The height of any replacement pole and antenna(s) may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height. (g) The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (5)(c) of this section. Ordinance No. 20- Page 22 of 50 Rev 2/ 19 (h) The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. (4) Wooden pole design standards. In addition to complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small wireless facilities attached to existing or replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall conform to the following design criteria: (a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. (b) A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to Ordinance No. 20- Page 23 of 50 Rev 2/ 19 approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. (c) Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city. (d) The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole or the otherwise standard size used by the pole owner. (e) All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility. (f) To the extent technically feasible, antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. (g) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole. (h) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more than three cubic feet in volume. (i) A canister antenna may be mounted on top of an existing or replacement wooden pole, which may not exceed the height requirements described in subsection (4)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole, and to the extent technically feasible, shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. Ordinance No. 20- Page 24 of 50 Rev 2/ 19 In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. 0) The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. (k) An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. (1) All related antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner. (m) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to subsection (4)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna, and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The Ordinance No. 20- Page 25 of 50 Rev 2/ 19 applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. (n) An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs. (o) The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible. (p) The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. (5) Small wireless facilities on new poles in the rights -of -way or in a design zone. In addition to complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small Ordinance No. 20- Page 26 of 50 Rev 2/ 19 wireless facilities proposed to be attached to new poles or in a design zone shall comply with following: (a) New poles within the rights -of -way are only permitted if the applicant can establish that: (i) The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights -of -way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone, whether by roof or panel mount or separate structure; (ii) The proposed small wireless facility receives approval for a concealment element design, as described in this subsection; (iii) The proposed small wireless facility also complies with Shoreline Management Act, Growth Management Act, and State Environmental Policy Act, if applicable; and (iv) No new poles shall be located in a critical area or associated buffer required by the city's environmentally critical areas ordinance, Chapter 19.145 FWRC, except when determined to be exempt pursuant to said ordinance. (b) An application for a new pole is subject to administrative review by the Director. (c) All new poles shall conform to the city's standard pole design established in the city's public works development standards. If no existing metered service is available, the applicant shall provide new metered electrical service. If the city's standard pole design is technically infeasible, the new pole shall meet the following: (i) The concealment element design shall include the design of the screening, fencing, or other concealment technology for a tower, pole, or equipment enclosure, and all related Ordinance No. 20- Page 27 of 50 Rev 2/ 19 transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. (ii) The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights -of -way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Director otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture — or the appearance thereof — as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wires are installed internally within the structure. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted pursuant to this section. (iii) If the Director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it Ordinance No. 20- Page 28 of 50 Rev 2/ 19 can show that such concealment element design is not physically or technically feasible, or that such design would undermine the generally applicable design standards. (iv) Even if an alternative location is established pursuant to subsection (5)(a)(i) of this section, the Director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the concealment element design, the city's comprehensive plan and the added benefits to the community. (v) Prior to the issuance of a permit to construct a new pole or ground -mounted equipment in the right-of-way, the applicant must obtain a master lease agreement from the city to locate such new pole or ground -mounted equipment. This requirement also applies to replacement poles that are taller than the replaced pole, when the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet. (6) Small wireless facilities attached to cables. In addition to complying with the applicable general standards in FWRC 19.256.100(1), all small wireless facilities mounted on existing cables strung between existing utility poles shall conform to the following standards: (a) Each strand -mounted facility shall not exceed three cubic feet in volume; (b) Only one strand -mounted facility is permitted per cable between any two existing poles on an existing cable; (c) The strand -mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than five feet from the pole unless that location is technically infeasible or is not allowed by the pole owner for safety clearance; (d) No strand -mounted device shall be located in or above the portion of the roadway open to vehicular traffic; Ordinance No. 20- Page 29 of 50 Rev 2/ 19 (e) Ground -mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by a third party electrical service provider; and (f) Pole -mounted equipment shall comply with the requirements of subsections (a) and (b) of this section. (g) Such strand -mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). (7) Small wireless facilities attached to existing buildings. In addition to complying with the applicable general standards in FWRC 19.256.100(1), all small wireless facilities attached to existing buildings shall conform to the following design criteria: (a) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme. (b) The interruption of architectural lines or horizontal or vertical reveals is discouraged. (c) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. (d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. (e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. (f) To the extent technically feasible, small wireless facilities shall be painted and textured to match the adjacent building surfaces. Ordinance No. 20- Page 30 of 50 Rev 2/ 19 19.256.110 Designated design zones for small wireless facilities. Design zones. The following zones are designated as design zones for the purpose of the application of the provisions of this chapter: (1) City center core (CC-C); (2) City center frame (CC-F); (3) Designated landmark districts. 19.256.120 Major wireless communication facility application and review process. (1) Application. Upon receipt of a complete application for a major wireless communication facility, the application shall be processed as a Process II application; provided that temporary major WCFs are subject to Process I review. See Chapters 19.60 and 19.55 FWRC. (2) Public Notice. Notice shall be provided as required for Process I and II applications. (3) Review. The Director shall review the application for conformance with the application requirements and review criteria to determine whether the application is consistent with this chapter. (4) Decision. A permit may be granted, granted with conditions pursuant to this chapter and the code, or denied. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. If the application cannot meet the standards of this chapter through the imposition of reasonable conditions, the application shall be denied. 19.256.130 Major wireless communication facility application requirements. (1) Process II permit applications for major WCFs, excluding temporary major WCFs, shall include the following minimum information in addition to that required for the underlying permit review process: Ordinance No. 20- Page 31 of 50 Rev 2/ 19 (a) A diagram or map showing the primary viewshed of the proposed facility. (b) Three photo simulations of the proposed facility from affected properties and/or public rights -of -way at varying distances. These photo simulations should include examples of camouflage and stealth installation options, if applicable. (c) Architectural elevations of proposed facility and site. (d) If applicable, a propagation map of the proposed major WCF at the requested height and an explanation of the need for that facility at that height and in that location. (e) An inventory of other major WCF sites operated by the applicant and all other service providers within a half -mile radius of the proposed major WCF location. (f) A site/landscaping plan showing the specific placement of the major WCF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of proposed plant materials used to screen WCF components. (g) If the major WCF equipment cabinet is proposed to be located above ground, an explanation of why it is impracticable to locate the cabinet underground. (h) Documentation of efforts to collocate on existing facilities. (i) In proposing a major WCF in a particular location, the applicant shall analyze the feasibility of locating the proposed major WCF in each of the higher priority locations and document, to the city's satisfaction, why locating the major WCF in each higher priority location and/or zone is not being proposed. 0) If proposing a new tower, the applicant shall submit a signed statement indicating they agree to allow for the potential collocation of additional major WCF equipment by other service providers on the applicant's structure or within the same wireless site location. If an applicant Ordinance No. 20- Page 32 of 50 Rev 2/ 19 contends that future collocation is not possible on its site, it must submit a technical study documenting why. (k) The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (2) Process I permit applications for temporary WCFs shall include the following minimum information: (a) Documentation of previously permitted facility, if applicable. (b) Site plan showing proposed location of temporary WCF in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Mockups or other visual representations of the proposed facility. 1.9.256.1.40 Prioritized locations for major wireless communication facilities. The following sites shall be the required order of location for proposed major WCFs, including antenna and equipment enclosures. In order of preference, the prioritized locations for major WCFs are as follows: (1) Structures located in the BPA transmission easement. A major WCF may be located on any existing support structure currently located in the easement upon which are located U.S. Ordinance No. 20- Page 33 of 50 Rev 2/ 19 Department of Energy/Bonneville Power Administration (`BPA") power lines regardless of underlying zoning. (2) Existing wireless sites and towers. A major WCF may be located on an existing site or tower where a legal WCF is currently located regardless of underlying zoning. If an existing wireless site or tower is located within a half -mile radius of a proposed major WCF location, the applicant shall document why collocation on the existing wireless site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. (3) Institutional uses and structures. If the city, a utility, institutional uses, or other public agency consents to such location, a major WCF may be located on existing structures, such as water towers, utility structures, fire stations, bridges, churches, schools, and other public buildings within all zoning districts, provided the public facilities are not located within public rights -of -way. (4) Appropriate zoning districts. A major WCF may be located in or on other public or private property, buildings, or structures within nonresidential zoning districts as allowed by the zoning chart. (5) If the applicant demonstrates to the city's satisfaction that it is not technically feasible to site in a prioritized location, or as expressly allowed by the zoning chart, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city through a Process III review using the following test: Would denial of the application effectively prohibit the provision of service in violation of 47 USC 253 and/or 332? Ordinance No. 20- Page 34 of 50 Rev 2/ 19 19.256.150 Major wireless communication facility development standards. The following development standards shall be followed in the design, siting, and construction of a major WCF: (1) Building- or structure -mounted major WCFs on existing buildings or structures outside of the public right-of-way. Major WCFs mounted on existing buildings and structures shall conform to the following development standards: (a) The equipment cabinet for the major WCF shall meet all requirements of subsection (4) of this section. (b) The maximum size of the major WCF panels and number of antennas shall the minimum necessary to achieve the service objective. (c) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height of the underlying zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not extend beyond 15 feet above the maximum height of the structure as defined per FWRC 19.05.080, H definitions. (d) The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures. (e) It is the applicant's responsibility to prove that the proposed size of the major WCF panels and number of antennas is the minimum size and number necessary. (f) Within residential zones, equipment enclosures, and buildings to house equipment cabinets located above ground shall meet all applicable setback requirements for residential development Ordinance No. 20- Page 35 of 50 Rev 2/ 19 of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. (g) The major WCF shall comply with all other applicable standards of this code. (2) New freestanding major WCFs. All requirements of the associated land use zoning charts must be met. Additionally, these structures shall conform to the following site development standards: (a) Placement of a freestanding major WCF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. (b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more service providers as part of a joint permit application. (c) A freestanding major WCF may not be located closer than 500 feet to an existing freestanding major WCF whether it is owned or utilized by the applicant or another service provider, unless the applicant demonstrates that a closer distance is justified by technical need or better screening result. (d) A freestanding major WCF, including the support structure and associated equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding major WCFs shall be 20 feet for front, side, and rear yards. Ordinance No. 20- Page 36 of 50 Rev 2/ 19 (e) Freestanding major WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: (i) Use existing site features to screen as much of the total WCF as feasible from prevalent views; and/or (ii) Use existing site features as a background so that the total major WCF blends into the background with increased distances. (f) In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. (3) Standards for equipment cabinets. Equipment cabinets shall either: (a) Be placed in a new or existing completely enclosed building. It is the applicant's responsibility to prove that the proposed size of the building is the minimum size necessary to house the equipment; or (b) Be placed above ground in a new or existing equipment enclosure. It is the applicant's responsibility to prove that the proposed size of the equipment enclosure is the minimum size necessary to house the equipment. If the equipment enclosure is located within a new enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The enclosed building shall be screened to the greatest extent feasible from any street and/or adjacent properties by landscaping and/or topography. Ordinance No. 20- Page 37 of 50 Rev 2/ 19 (4) Standards for equipment enclosures. (a) Equipment enclosures shall not be allowed within the right-of-way. (b) In residential zones, equipment enclosures located above ground on properties shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards; however, for undeveloped sites in nonresidential zones, if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landscape buffer requirements of the underlying zone, as determined appropriate by the Director, the equipment enclosure can be located inside of the 20-foot setback but outside of the required landscaping buffer of the underlying zone. (c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. (d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. (e) Equipment enclosures and screening shall not adversely impact vehicular sight distance. (5) Security fencing. (a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain -link fences shall be painted or coated with a nonreflective color. Ordinance No. 20- Page 38 of 50 Rev 2/ 19 (6) Cumulative effects. The city shall consider the cumulative visual effects of major WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely affect the visual character of the city. (7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warning, and name of service provider; provided that, safety signage as required by applicable laws, regulations, and standards is permitted. (8) Use zone charts, height and permit process. (a) The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relative to the appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. 19.256.160 Expiration of major wireless communication facility permit. A major WCF permit issued under this chapter must be substantially implemented within three years from the date of final approval or the permit shall expire. The holder of the permit may request one extension to be limited to 12 months, if the applicant cannot construct the major WCF within the original three-year period. 19.256.170 Nonconformance exceptions. Permit applications made under this section to locate a major WCF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance as follows: Ordinance No. 20- Page 39 of 50 Rev 2/ 19 (1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 19.30.110. (2) To bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality shall apply. 19.256.180 Temporary major wireless communication facilities. (1) As determined by the Director, a temporary major WCF may be deployed and operated with a Process I approval as follows: (a) The temporary major WCF creates no adverse public health or safety impacts. (b) Only one temporary major WCF shall be permitted per single property. (c) Prior to installation of the temporary major WCF, the applicant shall provide the city with a cash bond in an amount to be determined by the Director in order to guarantee performance of future removal and restoration of the site. (2) Temporary major WCF may be permitted for a duration not to exceed: (a) up to ninety (90) days if for a community event; or (b) up to six (6) months if the temporary major WCF applicant can demonstrate to the city's satisfaction that the permanent underlying structure is being redeveloped. 19.256.190 Collocation. (1) A permittee shall cooperate with other service providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocatees have Ordinance No. 20- Page 40 of 50 Rev 2/ 19 received a permit for such use at said site from the city. A permittee shall allow other service providers to collocate and share the permitted site, provided such shared use does not give rise to a technical impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new service provider, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. 19.256.200 Removal of facility. (1) Abandonment and removal. The owner or operator of a WCF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a WCF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the WCF is abandoned. The abandoned WCF shall be removed by the facility owner within 90 days of the date the WCF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance that could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (2) Partial abandonment and removal. If the abandoned antennas on any major WCF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the major WCF shall be considered partially abandoned. The owner or operator of any partially abandoned major WCF shall notify the city in writing of the partial abandonment Ordinance No. 20- Page 41 of 50 Rev 2/ 19 of a particular facility within 30 days of the date the major WCF is partially abandoned. The owner of the major WCF shall have 120 days from the date of partial abandonment to collocate another service on the major WCF. If another service provider is not added to the major WCF within the allowed 120-day collocation period, the owner shall, in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure that exceeds the point at which the highest operational antenna is mounted. (3) Removal and lien. If the owner or operator fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in Chapter 1.15 FWRC. 19.256.210 Revocation of permit. A permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons: (1) Failure to comply with any federal, state, or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3) When the permit was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other major WCF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for RF emissions; and Ordinance No. 20- Page 42 of 50 Rev 2/ 19 (6) Pursuant to FWRC 19.05.300(3), the city shall use the same criteria to determine if the permit shall be revoked as it used to grant the permit. Section 6. Title 19 of the Federal Way Revised Code is hereby amended by the addition of a new Chapter — 19.257 "Eligible Facilities Requests": Chapter 19.257 ELIGIBLE FACILITIES REQUESTS Sections: 19.257.010 Purpose 19.257.020 Definitions 19.257.030 Application. 19.257.040 Qualification as an eligible facilities request. 19.257.050 Time frame for review. 19.257.060 Tolling of the time frame for review. 19.257.070 Determination that application is not an eligible facilities request. 19.257.080 Failure to act. 19.257.010 Purpose. Under 47 U.S.C. § 1455 and relevant Federal Communications Commission ("FCC") regulations, a local jurisdiction must approve a modification of a wireless facility qualifying as an eligible facility request. Accordingly, the city adopts the following provisions for review of applications for eligible facility requests as defined by this chapter and federal law. 1.9.257.020 Definitions. (1) Definitions. The following definitions shall apply to eligible facilities requests only as described in this chapter: (a) "Base station" means a structure or equipment at a fixed location that enables FCC - licensed or authorized wireless communications between user equipment and a communications Ordinance No. 20- Page 43 of 50 Rev 2/ 19 network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation: (i) Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small wireless networks). (iii) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (1)(a)(i) and (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. (iv) The term does not include any structure that, at the time the eligible facilities request application is filed with the city, does not support or house equipment described in subsections (1)(a)(i) and (ii) of this section. (b) "Collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. (c) "Eligible facilities request" means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: Ordinance No. 20- Page 44 of 50 Rev 2/ 19 (i) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment. (d) "Eligible support structure" means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city. (e) Existing. A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. (f) Site. For towers other than towers in the public rights -of -way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process. (g) Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (i) For towers other than towers in the public right-of-way, it increases the height of the tower by more than 1.0 percent or by the height of one additional antenna array with separation Ordinance No. 20- Page 45 of 50 Rev 2/ 19 from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater; (ii) For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure; (iv) It entails any excavation or deployment outside the current site , except that, for towers other than towers in the public rights -of -way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; (v) It would defeat the concealment elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; Ordinance No. 20- Page 46 of 50 Rev 2/ 19 provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above. (h) "Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site. (i) "Transmission equipment' means equipment that facilitates transmission for any FCC - licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 19.257.030 Application. (1) Application. The Director shall prepare and make publicly available an application form that shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. 19.257.040 Qualification as an eligible facilities request. Upon receipt of an application for an eligible facilities request, the Director shall review such application to determine whether the application qualifies as an eligible facilities request. Ordinance No. 20- Page 47 of 50 Rev 2/ 19 19.257.050 Time frame for review. Applications for an eligible facilities request are reviewed by the Director or his/her designee, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless the Director or designee determines that the application does not qualify under FWRC 19.257.020. 19.257.060 Tolling of the time frame for review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the city and the applicant or in cases where the city determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications. (1) To toll the time frame for incompleteness, the city shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. (2) The time frame for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness. (3) Following a supplemental submission, the city will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. Ordinance No. 20- Page 48 of 50 Rev 2/ 19 19.257.070 Determination that application is not an eligible facilities request. If the city determines that the applicant's request does not qualify as an eligible facilities request, the city shall deny the application. 19.257.080 Failure to act. In the event the city fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 20- Page 49 of 50 Rev 2/ 19 Section 10. Effective Date. This ordinance shall take effect and be in force five (5) 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 , 2021. ATTEST: JIM FERRELL, MAYOR 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. 20- Page 50 of 50 Rev 2/ 19 COUNCIL MEETING DATE: January 5,2021 ITEM #: C ...... . ..... ... SURWCT: ORDINANCE: COMPREHENSIVE PLAN AmENDMENT/REZONE '0480-0172, POLICY QUESTION: Should the property located east of 27606 Pacific Hwy South, parcels 72,7 720480-0174 and 720480-0165 be re-classified from High Density Residential to Multi -Family, and rezoned from RS7.2 to RM 1800? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 7, 2020 CATEGORY: El Consent Z Ordinance E:1 Public Hearing [:] City Council Business [:] Resolution El Other STAFF REPORT BY: Doc Hansen, Principal Planner DEPT: CD, Planning Division -- - — -- - ------ Attachments: Staff Report Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. I �� I'll 1, 11 1'1�11 1,10riTurrurl- 11, _00-1 W1,111 DIRECTOR APPROVAL: �-^ 11-23-2000 Imfial/Date COMMITTEE RECOMMENDATION: I move too the proposed ordinance to First Reading on January 5, 2021. FIRST READING OF ORDINANCE (JANUARY 5, 2021): "1 move to forward approval of the ordinance to the January 19, 2021 Council Meetingfor second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 19,2021): "1 move approval of the proposed ordinance. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BELL DENIED First reading TABLED/DEFERREDINO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION # ma C 17 Y a F Iry Federal Way LAND USE AND PLANNING COMMITTEE REPOW-1- STA�F RUORT FROM: Brian Davis, Community Development Director Stacey Welsh, Planning Manager J11K Robert "Doc" Hansen, Principal Planner SUBJECT: File 20-100129-UP: 2020 Proposed Comprehensive Plan Amendment and Rezone for Shelter Resources Property from RS-7.2 to High Density, Multiple Family Classificati and RM 1800. 1 Uiuzull changes to chapters and maps of the comprehensive plan. ne governing ody shall consider al proposals concurrently so that the cumulative effect of the various proposals can be ascertained] Shelter Resources, Inc. requested a continuation for its comprehensive plan amendment and rezone on October 20, 2020, at the original proposal's second reading before City Council. Shelter Resources, hic. requests to change the designations of parcels #720480-0172, #720480- 0 174, and now the additional parcel #720480-0165. The proposal is to change the land's classification from Single -Family High Density Residential and Single -Family (RS 7.2, one unit per 7,200 square feet) to Multifamily Residential and Multifamily 1800 (RM 1800, one unit per 1,800 square feet. All parcels are within one half mile of the planned 272.d Sound Transit Light Rail Station, at South 272' Street. Shactow Apa=ents, which is adjacent Lo me west, in oruer 1.0 Provil parcels of the project. --------------------------- Land Use and Transportation Staff Report December 7, 20 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page I o i nice-Plan-nmg Commission heard the original proposal -o-n-A-u-g-u-s-f-ff,--I-rlfwf�, an hear �,roposal including the additional parcel on December 2. 2020. Circumstances regarding the proposal have not changed. FVVRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: I . To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. Ewen though this proposal was properly noticed and a public hearing held before the Planning Commission on August 19, 2020, the adjustment to the area proposed for zone/ comprehensive plan amendment to accommodate a revised proposal required and additional Planning Commission hearing on December 2, 2020. This adjustment was recommended by the Planning 111 dreco -freTtided to the CiV Council aDnroval of the&2posal. Steps to Issuance of Determination of Nonsignificance (DNS) pursuant to the State March 13, 2020 Environmental Policy Act (SEPA) End of SEPA Comment Period March 27, 2020 End of SEPA Appeal Period April 17,2020 Public Hearing before the Planning Commission August 19, 2020 LUTC Meeting September 14,20201 City Council 1st Reading October 8, 2020 City Council 2nd Reading Postponed 21 Public Hearing before Planning Commission December 2, 2020 LTC Meeting December 7, 2020 City Council 1 "Reading January 5, 2021 City Council 2n' Reading January 19, 2021 Land Use and Transportation Staff Report December 7, 202U r1roposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 2 otT TTMO1,1M. TENTENYM 1U1111dWV11 WfUl FV-JT47,ytrLJ if development of a multiple -family, transit -oriented project. The property does not front a public street, and therefore, had no documented access to Pacific Highway South when the application was made. Access was to be secured before the city would consider the requested RM 1800 W1 _ tho. Jhev wolld eventuaI6 obtaingublic access bv the time of 16g, 1111024 wow ii,9419 review of the proposal's adherence to RCW 36.70A, the Growth Management Act. No issues were raised by the Department of Commerce on the proposal. Since the 2018 application, the applicants for the proposal have secured public access to the property through an existing multiple -family development. Land Use , . exisui& myltiyle f2mily resileati?.Lievel*pmeat is I*c.?tet z4j,?_ceAt,7A1 west*f tke ?[,r*.W*sct rezone/comprehensive • site, similar to the request made by the • A Metro Transit Park and Ride area is located north of the site and is zoned Community Business (BC). Land at WE 4 a W 11111111111, 1 1 1 - I I i I JAII I proposed for storage and is zoned BC. The single-family development located southeast of the development is prohibited. Multi -family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the requested RM 1800 zone. The applicant is requesting a comprehensive plan designation amendment and rezone in order to allow transit -oriented multi -family housing since the parcel is within a half mile of the planned 2721 Sound Transit Light Rail Station. The station is planned to be operating by 2024 at the existing Star Lake Park and Ride located adjacent to the intersection of 1-5 and South 272"d Street. SEPA Issuance of a determination of nonsignificance (DNS) for the project was made on March 13, 2020, and the period to appeal the determination ended on April 17, 2020. No comments were received regarding the proposal. That determination fulfills the SEPA requirements for the revised proposal. WAC 197-11-600(3)(b) permits the use of the existing DNS issued on March 13, 2020 as long as the change is not substantial, or as long as no new information is received indicating environmental impact from the revision. TIP15113[m I W a N: 10131 Land Use and Transportation Staff Report December Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources vi-891-aWle V/ ' It qmz - proposaL There is a steep slope to the east of the site. EtItMig stormwater and development standards will reduce the impact of deadWWnal 130 units is expected to increase traffic by Wrox4pqtel 910 vehicle trips per day, assuming 7 trips per unit. +Mm Please refer to (1) above. along Pacific Highway South has a high -density potential that is conducive to such development. The zone clas n will be compatible with the surrounding environment. The open space area to the east contains a wettand that may remain undeveloped, thereby providing a buffer between the g40W ily housing in the AS 7 2 zone and the proposed multiplefamily (4) The adequacy of and impact on community facilities, including utilities, roads, public transportation, parks, recreation, and schoils. appropriate entrance to aproposed development. Any project is subject to transportation and school impacifees #O*ed to address impact upon thesefacgilles. The proposed zone and amendment provide opportunilyfor de"l�t of adifitional housing needed within the city, as encod by the comprehensive plan. &O#V land uses surrounding the proposal are compatible with &vOkpment that may resultfrom the action of the amendment. Any development would be a Transit Oriented Development by locating next to the transit station located to the north of the site. $00lgwfi#nMy -a- Wr or -r - Ui'.:xlllV llllrt i'%4"In 'nC NY"C ';'1#tJ4Gr1ne:F MV42!_=I�WCt� 11!M e" '�' 1"�Fxi irro a3m adequate housing. �bTTT!e quantity an an p — or Lie proposeN YMN —use type ana aensity, an e demand for such land. water, and sewer) to accommodate high density develo�mcnt. Land Use and Transportation Staff Report December 7, 2'0J Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 4 o - MWIN WHOWMINIM ultsiffir4lAyflur rayw LUIM [AWMI item 3 below, per FWRC 19.80.150). proposal meets the criteria for amending the comprehensive plincluding: IX lV I1 X 1 I 11111110 1 i ! ill: Wililil I � I ill I I I (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW, aj with the portion of the city's adopted plan not affected by the amendments. policies are relevant to the proposal being made: LUP 21 - Support multi -family development with transportation and capital facilities improvements. The proposal is located adjacent to a transit stop, making it a transit -oriented Or*Pment, andproviding potential residents access to public transportation. IV 13 - Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. The proposal will be de�ed to provide the needed housing, while maintaining the compatibility of the neighborhood Ex, unbuildable open spaces willprovide a buffer between an neighborhood to the southeast and the multip 7 family donvillopment to the west and northeast Any development in the rezoned area wil need to meet design standards required in FWRC 19.115 to insure compatibility. HG5 - Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and ten s of the community. Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 5 of 8 Two County -Wide Planning Policies (CWPP) are significant to this development inch*W H-9 - Plan for housing that is accessible to major employment centers and affordable to the workforce in them so people of all incomes can live near or within reasonable improves the balance of housing to employment throughout the county. of local and regional transportation systems. residents access to public transportation throughout the r4i6n and theo#t� access to employment and shopping. any social status; thereby, avoiding any discrimination issues. HP22 - As required by the CVvTPs, maintain sufficient land supply and adequate zoning with)-f-the City-4 acc*rrm*tato-Vh*so tyXcs *f hirrsing c4nsistent with the City's afAcUrl housing targets. I II 1 0 I'll I'll 11 - I wit Z developed krge& due to the non -access of the propeny to any street. Since the project proponents obtained access to the propeny, future m444� development will aid in the development of affordable housing. ,IIWA,VA I 49VA"JM 110111111MINIVIVIRRIMMIN 11111111 MEMO= # k EMEMMMEMM Provision oble housing is a main okleptipe within the city's comprehensive plan , and the propoit and rezone have a primary Purpose ofproviding qffiw� housing. The proponents intend to applyfor a pro provift affordable housing. I (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changei, conditions, a change in designation is within the public interest; or Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 6 of 8 theplan. Average housing cost in 2015 was $289,100, increasing to $362,100 in 2018, a 12 percent increase and demonstrating a needfor rental, muldfamily VIM -pop 0 MAI,- �fl-J-I-fie rezone wiff-co-frect a zone c assi ication or zon—e-66-u-n-aary Mat was inappropriate when established. 7-n-7-77x r r allo-Me, Ine pro -o-M-Y-N-71 in any posa inqpropriate zone 11 A 1 1 11 FWRC 19.80.150[31, above). d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive r,lan. city regulations and the comprehensive plan. N required to meet current codes andregaAoOons to protectpublic safety. SEPA review when a project is submitted. CAI I =0 F'rM# -Na Land Use and Transportation Staff Report December 7, 201 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 7 o Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 8 of AN ORDINANCE of the City of Federal Way, Washington, amending the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map, and approving a citizen initiated Comprehensive Plan Map and Zoning Map amendment and legislative rezone of 5.48 acres located East of Pacific Hwy and South of the Redondo Heights Park and Ride, parcels 720480-0172, 720480-0174 and 720480-0165 from High Density Residential (RS 7.2) to Multiple Family (MF 1800). (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683,13-736, 13-745,15-796, 15-798,18-843 and 19-866) WHEREAS, the Growth Management Act of 1990 as amended ("Chapter 36.70A RCW" or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, transportation element (including transportation system maps), and a park and recreation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with a land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2018, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018, and April 2, 2019; and Ordinance No. 20- Page 1 of 9 Rev 2/19 CP WHEREAS, the City may consider Plan and development regulation amendments pursuant to Process V1, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council has considered amendments to the text of the comprehensive plan, comprehensive plan map, and zoning map, specifically in relation to the boundaries of the Residential Single Family (RS-7.2) zoning districts and a citizen -initiated change in the comprehensive plan and the zoning designations of parcels 720480-0172, 720480-0174, and 720480- 0165 from High Density Residentlal/(RS 7.2) classifications to Multiple Family/(MF 1800) classifications (Exhibit A); and WHEREAS, on March 13, 2020, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the comprehensive plan and rezone amendments of parcels 720480-0172, 720480-0174 and 720480-0165; and WHEREAS, in September 2015, the City of Federal Way accepted a request from Puget Center Property for Site Specific Request No. 1; and WHEREAS, the City's Planning Commission held a public hearing on December 2, 2020, at the close of which they recommended to the council approval of the following amendments: 1) Change Comprehensive Plan map of parcels 720480-0172, 720480-0174 and 720480-0165 from a High -Density Residential classification to a Residential Multifamily classification; 2) Rezone parcels Ordinance No. 20- Page 2 of 9 Rev 2/19 CP 720480-0172, 720480-0174, and 720480-0165 from a Residential Single Family (RS-7.2) zone to a Residential Multifamily (RM 1800) zone; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on October 20, 2020, following which it recommended approval of the Planning Commission's recommendations; and WHEREAS, the City Council, through its staff, Planning Commission, City Council committees, received, discussed, and considered the testimony, written comments, and material from the public, and considered the matter at its City Council meeting on October 6, 2020 and WHEREAS, the City Council desires to approve the: 1) Amendments to the text of the comprehensive plan; 2) Amendments to the comprehensive plan map and zoning map boundaries of the RS 7.2 and the RM1800 zoning districts; 3) Approval of the citizen -initiated request for changes to the comprehensive plan and zoning designations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) Regarding the site -specific request to amend to the Comprehensive Plan Map and zoning designation of 5.48 acres, located east of Pacific Highway and south of the Redondo Heights Park and Ride on 276th Street from High -Density Residential (zone RS 7.2, one unit per 7,200 square feet) to Multiple Family (zone RM1800, one unit per 1800 square feet) (Exhibit A): (i) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, attached hereto, is consistent with the following goals of the Federal Way Comprehensive Plan: Ordinance No. 20- Page 3 of 9 Rev 2/19 CP Overall Housing Goal: Preserve, protect, and enhance Federal Way's existing high - quality residential neighborhoods and promote a variety of opportunities to meet the housing needs of all residents of the community and region. Housing Goal (HG) 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character; Housing Policy 2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. Housing Goal 5 Develop a range of affordable housing opportunities for low- income households consistent with the CWPPs and the needs of the community. Housing Policy 22 As required by the CWPPs, maintain sufficient land supply and adequate zoning within the City to accommodate those types of housing consistent with the City's affordable housing targets Land Use Goal 4 Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences Land Use Policy 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. Ordinance No. 20- Page 4 of 9 Rev 2/19 CP Land Use Policy 21 Support multi -family development with transportation and capital facilities improvements. Land Use Policy 22 Multi -family residential development should be designed to provide privacy and common open space. Variations in facades and rooflines should be used to add character and interest to multiple - family developments. Land Use Policy 23 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. (ii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with language in the Federal Way Comprehensive Plan's Land Use element, which states that "The multi -family residential land use designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, aging population, increasing diversity, decline in average family size, and high cost of single-family homes have created heavy demand for new housing types"; and (iii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with the GMA goal to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner"; and (iv) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with the goal of the King County Countywide Planning Policies for Ordinance No. 20- Page S of 9 Rev 2/19 CP growth to occur in a compact, centers -focused pattern that uses land and infrastructure efficiently; and (v) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with the Puget Sound Regional Council ("PSRC") goal of Vision 2040 to focus growth within already urbanized areas to create walkable, compact, and transit -oriented communities that maintain unique local character; and (vi) The proposed amendment to the Comprehensive Plan Map as set forth in Exhibit A, will not negatively affect open space, streams, lakes, wetlands, or the physical environment; and (vii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with the Council vision for the City of Federal Way, and will allow development that is compatible with the surrounding land uses; and (viii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, will allow for growth and development consistent with the Federal Way Comprehensive Plan's overall vision and with the Federal Way Comprehensive Plan's land use element, household and j ob projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas; and (ix) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, bears a substantial relationship to the public health, safety, and welfare; is in the best interest of the public and the residents of the City; and is consistent with the Ordinance No. 20- Page 6 of '9 Rev 2/19 CP requirements of Chapter 36.70A RCW, VISION 2040, and the King County Countywide Planning Policies; and (x) The proposed amendment to the Zoning Map, set forth in Exhibit A, is consistent with the applicable provisions of the Federal Way Comprehensive Plan, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City; and (xi) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, attached hereto, has complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan, Comprehensive Plan Maps, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017, and 2018, copies of which are on file with the Office of the City Clerk, the comprehensive plan maps, and zoning map are amended as set forth in Exhibit A, attached hereto. Section 3. Amendment Authority. The adoption of plan and map amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Chapter 19.80 FWRC. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 20- Page 7 of 9 Rev 2/19 CP Section 5. Savings Clause. The 1995 Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017 and 2018 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force five days after passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2020. [signatures to follow] Ordinance No. 20- Page 8 of 9 Rev 2/19 CP IN I WA • 0 9 G 03 MOM"Foll ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 20- Page 9 of 9 Rev 2/19 CP