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LUTC PKT 08-19-1996City of Federal Way City Council Land Use/Transportation Committee August 19,1996 City Hall 5:30pm Council Chambers AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. Street Overlay Info Miller/30 min B. SW Campus Drive/6th Avenue Southwest, Action Miller/5 min Puget Power Agreement C. BPA Phase 11 - Bid Award Action Miller/ 10 min D. Process III Cellular Tower Action Thomas/10 min E. South 316th & 20th Avenue South Project Action Perez/5 min Finalization F. South 336th/Kitts Corner Regional Storm Action Pratt/10 min Water Control Facility - Services during Construction Contract G. Joe's Creek Flow Control Structure - Action Pratt/10 min Bid Award H. SWM Minor CIP Phase 11 - Bid Award Action Pratt/ 1Omin 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS 7. ADJOURN Committee Members: City Staff. - Phil Watkins, Chair Greg Moore, CDS Director Ron Gintz Sandy Lyle, Administrative Assistant Mary Gates 661-4116 City of Federal Way Land Use/Transportation Committee SUMMARY In attendance: Committee members Phil Watkins (chair), Ron Gintz and Mary Gates; Deputy City Manager Philip Keightley; Director of Community Development Services Greg Moore; Assistant Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; Street Systems Manager Ken Miller; Assistant City Attorneys Jim McNamara, Bonnie Lindstrom, and Katie Healy; Surface Water Manager Jeff Pratt; Surface Water Management Project Engineer Marwan Salloum; Code Compliance Officer Betty Cruz; Sign Code Interns Tony Kantas, Moshe Quinn, and Tom Noble; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30pm. 2. APPROVAL OF MINUTES The minutes of the meeting of July 1, 1996, were approved as presented. 3. PUBLIC COMMENT There was no public comment on items not included in the agenda. 4. BUSINESS ITEMS A. SR 161 - Enchanted Parkway Underground Agreements - As part of the WSDOT SR 161 widening project, the project contractor will excavate the utility trench, install conduit and utility vaults. Puget Power and U.S. West will provide conduit, utility vaults and install cables. The City's share of the cost for this work is approximately $124,000 as previously agreed to with the WSDOT. The Comnuttee m/s/c to move discussion of the agreements to the September 3, 1996, City Council meeting Consent Agenda with the recommendation that the City Manager sign the SR 161 (Enchanted Parkway) Utility Conversion Agreement with Puget Power for $28,442.90 (30% of the total estimated cost of $87,703 plus $2,132 for inspection) and a utility agreement with U.S. West for $11,849.50 (100% of the total estimated cost). B. South 348th Project - Final Accei)tance - Prior to release of retainage on a Public Works project, the City Council mist accept the work as complete to meet State Departments of Revenue and Labor and Industries' requirements. The final cost for the South 348th Street unprovement constriction contract with Lloyd Enterprises, Inc., is $1,461.02 over the approved contract budget of $2,460,494.89, including contingency. The contingency (10%) and additional $1,461.02 were expended for additional traffic control for public safety and overruns on materials to maintain access to local business during construction. The Committee m/s/c staff recommendations that the project be accepted as complete and approved the additional $1,461.02 for the additional work to complete the construction project with the caveat that the plants which have died since planting be replaced. The committee recommends review and approval by the City Council on the consent agenda at the September 3, 1996, meeting. C. Final Acceptance of the South 324th Street CDBG Sidewalk Constriction Contract - Acceptance of the South 324th Street CDBG Sidewalk Constriction Contract with Brad Mason Trucking as complete was m/s/c.. The final project cost was $8,227.40 below the approved contract budget of $99,183.70, including contingency. The Committee recommended City Council approval on the Consent Agenda at the September 3, 1996, meeting. F. METRICOM Request for ROW Agreement - METRICOM is a company which provides wireless modems for laptop computers. The network uses frequency -hopping, spread spectrum, packet radios. The packet radio repeaters are shoe -box size and require low power levels. They would be mounted on light poles owned by Puget Power. A proposed Right -of -Way Agreement would allow Metricom to place the packet radios on utility poles throughout the City. Metricom must first obtain all necessary permits, and must comply with all City ordinances and requirements. The Committee was very interested in this new technology and recommended further discussion take place before the Finance and Economic Development Committee. D. Latecomer Agreements for Improvement of City Streets - FWCC 20-206 to -214 provides a mechanism by which the City may contract with the owners of real estate for the construction or improvement of street projects. The owner is subsequently reimbursed by other property owners benefiting from the improvement. The City determines the reimbursement share by using a method of cost reimbursement which is based on the benefit to the property owner from the project. The City may join in the financing and be reimbursed in the same manner as the owners of real estate who participate in the in the project. The benefits to the City of employing this method are that the streets are improved at a lower cost to the taxpayer and the improvements are accomplished more quickly. The benefits to the property owner are that they are not required to shoulder the entire financial burden for quickly accomplished improvements. The latecomer agreement in the case of Ybarra and Ebenshade involves road improvements made as a requirement for the issuance of building permits in 1991. Ybarra and Ebenshade are asking that lot #2 of the development project be required to pay one third of the cost of the road improvements. Council may determine a reimbursement period of ten years or fifteen years. The Committee recommended a reimbursement period of fifteen years for this, the first, latecomer agreement. It was m/s/c to recommend approval to the City Council at the September 3, 1996, meeting. E. Surface Water Small Works Projects - The Committee recommended approval of the improvement of a culvert capacity upgrade at First Avenue South and approximately South 317th Street (near the fire station). The project is the first phase required to reduce the frequency of flooding across First Avenue. The City Council will review the project at their meeting on August 6, 1996. G. Sityn Code Utxlate - In response to City Council approval of a program and budget to hire temporary summer staff to accelerate the efforts of sign enforcement, staff provided an update. Since June, 1996, three hundred notices have been mailed. Twelve citations have been issued. Two appeals will be heard by the Hearing Examiner in August. Approximately one thousand files have been prepared for mass mailing. The Committee pledged continued support of enforcement efforts. Most "sweeps" have taken place on Saturdays. The Committee would like to see "sweeps" be clone on Sunday, as well. They would support revocation of City licenses of non -conforming businesses and would like fines collected to be dedicated to a fund for enforcement. H. Portables on School Sites - Portable classrooms are traditionally used by schools to reduce construction costs. The issue of non -conforming school portables has been a problem since the City incorporated in 1990 because of the non -conforming provisions that must be met including landscaping, parking and water quality. To bring landscaping into compliance often adds considerable expense to a portable project. The Committee m/s/e the recommendation to expedite dealing with this non-conformance issue. Their wish was to insert it into the current 1996 workplan as a priority and want a priority recommendation sent to the September 3, 1966, City Council meeting. Rod Leland was asked to prepare materials for the September meeting agenda packet on how a landscape phasing plan might work under a potential code amendment. I. PAA Boundaries - Staff presented a map showing boundaries of the area to be annexed by Des Moines. The map included existing Federal Way City limits, Des Moines City limits, proposed PAA boundary, the area included in the Redondo annexation and areas that remain in unincorporated King County. The Des Moines City Council will discuss future PAA boundaries at their August 8, 1996, meeting. Federal Way has been flexible in agreeing to boundaries acceptable to Des Moines and desire Des Moines to accept boundaries previously agreed to by respective staffs. OTHER ITEMS There was no other business. 6. FUTURE MEETINGS/AGENDAS The next meeting of the Land Use/Transportation Committee will take place August 19, 1996, at 5:30pm. ADJOURN The meeting was adjourned at 8:26pm. I:\LU-TRANS\AUGSLUT. SUM DATE: August 14, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager SUBJECT. Ten Year Street Overlay Funding Analysis In 1992, the City of Federal Way developed a Pavement Management System (PMS) in order to provide a systematic and comprehensive approach to evaluating and managing the street surface condition of all public roads. All of the City streets were visually surveyed in 1992/1993. In 1994 the current policy of rating all the arterials and half the residential streets each year was implemented. The current PMS system contains data on approximately a total of 240 street center line miles. All streets are broken out into segments between 500 and 1,000 feet in length. Each segment is rated for distresses such as alligator cracking, longitudinal/transverse cracking, rutting and patching and this data is used by the program for analysis. Using a series of decision trees a rehabilitation alternative is selected by the computer program for each segment. There are 7 decision trees, one for each functional road classification (major arterial, collector arterial, minor arterial and residential) and one for each pavement type (asphalt, concrete, bituminous). Each decision tree has 3 or 4 branches, each branch is defined by a pavement rating range. Costs have been assigned for each rehabilitation alternative from routine maintenance to a full rebuild. In order to prioritize the streets, a pavement condition rating is calculated for each segment. The pavement rating ranges from 0 to 100. 85-100 70-85 50-70 30-50 <30 Excellent Good Fair (Start receiving complaints) Poor Failed The network analysis model runs have predicted future deterioration of the streets using average deterioration curves. Typically, a newly constructed street will last up to 20 years and an overlayed street up to 12 years. Local access streets can last longer due to lower traffic volumes, vehicle types and speeds of vehicles. There are two primary network pavement performance indicators, the overall pavement rating and deferred rehabilitation costs. The pavement rating measures the condition of the pavement and estimates remaining life. The deferred cost for a given year is the cost which would be required to repair all roadways in the network. For the deferred cost indicator it is important that it is decreasing, or this will cause a deterioration in the overall system over time. Attached, as Table 1, are the summary results from the network computer runs for varying budget amounts, starting with the current level of $730,000 per year to $3,000,000 per year for a 10 year analysis period. Currently, the City's street network is in good condition with an average rating of 79. At the current level of funding, this rating drops to 54 after 10 years which is a poor/fair street condition rating. Also, deferred cost for rehabilitation will be increased from $16,058,799 to $30,688,450. At a funding level of $1,900,000 the average condition rating remains at 79 and the deferred cost for rehabilitation is lowered from $14,888,751 to $12,778,582. Public Works staff will be present at the August 19, 1996 Land Use and Transportation Committee Meeting to provide information on the Asphalt Overlay Program. h O N N:: M V1 72 C 00 00 00 Q\ Q\ 0Q L`:: •--� 0o0 oo N M N .--i .�... .--r ,� � O L a� 'n 'b D E" z+ .....: t, ai r+. 00 [ 00 00 00 00 4�1: 00 00 C �-+ y O 00 [ 00 N M O G4::::: ao 00 l 00 Ci z as GW'9 a' .` � eTo c a °" "O Ld y �, v vi �O I� I� i`` :: M oo M ON p •O a W _ w y[ y •7pd w Q\ O� O\ a\ X : "w . Q\ a\ U �Y as°,• a a o >" 'c Q O H N N CITY OF C� VV F1Y DATE: August 13, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager SUBJECT: SW CAMPUS DRIVE AND 61H AVENUE SW TRAFFIC SIGNAL PROJECT, STREET LIGHT RELOCATION/REPLACEMENT AGREEMENT WITH PUGET POWER When SW Campus Drive is widened to install left turn lanes and a traffic signal at 6th Avenue SW, the Puget Power owned street lights and circuitry have to be relocated. Since the road is being widened, we are replacing all the street lights on both sides of the road with a pole that has a higher intensity light and mounting height. This lighting improvement will provide the appropriate light levels for the wider street. The City will provide the trenching for the new circuitry and Puget Power will remove the existing street lights and install the new street lights. Attached is a copy of the work order for Puget Power in the amount of $39,546.35 to perform the replacement of street lights and circuitry. The cost for this work is budgeted in the $799,269.00 project estimate. Forward to the September 3, 1996 Council meeting and place the following items on the consent agenda: Approve the Puget Power work order in the amount of $39,546.35 for street light replacement on SW Campus Drive. 2. Authorize staff to sign the agreement. xiK:;a K:\STREETS\PROJECrS\6THCAMP\LUTC.MEM 011GET POAVAE/4 June 26, 1996 i Mr. Ken Miller City of Federal Way 33530 1st Way South. Federal Way, WA 98003 RE: Widening of SW Campus Drive at 6th Ave S.W. Puget Power job 96-03748 & 96-04762. Dear Mr. Miller: The engineering is now complete for the re -location and lighting improvements on S.W. Campus Dr. in Federal Way. As we discussed Puget power will charge the City for the existing circuitry which is located in a Puget Power easement which predates your new right of way acquisition. We will not charge for the removal of the Street light poles currently in the City of Federal Way Right of way affected by the widening. The charges for this work are calculated as follows: Relocation of existing circuitry $15,172.00 Lighting improvements $23,631.08 Extension to serve new signal system $ 743.27 Total cost $39,546.35 These charges reflect your providing all excavation and backfill, and will be valid for 90 days from the date of this letter. Included in the above amounts are revenue credits for the metered signal at 6th S.W. as well as salvage value for existing poles and arms which will be returned to Puget Power stock. Please inspect the Work Sketch for any changes that may need to be made. Changes will impact the total cost of the job. Additional costs, if any, will be included with the billing upon completion of construction. The Lighting improvements will increase your monthly lighting bill by $2.09 per month. This does not include the metered power charges for the new signal, Pedestrian crossing and City owned street light at 6th Ave SW. South King Service Complex 22828 68th Ave South Suite #102 Kent WA 98032-1834 Page 2 of 2 SW Campus Dr. Improvements This job will be released for construction upon receipt of a signed copy of this letter and a check in the above amount. If you have any further questions, please call me at our South King service Complex. Sincerely, Glen Thomas Customer Service Planner Accepted By: Date: Doc 8452 eOFC=y DATE:August 13, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager OA SUBJECT.- BPA Trail Corridor Phase H (1st Avenue South to Campus Drive) Bid Award Bids for the BPA trail Phase II will be opened on August 16, 1996. To allow work to begin this year, bid results will be brought to the August 19, 1996 Land Use and Transportation Committee and September 3, 1996 Council for approval to award the contract to the low bidder. Bid results and recommendation of alternative schedules to be awarded will be presented at the meeting. KASTREEfSTROJECTSWATRAILIST CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES -MEMORANDUM- DATE: August 12, 1996 TO: City Council Land Use and Transportation Committee Council member Phil Watkins, Chair FROM: Gregory D. Moore, AICP - Dir. of Community Development Servlq�m Contact: Michael Thomas, Senior Planner RE: MIRROR LAKE WIRELESS COMMUNICATIONS FACILITY Federal Way File No. UPR96-0002 Related File Nos. SPR96-0001, SEP96-0001 I. STAFF RECOMMENDATION City staff recommends approval of the Use Process III request as recommended by the Federal Way Hearing Examiner. II. SUMMARY OF APPLICATION The applicant, AT& T Wireless Services, proposes to construct a cellular communications facility comprised of a 150 foot monopole which will be fitted with a number of various types of antennas and communication dishes. A 12' x 28' equipment building will be built at the base of the pole and will house HVAC and battery back-up systems. The installation of this new communications facility will serve to enhance cellular phone service for the public as well as emergency communications for King County Fire District No. 39. According to Federal Way City Code (FWCC) section 22-644, public utilities are an allowed use in single family zoning districts pursuant to land use review process III. III. REASON FOR COUNCIL ACTION Federal Way City Code sets forth land use review process III for public utilities located in a single family zoning district. Pursuant to FWCC section 22-476, Process III Review, the Hearing Examiner is to hold a public hearing then make a recommendation to City Council, who will then decide upon the application. IV V HEARING EXAMINER'S RECOMMENDATION The Hearing Examiner recommends approval of the proposed Mirror Lake Wireless Communication Facility with one condition. The Hearing Examiner, concerned with the FAA required light atop the monopole, placed a condition which requires the applicant to affix a baffle underneath the light in an attempt to reduce the potential for glare impact on adjoining property owners. A copy of the Hearing Examiner's decision is attached as Exhibit B. PROCEDURAL SUMMARY January 8, 1996 Application Submitted. April 3, 1996 State Environmental Policy Act environmental decision of nonsignificance (DNS) issued by the responsible official. May 2, 1996 SEPA appeal period expires with no appeals filed. May 13, 1996 Revised site plan submitted by applicant. June 17, 1996 Site Plan Review approval issued by the Director of Community Development. July 9, 1996 Public hearing before the Federal Way Hearing Examiner. July 24, 1996 Hearing Examiner issues decision. August 7, 1996 Appeal / reconsideration period expires with no appeal or requests for reconsideration filed. August 19, 1996 City Council's Land Use and Transportation Committee meeting. September 3, 1996 City Council meeting. VI. DECISIONAL CRITERIA The City Council's review of this application is limited to the record of the public hearing before the Hearing Examiner, the Examiner's written determination, compliance with applicable ordinances and regulations of the City, and the review criteria outlined in FWCC section 22-490(d). Section 22-490(d) allows for approval if the application is consistent with: 1. The Federal Way Comprehensive Plan; 2. All applicable provisions of the City Code, including those adopted by reference; and Protects the health, safety and welfare of the community. VII. COUNCIL ACTION After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions. 1. Approve the application; or 2. Approve the application with minor modifications; or 3. Deny the application; or 4. Remand the matter back to the Hearing Examiner for further consideration; or 5. Schedule a public hearing before the City Council, in order to consider major modifications to the application. The City Council shall not substantially modify the recommendation of the Hearing Examiner without first referring the matter back to the Examiner or conducting its own public hearing on the application. A draft resolution recommending approval of the application as recommended by the Examiner is being prepared and will be available for the City Council meeting. Exhibits A. Hearing Examiner's Recommendation dated Jrtly 24, 1996 B. Staff Report to the Hearing Examiner dated July 9, 1996 r:\DVPROJC.i. A.r.r,t _ t rrC . will) EXHIBIT A HEARING EXAMINER'S DECISION JULY 24, 1996 CITY of FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) } FWHE# 96-09 MIRROR LAKE WIRELESS } UPR96-002 COMMUNICATION FACILITY ) PROCESS II and III ) } ulu;: s. o► The applicant, AT&T Wireless Services, proposes to construct a cellular communications facility comprised of a 150 foot monopole antenna and a 12' by 28' equipment building all to be located on King County Fire District No. 39 property. Hearing Date: July 9, 1996 Decision Date: July 24, 1996 At the hearing the following presented testimony and evidence: 1. Mike Thomas, Senior Planner, City of Federal Way 2. Terri Spencer, land use consultant, P.O. Box 33792, Seattle, WA 98133 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments III. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the premises and surrounding area, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Department staff report sets forth general findings, and applicable policies and provisions in this matter, is hereby marked as Exhibit 1, and incorporated in this report by reference as though set forth in full herein. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code. 6 21ovd 66ti9 ZLZ OC IS I V H10 0I S I (C 2m) 96 , iiZ MIRROR LAKE WIRELESS COMMUNICATION FACILITY July 24, 1996 Page - 2 4. Pursuant to the requirements of SEPA, RCW 43.21C, the responsible official for the City of Federal Way issued a Determination of Nonsignificance (DNS) concerning this project on April 3, 1996. No comments or appeals were received during the comment and appeal period. 5. The applicant is proposing to locate a 150 foot tall monopole with 12 panel antennas, four omni -directional antennas, an eight foot vhf antenna, one six foot corn mw dish, and lighting required by the Federal Aviation Administration along with a 12 foot by 28 foot equipment building on King County Fire District No. 39 property located at 31817 1st Ave. S. The site is located on the west side of 1st Avenue S. approximately half way between SW 320th St. and SW 312th St. 6. The fire district property is adjoined on the south by the Lakehaven Utility District offices; on the north by French Lake Park; on the east by the Graystone Apartments and the Hillside Heights subdivision; and on the west by the Mirror Wood Square Apartments and single family dwellings. The tower will be located between 400 and 500 feet from the nearest residential uses. 7. The site is located within the High Density Residential designation of the City of Federal Way Comprehensive Plan and within the Single Family Residential (RS 7.2) zone classification. Section 22-644 of the Federal Way City Code (FWCC) authorizes public utilities within the RS zone classification subject to Process III review, Said section restricts heights of public utility structures to 30 feet above average building elevation. The applicant is requesting a variance to the height restriction to allow the 150 foot tall monopole as well as Process III review. 8. In instances where an application involves multiple processes (Process II review for a height variances and Process III review for location of a public utility within the RS zone classification) the Director of Community Development Services may authorize a combined review under the higher process which allows for a unified decision making process. The Director has authorized such combined review in this matter, and therefore the Examiner will make a recommendation to the Federal Way City Council on both the height variance request and the utility location request. 9. The monopole and equipment building are proposed for location on a 1,500 square foot site located in the northwest corner of the ten acre fire district property. Within said area the applicant will construct the monopole, a 336 square foot, one story equipment building, and a six foot high, chain link, security fence. The applicant is providing a landscape plan in accordance with the requirements of the special regulations and notes set forth in Section 22-644 FWCC. The applicant cannot hide the monopole, but existing evergreen trees on the abutting Lakehaven Utility District property and park property will t HOVd 6Eb9 ZGZ OCIS I * -io I I I I ' I (CEM) 96 , t,Z -M. MIRROR LAKE WIRELESS COMMUNICATION FACILITY July 24, 1996 Page - 3 provide some screening of the lower portion of the pole. 10, To obtain a variance to the 30 foot height limitation set forth in Section 22-644 FWCC, the applicant must establish that the request satisfies the criteria set forth in Section 22- 198 FWCC. Findings on each criteria are hereby made as follows: A. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the same vicinity and zone. Public utilities throughout the City include high rise structures such as the BPA power lines, broadcast towers, communications towers, etc. Public utilities provide services through a network of facilities which are either above or below ground surface. Cellular communication service is provided through a network of tower which provide line of sight communication. Towers necessary to provide such service have been previously permitted in Federal Way and other jurisdictions throughout the state. Regardless of where the tower is located in the City, a height variance would be required. Furthermore, a public utility serves the entire public as opposed to a specific property owner or business. Such is especially true in this case since the top 50 feet of the monopole will be used by the fire district which provides fire suppression and emergency aid services to the entire City. B. The variance is necessary because of special circumstances related to the topography of the site. The monopole must be 150 feet tall to provide a clear line of sight with other towers in to the area. The area served by the tower is currently experiencing dropped calls and busy signals and is thus underserved. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity. The site is already used by the fire department and the utility district, and is appropriate for use by a cellular phone company. The site is well buffered from adjacent residential development, and although it will be clearly visible, the monopole will not introduce light, glare, or noise to surrounding properties. The pole will be painted a matte color which will blend with the sky and horizon and will also be fitted with a baffel which will screen the blinking light on the top of the pole. Recognized studies of the effect on people of radio frequency electromagnetic fields establish that cellular base station emmissions are safe for the general population. These studies are adopted and reiterated in the Telecommunications Reform Act of 1996 passed by the United States Congress earlier this year. D. The special circumstances of the subject property are not the result of the actions of the owner. The property is in its natural state, and location of cellular towers on high areas are necessary to provide optimum coverage. 3�bd 66b9 LLZ OC76 I * H_01 1 T 5I (GEM) 96 , t7z -n: MIRROR LAKE WIRELESS COMMUNICATION FACILITY July 24, 1996 Page - 4 11. To obtain Process III approval the applicant must establish that the request satisfies the criteria set forth in Section 22-490(d) FWCC. Findings on each criteria are hereby made as follows: A. The proposed cellular tower is consistent with the Federal Way Comprehensive Plan. The private utilities chapter of the Federal Way Comprehensive Plan sets forth policies regarding telecommunications systems. The plan recognizes the strong and growing demand for wireless communication and the need for telecommunications service providers to locate towers within the City. The comprehensive plan goal is to provide appropriate cellular service to the citizens and businesses of the City_ Furthermore, the tower improves the communication for' the fire department which benefits the City, citizens, and businesses as well. B. The proposed tower must comply with all provisions of the FWCC as well as other adopted codes and regulations. The City's Community Development Review Committee reviewed the proposal for conformance with all such codes in accordance with administrative procedures. C. The proposed facility is consistent with the public health, safety, and welfare. Based upon current public health knowledge, the proposed communication facility poses no known health risk. Furthermore, provision of cellular service provides greater safety for the motoring public and better communications for emergency service providers. IV, CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request for a variance to the height requirements of the Section 22-644 FWCC satisfies the criteria set forth in Section 22-198 FWCC and therefore should be granted. 3. The request for Process III approval satisfies the decisional criteria set forth in Section 22-490(d) FWCC and therefore should be granted subject to the following condition: A. The applicant shall install a buffel to shield the flashing light at the top of the tower from abutting properties. 9 30dd 66t,9 ZLZ f)QiS 7 '? HIC I Z i t (Q3M) 96 . tlE -IRF MIRROR LAKE WIRELESS COMMUIJICATION FACILITY July 24, 1996 Page - 5 It is hereby recommended to the Federal Way City Council that a variance to the height requirements of Section 22-644 FWCC from 30 feet to 150 feet be granted. It is further recommended that Process III approval be granted to allow construction of a cellular communications tower and equipment building at a site located at 31716 1st Ave. S., Federal Way, Washington, subject to the condition set forth above. DATED THIS � DAY OF July, 1996. ST UN K. CAUSSEAUX, JR. Hearing Examiner L '30`dd 6Et,9 ZLZ OC IE I V H10 Z i 5 I (C1 21m) 96 , bZ -Inr THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION. 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the request to those persons who have a right to challenge under 2 2o` 'I 6£',9 ZLZ oalu I V =10I £ I S I (C2m) 96 . bZ -Ini Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the 'request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (lo) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CEALLENOE The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered to the Department of Community Development within fourteen (14) 6 Hold 66b9 ZLZ OQZE 1 '? H10T 6i 5t (QHM) 96, bZ Int calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the tee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The person challenging the recommendation shall within said fourteen (14) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department, Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the 0 1 it)V,� 66t,9 ZLZ OQZs I § HIO I 6I S I (CI 2m) 96 . t,L -i n1 response delivered to the Department of Community Development. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council. I T EOMI 6Et,9 ZLZ OC IH I V ? 0 T t, T 5I (Q3M) 96 . VZ 'Inn EXHIBIT B STAFF REPORT TO THE HEARING EXAMINER JULY 9, 1996 FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES REPORT TO THE FEDERAL WAY HEARING EXAMINER Mirror Lake Wireless Communication Facility File No. UPR96-0002 Public Hearing - July 9, 1996 City Council Chambers Federal Way City Hall - 33530 1st Way So. Report Prepared by: Michael Thomas, Senior Planner TABLE OF CONTENTS SECTION PAGE I. GENERAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . 2 II. SUMMARY OF PROPOSED ACTION . . . . . . . . . . . . . . . . . . 2 III. LAND USE PERMITTING PROCESS . . . . . . . . . . . . . . . . . . 3 IV. PROJECT BACKGROUND . . . . . . . . . . . . . . . . . . . . . . 3 V. ENVIRONMENTAL REVIEW . . . . . . . . . . . . . . . . . . . . . 3 VI. DEVELOPMENT REVIEW COMMITTEE . . . . . . . . . . . . . . . . . 3 VII. NEIGHBORHOOD CHARACTERISTICS . . . . . . . . . . . . . . . . . 4 VIII. SITE DESIGN . . . . . . . . . . . . . . . . . . . . . . . . . . 4 IX. DECISIONAL CRITERIA . . . . . . . . . . . . . . . . . . . . . . 5 X. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XI. RECOMMENDATION . . . . . . . . . . . . . . . . . . . . . . . . 9 XII. EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 I. GENERAL INFORMATION Location: 31817 1st Avenue South Applicant: AT&T Wireless Services, 617 Eastlake E., Seattle, Washington 98109. 206/334-0691 Contact: Lorraine Spencer, 1323 Minor Avenue E., A206, Seattle, Washington 98101. 206/ 542-9324 Owner: King County Fire District No. 39, 31716 lst Avenue S., Federal Way, Washington 98003. Zoning: Single Family (RS 7.2) Comp Plan Designation: High Density Residential II. SUMMARY OF PROPOSED ACTION The applicant, AT&T Wireless Services, proposes to construct a cellular communications facility comprised of a 150 foot monopole antenna and a E 12'x 28' equipment building all to be located on King County Fire District No.39 property (Exhibit A) at 31817 lst Avenue South. The monopole antenna will be equipped with 12 panel antennas; 4 omni- directional antennas; an 8 foot VHF antenna; one 6 foot COM MW dish; and FAA required lighting. Located at the base of the monopole antenna will be a 12'x 28' foot equipment building which will house a back-up battery system and HVAC system. The installation of these new communication facilities will serve to enhance cellular phone service for the public and emergency communications capabilities for the Fire District. III. LAND USE PERMITTING PROCESS In order to locate the proposed communication facility, the applicant must receive process III approval from the Federal Way City Council to establish the intended land use as well as process II approval to exceed the 30 foot height limit established by Federal Way City Code (FWCC) section 22-644 for public utilities in residential zoning districts. Only upon approval of both these requests may the applicant construct the desired facilities. In instances where an application involves multiple processes (process II and III in this case) the director of community development services may authorize a combined review under the higher process allowing for a unified decision making process. Therefore, the Federal Way Hearing Examiner (Examiner) will make a recommendation to city council on both the process II height variance request and the process III use request. IV. PROJECT BACKGROUND On January e, 1996, the applicant applied for the following city permits: site plan review; use process III; and, use process II (height variance). Accompanying the application was a completed State Environmental Policy Act (SEPA) checklist. Subsequent to the initial submittal, the applicant submitted a revised site plan and landscaping drawings on May 13, 1996. V. ENVIRONMENTAL REVIEW Pursuant to the requirements of SEPA, RCW 43.21C, the responsible official for the City of Federal Way issued a Determination of Nonsignificance (DNS) concerning this project on April 3, 1996. The environmental determination (Exhibit B) was based on information submitted by the applicant, staff findings and a site visit. Proper notification of the City's decision was published in the Federal Way News newspaper and posted on the subject site. Moreover, copies of the environmental determination were also sent to the Department of Ecology and all persons within 300 feet of the subject site. No comments or appeals were received during the comment and appeal period. VI. FEDERAL WAY DEVELOPMENT REVIEW COMMITTEE In accordance with the City's adopted Development Review Committee Administrative Guidelines, a copy of this application was routed to and reviewed by each of the committee members on January 25, 1996. Written comments provided by the committee members were used to develop the SEPA environmental determination and the Site Plan Approval letter. A Site Plan Approval letter and findings (Exhibit C) was issued by the Department of Community Development on June 17, 1996 and forms the basis of this staff report. VII. NEIGHBORHOOD CHARACTERISTICS Fire District No. 39 and the adjoining Lakehaven Utility District property is surrounded by both single family and multiple family residential developments. The table below identifies adjacent land uses to the subject site and approximate distance based on cardinal direction. Direction Land Use Approximate Distance from facility North French Lake Park 20 feet South Lakehaven Utility 200 -300 feet District Offices East Greystone Apts. & 450-500 feet Hillside Heights Subdivision West Mirror Woods Square 400 feet Apts. & Single family residences Although the tower is located in a residential zone in a residential area, it is situated some distance to the nearest residential dwelling. VIII. SITE DESIGN The monopole and equipment building will be situated on a 1,500 square foot project area located in the northwest corner of the ten acre Fire District No. 39 property (Exhibit D). Within the project area will be located a 336 square foot equipment building and a 150 foot monopole, surrounded by a six foot chainlink security fence. According to the SEPA checklist the height of the monopole is the minimum necessary to provide service. The project area may in the future be segregated from the rest of the Fire District parcel through subdivision. Pursuant to state subdivision law' a ground lease or sale of the project area may only occur through a formal subdivision of the Fire District property. The communication facility represents the addition of gross floor area on the site.. Consequently, it may trigger one or more of the nonconforming provisions of the FWCCZ. A review of possible nonconforming aspects (building modulation, vegetative buffers, signage, 4 parking and water quality) of the site was completed. No nonconformances were found with the exception of some potential minor adjustments to existing landscaping. Any improvements to site landscaping will be a condition of the building permit. Additional project area landscaping is being required under the provisions of Special Regulations and Notes #3, FWCC section 22-644. To this end, landscaping in the form of Columbus Arborvitae and/or Laland Cypress trees will be planted adjacent to the chainlink fence to obscure it and a portion of the equipment building from view. Outside of the landscaping will be a gravel pathway providing access around the facility. Existing landscaping on the subject site will aid in screening both the lower portion of the monopole and the equipment building. Due to the height of the monopole, no attempt has been made to hide the monopole or any portion of it. Existing evergreen trees on the Fire District, Lakenhaven Utility District and French Lake Park properties will provide some screening of the lower portion of the monopole. IX. DECISIONAL CRITERIA The Federal Way City Code sets forth process II and III decisional criteria to be used by both the hearing examiner and city council in making a decision on a land use application which requires said process. Part A below reiterates the decisional criteria used in weighing the merits of a variance request; and, part B reiterates the decisional criteria common to both process II and III. Following each of the criteria listed below is a brief response provided by staff. A. HEIGHT VARIANCE - PROCESS II The Federal Way City Code includes wireless communication facilities under the definition of public utility. Public utilities are allowed within single family (RS) zoning districts pursuant to process III land use approval as set forth in FWCC section 22-644. The aforementioned code section also stipulates maximum allowable height for any structure to be no greater than 30 feet. However, the FWCC provides a variance procedure by which an applicant may request additional height. In determining whether or not to allow additional height, the Hearing Examiner weighs the request against the variance criteria outlined in section 22-198. The Hearing Examiner may recommend approval of the height variance if all four of the decisional criteria outlined in section 22-198 are satisfied. A letter addressing the criteria was provided by the applicant (Exhibit E) discussing the projects relevance to the decisional criteria. The criteria and a staff response are provided below. 1. That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. E 2 3. Staff Response: As noted above, public utilities are an allowed use in RS zoning districts subject to process III approval. Public utilities cover a number of different type of facilities including power lines, such as the BPA powerlines that traverse the city, broadcast towers, and communication towers, etc. Public utilities provide a service through a network of facilities which are typically elevated above or below the ground surface. This allows the utility to be provided in a manner which does not conflict with the use of or mobility on land. In the present case, cellular communication is provided through a network of cellular towers which in total provide a service area. The use of cellular communication towers is an industry standard for providing service. Towers must be in a line of sight with each other in order for uninterrupted communications to take place. The towers necessary to provide such a service have been previously permitted in Federal Way as well as most other jurisdictions throughout the Puget Sound area. Regardless of the zoning designation, any application for a cellular tower would need to include a height variance, since it would need to be taller than the largest allowed building or structure. A grant of additional height would not constitute a grant of special privilege - the 90 foot tall BPA powerline towers which can be found in several RS 7.2 zoning districts within the city far exceed the height limit. Granting a height variance would not convey a special privilege to the property owner. A distinction exists between the granting of additional height for a public utility as opposed to a single family home. A public utility by its very nature must physically distinguish itself from other land uses. Granting the variance is consistent with past privileges granted by the City of Federal Way. That the variance is necessary because of special circumstances relating to the size, topography, location or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located. Staff Response: The requested height is related to the location and topography of the subject site. In order for the proposed monopole to effectively communicate by a clear line of site with existing towers adjacent to Interstate 5 and elsewhere in the Puget Sound grid, the tower must be at least the 150 feet in height requested. The option of using a roof or structure mounted antenna does not exist due to the amount of antennas and communication dishes proposed and the abscense of any tall structures in the immediate vicinity. The establishment of this use may be allowed on other properties in the same vicinity and zone subject to process III approval. That granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. R Staff Response: The response to this criteria is two part: part one, focuses on the actual physical placement of the monopole and its impact on views and adjacent residential development; and part two focuses on perceived health risks associated with cellular technology. Part one: The subject property lends itself to placement of the monopole since it provides a location that is used for non- residential uses. The subject site and adjacent property to the south is home to the Fire Department and the Lakehaven Utility District. These two parcels are developed with buildings and facilities common to the operation and maintenance of the two agencies. The site is well buffered from adjacent residential development. Though the monopole will be clearly visible from a number of areas around the city, because of existing vegetation it will not appear to loom over residences. The monopole will not introduce light, glare, or noise on to the surrounding properties. As stated in their response letter to these criteria, the applicant notes that the monopole will be painted a matte color, such as grey to blend with the sky and horizon. Part two: The public's healthy appetite for cellular technology is accompanied by a weariness regarding possible health risks from electromagnetic pollution that accompanies cellular transmission facilities. The applicant submitted several studies conducted on the effects of radio frequency electromagnetic fields'. The studies draw the same conclusion and that is that cellular base station emissions are safe for the general population. This common scientific perception is reiterated in the Telecommunications Reform Act of 1996 passed by Congress earlier this year. The Act bars state and local governments from regulating communication facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communication Commission regulations. The Act does, however, leave to local and state governments the right to determine the criteria for siting these types of facilities. 4. That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. The subject property has been developed as a King County fire station. It provides fire suppression services over a large portion of the city. Akin to the network of fire stations, the communication facility is but one of a larger network of communication facilities providing service within the city and the Puget Sound area. The location of these types of facilities is based in part on finding available land and in part based on locational theory which stipulates optimum locations in a defined service area. The special circumstance associated with the subject property is that it is already developed as a non- residential use in a residential area. This provides the applicant with a unique opportunity to site a new facility and for the Fire District to enter into a symbiotic relationship where they can increase their communications capabilities. 7 B. PROCESS II & III DECISIONAL CRITERIA The hearing examiner, after consideration of the entire record and proceedings, will issue a recommendation of approval or denial, or may recommend approval with conditions. The examiner's recommendation is then forwarded to the city council for its review and consideration. In addition to the preceding variance decisional criteria, FWCC section 443(d) sets forth process III decisional criteria which both the hearing examiner and city council must review. The three decisional criteria are reiterated below and followed by a staff response. 1. It is consistent with the Comprehensive Plan. Staff Response: The Private Utilities chapter of the Federal Way Comprehensive Plan (1995) provides both a discussion and policy regarding telecommunication systems. The discussion provided recognizes the strong and growing demand for wireless communication and the need for telecommunication service providers to locate towers within the city. The subject project is consistent with comprehensive plan goals' of providing cellular service to the city's citizens and businesses and with the policies' addressing health concerns and appropriate siting utilities. 2. It is consistent with all applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan. Staff Response: The proposed communication facility must comply with provisions of the Federal Way City Code and all other adopted codes and regulations. In accordance with adopted administrative procedures, the City's Community Development Review Committee reviewed the proposal for conformance with all codes, including the Special Regulations and Notes6 for section 22-644, Public Utility. 3. It is consistent with the public health, safety and welfare. Staff Response: The rapid growth in the demand for cellular technology has been accompanied by a heightened public awareness and uncertainty pertaining to possible health effects from exposure to telecommunication facilities. The Public Utilities Commission of the State of California conducted a four year study' to determine the health effects of power frequency.electric and magnetic fields (EMFs) created by utility power lines and cellular telephone facilities. The Commission concluded that "scientific studies have not indicated any obvious relationship between prolonged lower level RF radiation exposure and increased mortality or morbidity, including cancer." Closer to home, the 1995 session of the Washington State Legislature passed engrossed substitute house bill 2828 regulating wireless telephone services. The legislature recognizing the demand for cellular services exempted certain types of facilities from state environmental review (SEPA). However, the legislature also recognized the publics concern with perceived health effects and therefore mandated that the Department of Health review all scientific literature regarding possible health effects and make periodic reports to the legislature and the public. Furthermore, DOH may require power density tests for those facilities located in residential areas or zones. Based on current public health knowledge the proposed communication facility poses no known danger to the public health, safety and welfare. �6103Z RI OR" ire] l The proposed cellular facility complies with the goals and policies of the 1995 Federal Way Comprehensive Plan, the FWCC, and all other City regulations. XI. RECOMMENDATION It is recommended that this application to site a telecommunication facility on the Fire District property located at 1st Ave. S. and S. 317th, be APPROVED. XII. EXHIBITS Exhibit A - Vicinity Map Exhibit B - SEPA decision issued April 3, 1996 and staff evaluation. Exhibit C - Site Plan Approval Letter & Findings dated June 17, 1996. Exhibit D - Project Site Plan Exhibit E - Applicant's letter of January 8, 1996 addressing variance criteria. Notes RCW 58.17 Plats - Subdivision - Dedications. RCW 58.17 defines "subdivision" as the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. 2. Article IV. Nonconformance. The FWCC requires that certain aspects of a development be brought into compliance with current codes if the applicant is making improvements or adding square foot to a use. Whether or not an applicant is responsible for bringing a site into compliance is triggered by the dollar amount of the proposed project versus existing improvements. a. Report on the Informational Workshop on Electric Magnetic Fields (EMFs) and Cellular Transceiver Facilities, Public Utilities Commission of the State of California, December 1993. b. Radio -Frequency Electromagnetic Fields Associated with Cellular -Radio Cell -Site Antennas, Bioelectromagnetics 13:527-542 (1992). c. Human Exposure to RF Emissions from Cellular Radio Base Station Antennas, Entity Position Statement, Institute of Electrical and Electronics Engineers. May 1992. 4. Goals PUG 1 Work with private utility companies to allow them to provide full and timely service which meets the needs of the city's residents and businesses, both present and future. PUG 2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUG 4 Ensure that development regulations are consistent with public service obligations imposed upon private utilities by Federal and State law. Policies PUP 11 The City will encourage and work with telecommunication and cable companies to develop fiber optic cable networks and to increase connectivity between different networks. PUP 13 The City shall continue to monitor research into the health effects of Electro -Magnetic Fields (EMF's) and microwaves. The City will take the appropriate action once definitive conclusions about health implications are reached. PUP 17 The City should require that site-specific utility facilities such as antennae and sub -stations are reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. 6. Special Regulations and Notes 2. May be permitted only if locating this use in the immediate area of the subject property is necessary to permit effective service to the area to be served. 3. If any portion of a structure on the subject property is within 100' of a low density use, then either: (a) The height of the structure shall not exceed 15' above average building elevations;. or (b) The facade of that portion of the structure parallel to the low density [zone] use shall not exceed 50' in length. 4. The city may require additional landscaping or buffers on a case by case basis. Report on the Informational Workshop on Electric Magnetic Fields (EMFs) and Cellular Transceiver Facilities, Public Utilities Commission of the State of California, December 1993. 10 xh% i m TAC RgOR LAKE S a6 CELL SITE Eu IBIT TLE IT N MBER SS19 JECT INFO/COVER SHEET SHEET NUMBER A-1 1, JCIT�YOFi 33530 IST WAY SOUTH (206) 661-4000 FEDERAL WAY, WA 98003-6210 ENVIRONMENTAL DETERMINATION OF NON -SIGNIFICANCE APPLICATION NO.: SEP96-0001 Description of Proposal: INSTALLATION OF A WIRELESS COMMUNICATION FACILITY FOR THE DUAL USE BY AT&T WIRELESS SERVICES & KING COUNTY FIRE DISTRICT #39. FACILITY WILL CONSIST OF 150' MONOPOLE & EQUIPMENT SHELTER (12' X 201). Proponent: AT&T WIRELESS SERVICES Location: 31617 1ST AVE S Lead Agency: City of Federal Way The Responsible Official of the City of Federal Way hereby makes the following decision based upon impacts identified in the environmental checklist, the Federal Way Comprehensive Plan, the "Final Staff Evaluation for Environmental Checklist; Application No. SEP96-0001" for this action, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to R.C.W. 43.21C.060. The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under R.C.W. 43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date of issuance. Comments must be submitted by 5:00 p.m. on 04/18/96. Unless modified by the City, this determination will become final following the above comment deadline. Any person aggrieved of the City's final determination may file an appeal with the City within 14 days of the above comment deadline. Contact Person: Lori Michaelson Schill Senior Planner Phone: 661-4000 Responsible Official: Gregory D. Moore, AICD Position/Title: Director of Community Development Services Address: 33530 First Way South, Federal Way, WA 98003 Date issued: 04/03/96 Signature: M(� CITY OF FEDERAL WAY DEPARTYVIENT OF COMMUNITY DEVELOPMENT SERVICES FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST AT&T CELLULAR COMMUNICATION TOWER AND EQUIPMENT BUILDING Federal Way File No: SEP 96-0001 Related ale Nos: UPR96-0002, SPR96-0001 1. SUMMARY OF PROPOSED ACTION ............................. 2 11. GENERAL INFORMATION ................................... 2 III. HISTORY AND BACKGROUND ................................ 3 IV. EVALUATION FOR ENVIRONMENTAL CHECKLIST ................. 3 V. CONCLUSION............................................5 Exhibit A SEPA checklist dated January 5, 1996 Exhibit B Reduced scale site plan Exhibit C Overall site plan with north elevation Exhibit D Vicinity map TECHNICAL REPORTS AND ATTAC 14MF-NTS The following technical information was submitted as part of the application for development, and may not be attached to all copies of this decision. Copies of exhibits, reports, attachments, or other documents may be reviewed and/or obtained by contacting the Department of Community Development Services, 33530 1st Way South, Federal Way, Washington, 98003, phone (206) 661-4118. 1. AT&T Wireless Research Anthology on Cellular Antenna Safety 2. California PUC Study 3. IEEE United States Activities Board 4. Petersen and Testagrossa Study 5. Microwave Radio Fact Sheet ��, - 0r _47, The proposal is to install a wireless communication tower facility consisting of a 150' monopole. This facility is being constructed for dual use by die Fire District for improved public safety and AT&T telecommunication use. The first 100' will be used by AT&T Wireless and the top 50' will be used by King County Fire District #39. Located within the lower 100' section will be twelve (12) panel antennas and four (4) future omnidirectional antennas. Located at the upper height will be one 8' VHF antenna, one 6' South COM MW dish and FAA required lighting. A 12' x 20' equipment shelter will house a radio, backup battery system and HVAC system for the facility. The facility is designed to increase cellular capacity in an area which is now experiencing busy signals, delayed cellular transmission and dropped calls. II. CYF.NF.RAT. INFORMATION Project Name: AT&T Cellular Communication Tower Applicant: AT&T Wireless Services 617 Eastlake East Seattle, WA 98109 Agent/Contact: Lorraine M. Spencer, Spencer Planning 1323 Minor Avenue, A206 Seattle,WA 98101 Project Location: 31617 First Avenue S Federal Way, WA 98003 (adjacent to existing fire station) S -T -R: SE 07-21-04 Overall Parcel Area: 4.68 acres Project Area: 1,500 square feet APN # : 072104-9210 Telephone: (206) 334-0691 Type of Action: Process III application for public utility in a residential zoning district Proposal: Construction of a wireless communication facility consisting of a 150' monopole and 12' x 20' equipment shelter, for dual use AT&T Wireless Services and King County Fire District #39. Zoning: RS 9.6 Comprehensive Plan Designation: High Density Residential 2 E", -HIBIT QACE 3�. or Applications for site plan review and Use Process III along with a SEPA checklist, were submitted on January 8, 1996. The proposal was reviewed by the Community Development Review Committee (CDRC) on January 25, 1996, and the checklist was determined complete on February 22, 1996. •► e) IL41 NOW I ILT010185.1 OL41WNHUNIMMMI The following lists the elements of the environmental checklist and a response to each, indicating (a) whether city staff concurs or does not concur with the applicant's response to the checklist item number, or (b) city staff's additional comments or clarification to each checklist item. A. Background: 1.,2.,3.,4.,5.,6.,7. Concur with checklist. 8. Environmental information that has been prepared or provided for this proposal: a. SEPA checklist dated January 5, 1996 b. AT&T Wireless Research Anthology on Cellular Antenna Safety C. California Public Utilities Commission Study d. IEEE United States Activities Board e. Petersen and Testagrossa Study f. Microwave Radio Fact Sheet 9. Project will be reviewed under Use Process III (#UPR96-0002), which requires City Council approval following a public hearing conducted by the hearing examiner. Building permits will not be issued until this process has been concluded. Related city permit: #BLA95-0011, proposed boundary line adjustment to the property line between the subject site, owned by King County Fire District, and the parcel lying immediately west, owned by Lakehaven Utility District. 10. , 11. , 12. Concur with checklist. B. Environmental Elements 1. Earth: a., b., c., d., e. Concur with checklist. f. King County and City of Federal Way Sensitive Areas maps do not reveal the site to be in a problem area relative to landslides, seismic hazards, erosion, steep slopes, or 100 -year floodplain. g. Concur with checklist. h. An erosion control plan is required to be approved and implemented in accordance with the City's engineering standards in conjunction with any filling and grading activities. 2. Air: Short term impacts to air quality will occur during construction and paving operations. Longer term impacts due to vehicle emissions will be insignificant since the proposed unoccupied building will generate no additional traffic levels. Construction activity, especially site preparation work, will contribute to a short term increase in local suspended particulate levels. Construction activity will also contribute minor increases to carbon monoxide levels through the operation of construction machinery, the use of trucks to deliver equipment and materials, and worker access to the site by automobile. These activities also involve emissions of hydrocarbons and oxides of nitrogen, potentially elevating the level of photochemical oxidants, such as ozone, in the ambient air. 3 D"HIBIT PACI�_ 5 or: 2. b. The project site is bordered at approximately 140 feet to the east by Ist Avenue South, which is classified as a minor arterial, and which is the major source of off-site emissions. C. Compliance with local, state and federal air quality standards will provide sufficient mitigation of the potential onsite impacts of construction activities. Water: Surface: Wetlands associated with Mirror Lake are located approximately 600 feet to the northwest of the west boundary of the site. Ground: Concur with checklist. Water Runoff. Concur with checklist. The tower and equipment storage building will create less than 400 square feet of new impervious surface area. A drainage plan that addresses this specific project shall be submitted for approval in accordance with the City's engineering standards in conjunction with all applications proposing impervious surface areas over 500 square feet. 4. Plants: Concur with checklist. Mature trees and vegetation are located adjacent to the northeast of the project site. An approved landscape plan in accordance with code requirements is required of the project, and all required landscaping must be installed prior to the final inspection. Per code requirements, 25 percent of new landscape materials shall consist of drought -tolerant species. All developments are encouraged to include native Pacific Northwest and drought tolerant plant materials. 5. Animals: a., b. Concur with checklist. C. The site is part of the Pacific Flyway Migratory Route. d. Concur with checklist. 6. Energy and Natural Resources a., b., c. Concur with checklist. Energy provisions for the development will conform to applicable local, state and federal regulations. 7. Environmental Health: a. Concur with checklist. The technical report titled "Report on the Informational Workshop on Electric Magnetic Fields (EMFS) and Cellular transceiver Facilities" and legal opinion and order filed by the Public Utilities Commission of the State of California, 1994, indicates that exposure to electromagnetic frequency radiation from cellular telecommunications would be insignificant. b. Concur with checklist. Noise levels will increase on a short term basis during construction activity. No long-term noise levels will be generated by this unoccupied development. Land and Shoreline Use: a., b., c., d., e. Concur with checklist. f. The current comprehensive plan designation for the site is High Density Residential. g., h., I., j . , k., 1. Concur with checklist. Housing: Concur with checklist. 4 EXHIBIT � PAGE �O .OFA__ 10. Aesthetics: a. Concur with checklist. In addition, any vents and similar rooftop appurtenances that extend above the roofline shall be surrounded by a solid sight obscuring screen. b. Concur with checklist. The tower will be visible from ist Avenue South above existing mature evergreen trees and may be visible from higher vantage points in the surrounding vicinity. C. Concur with checklist. The zoning code requires landscaping and vegetative screening of blank walls and encourages foundation landscaping to augment development aesthetics. 11. Light and glare: a., b., c. Concur with checklist. d. Concur with checklist. In addition, potential glare from lighting elements may be mitigated per lighting regulations in the zoning code. 12. Recreation: a. The abutting parcel to the north of the site is a designated city park, "French Lake." b., c. Concur with checklist. 13. Historic and Cultural Preservation: Concur with checklist. 14. Transportation: Concur with checklist. A metro transit stop is located south of the site at 320th Street and 1st Avenue South. 15. Public Services: Concur with checklist. 16. Utilities: Concur with checklist. C. Conclusion: The proposal can be found to not have a probable significant adverse impact on the environment. The findings of the `Final Staff Evaluation for Environmental Checklist Application #SEP96-0001' are supported by the plans, policies, and regulations formally adopted by the City of Federal Way for the exercise of substantive authority under SLPA to approve, condition, or deny proposed actions. The City reserves the right to review any future revisions or alterations of the site or the proposal in order to determine the environmental significance or non -significance of the project at that point in time. Prepared by: Lori Michaelson Schill, Senior Planner Date: March 25, 1996 EXHIBIT � PAC 7 O�� CITY OFg== A 33530 IST WAY SOUTH Ms. Lorraine Spencer Spencer Planning 1323 Minor Ave., A206 Seattle, Washington 98101 (206) 661-4000 FEDERAL WAY, WA 980G3-6210 June 17, 1996 RE: SITE PLAN APPROVAL - Mirror Lake Wireless Communication Facility FW File No. SPR96-0001 Dear Ms. Spencer: The City of Federal Way completed administrative review of the proposed Mirror Lake wireless communication facility. The facility consists of a 150 foot monopole tower and an associated 12'x 28' equipment building and is to be erected on King County Fire District No.39 property at 31617 1st Ave. South. The site plan is hereby approved with the following condition: Approval of the height variance request and process III land use approval must be obtained from the Federal Way City Council prior to issuance of construction permits. Unless modified or appealed, this approval is valid for a period of one year from the date of the decision. If no further action is taken within one year of the decision, the decision will expire. A single six month extension may be granted only if a written request is submitted to the City's Department of Community Development Services, 33530 lst Way South, Federal Wav, Washington, at least thirty (30) days prior to the expiration of this decision. Pursuant to Federal Way City Code section 22-367, Aopeals, an applicant may appeal a decision to require modifications of a proposal, other than modifications required to bring the proposal into compliance with the provisions of site plan review and all applicable laws. Any appeal will be heard by the Federal Way Hearing Examiner using the provisions of process I. The appeal must be in the form of a letter delivered to the Department of Community Development Services and be accompanied by the established fee ($70) within fourteen (14) calendar days after issuance of the decision. The appeal letter must contain a clear EXHIBIT G PAG = —L— or-- too*, Ms. Spencer Mirror Lake Communication Facility Page 2 reference to the matter being appealed and a statement of the factual findings and conclusion of the Director of Community Development Services disputed by the person filing the appeal. This decision shall not waive compliance with future City of Federal Way codes, policies -and standard5-relating to this development. Also, be advised that various performance and maintenance bonds will be required for this project. All required bonds or other agreements must be completed prior to issuance of any related construction permits. A cash deposit is also required to cover the City's potential expenses, if necessary, for obtaining and using the proceeds of any bond. The cash deposit shall be posted for up to 50 ($100 minimum) prior to building permit issuance. The cash deposit will be refunded following satisfactory completion of all bond requirements. With the issuance of site plan approval, the next step in the process is to go before the Federal Way Hearing Examiner who will consider this application and make a recommendation to the City Council. It is anticipated that an early July hearing will be scheduled. You will be notified of the exact date. If you have any questions regarding this letter or the project, please contact Michael Thomas, Senior Planner, at 661-4104. Sincerely, Gregory D/Moo, AICP Community/ eve pment Services Director Attachments: 1. Findings for Site Plan Approval 2. SEPA determination c: file I:\DVPROJCT\ATT\SPRAPPVL.WPD EXHIBIT � PAG E_ ®�_.. 3 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT FINDINGS FOR SITE PLAN REVIEW APPLICATION #SPR96-0001 MIRROR LAKE WIRELESS COMMUNICATION FACILITY 31617 First Avenue South Federal Way, Washington The following are recommended findings for Site Plan Approval to install a 150 foot monopole tower and construct a 12'x 28' equipment building. Together these facilities will help increase the cellular capacity for the Federal Way area. Findings. 1. This proposal includes the installation of a 150 foot monopole tower which will be used jointly by AT&T telecommunications and King County Fire District No. 39. 2. The tower will house 12 panel antennas; 4 omni -directional antennas; one 8 foot VHF antenna; one 6 foot COM MW dish; and FAA required lighting. 3. A 12'x 28' equipment building will be constructed at the base of the tower and will house a radio, backup battery system, and HVAC. 4. Installation of the tower is needed to better provide cellular service to the greater Federal Way area which is now experiencing busy signals, delayed cellular transmission, and dropped calls. 5. The tower will provide King County Fire District No. 39 with improved communication capabilities to better serve the greater Federal Way area. 6. The project requires approval through Process III pursuant to Federal Way City Code section 22-644. Process III requires approval from the City Council following a public hearing conducted by the Federal Way Hearing Examiner. 7. The monopole tower exceeds the 30 foot height limit established in FWCC section 22-644. Therefore, included in this application is a request for a height variance. Applications for variances are governed by the criteria established in FWCC section 22-196 et seq. The variance request will be considered as part of the Process III approval process. 8. Landscaping will hide the six foot security chainlink fence that will surround the monopole and equipment building. 9. A revised site plan was submitted on May 13, 1996 and routed to the City's Development Review Committee for comment on May 16, 1996. Site plan includes the following drawings: 1) Project EXHIBIT G PACE: 3 -- OF 5 Site Plan Findings Mirror Lake Wireless Facility Page 2 Information & Cover sheet; 2) Cell Site; 3) Overall Plan and Elevation; and, 4) Landscape Plan for the leased site only. 10. The subject site is located on the King County Fire District No. 39 site at lst and 317th. AT&T Wireless facilities will be on a of the site approximately 25'x 60' in dimens-ion, located in the northwest portion of the site. 11. A State Environmental Policy Act (SEPA) environmental decision of non -significance (DNS) was issued by the City on April 3, 1996. No comments were received by the April 18, 1996 comment deadline, and no appeals filed regarding the environmental decision. 12. The following environmental information was provided by the applicant concerning the possible health effects to humans from electromagnetic frequency radiation from cellular telecommunications: 1) AT&T Wireless Research Anthology on Cellular Antenna Safety; 2) California Public Utilities Commission Study; 3) IEEE United States Activities Board; 4) Petersen and Testagrossa Study; and, 5) Microwave Radio Fact Sheet. 13. A technical report titled `Report on the Informational Workshop on Electric Magnetic Fields (EMFS) and Cellular transceiver Facilities' and an order filed by the Public Utilities Commission of the State of California (1994) indicates that the exposure to electromagnetic frequency radiation from cellular telecommunications would be insignificant. 14. The height of the monopole (150 feet) is the minimum needed to provide adequate service to the greater Federal Way area. 15. The monopole will be fitted with a light, as required by the FAA, which will identify the top of the tower 24 hours a day. 16. There will be some aesthetic impacts associated with the installation of the monopole. Existing fir trees will provide some screening of the monopole. The equipment building and chainlink fence will be screened by the planting of Leland cyprus trees. The monopole will be painted grey. 17. The UHF antenna and microwave dish will improve communication services for the Fire Department. The Fire District will be able to access via microwave link to a new 800 MHZ public safety radio system and have the ability to link voice and data to outlying fire stations 18. The subject site is zoned Single Family (RS) 9.6. The Federal Way Comprehensive Plan designation is High Density Residential. 19. Surrounding land uses are: North - Mirror Lake Heights Subdivision and French Lake Park; South - Campus Corner Apartments and EXHIBIT" C- PA G .PAG E..� 0 Site Plan Findings Mirror Lake Wireless Facility Page 3 offices; West - Mirror Woods Square Apartments and single family homes; and East - Greystone Apartments and Hillside Heights Subdivision. 20. The State Department of Health (DOH) was charged through the passage of ESHB 2828 in 1996-legislative-sess-ion as the agency responsible for following issues and compiling information pertaining to health effects from wireless telecommunications facilities. 21. A City's Development Review Committee reviewed this proposal at its January 25, 1996 meeting. A letter containing the comments of the Committee was sent to the applicant on February 22, 1996. 22. Use of a ground lease for the wireless facility site can only be done post segregation of the area through an appropriate land division process. In this instance, a short plat of the Fire District parcel would need to completed. Conclusion. The proposed site plan and application have been reviewed for compliance with the Federal Way Comprehensive Plan, pertinent zoning regulations, and all other applicable city regulations. Final construction drawings will be reviewed for compliance with this approval. This decision shall not waive compliance with future City of Federal Way codes, policies and standards relating to.this decision. In accordance with Federal Way City for Site Plan Review' along with the letter will be used as the basis of examiner for process III approval. Prepared by: Michael Thomas, Senior Planner June 5, 1996 1:\DVPROJCT\ATT\FINDINGS.WPD Code section 22-366, this `Findings associated Site Plan approval the staff report to the hearing .�411BIT PAG E Z_r NVld 31lS saoinias ssaIaJiM LIOJLV � MISS 3M TDA 3W1 21 WR yam= 90 wL "� R sss11-1 X11128!11j, 0 , F rn Was u1t 0 {1 on— L—• a LU r ` •K hE I, \ . I r �gR TT7■,: & .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I B ti n I I b H I , IOLLYA313 OM/ NYId TNSMO saOIAJO SSGIOJM l'Slt! V 311S TM 3WI ® W EY?-#9BIT 71 1 t1l j cc a gas �$ i.- 7 �n l NY N ���X aog"stag=g�� g RE WE, saOiAJas ssalaim l'Sltl � u gO �,6 –G —G> 47, w r HU dJQ � _ yyg7� r�u x xyq ®� b °Y SPENCER PLANNINU Facility sitilzg, Pla1111irtg & Community Relations 1323 Miner Avenue #A 206 Seatrie, Wnshiniton 98101 January 8, 1996 City of Federal Way Department of Community Development Bill Kingman, Planner 33530 First Way South Federal Way, WA 98003 Dear Mr. Kingman: (206) 343-7335 Ph./Fns (206) 790-4021 Portnblc On behalf of AT&T Wireless, this letter requests approval of a Use Process III permit for a height variance for the construction of a dual use Public Safety/Communication Facility located at King County Fire District #39. As shown on the site plan, the proposed project complies with all other lot dimensions required by Federal City Code. This facility is being constructed for cooperative use by the King County Fire District #39 for improved public safety and AT&T Wireless to increase telecommunication service in the area. The facility will include a 150 ft. steel monopole and prefabricated equipment shelter. The antennas at 100 ft will serve AT&T and the antennas at 150 ft will serve the Fire District. Located at 100 ft. height will be twelve (12) panel antennas and four (4) fiiture omnidirectional antennas an located at 150 ft. one 8' VHF antenna, one 6' Microwave dish and FAA required lighting (model #L-864). The 12' x 20' equipment shelter will house a radio, backup battery system and HVAC system for the facility. The facility is screened from surrounding uses by a solid five (5) ft wide vegetative screen (Columbus Aborvitae and/or Lakland Cyprusis trees -native and drought resistant) outside the six feet tall chainlink barbed wire security fence. The facility requires only electrical and telephone service, will be unmanned and intermittently accessed for maintenance. The proposed site is located north of the Fire District # 39 parking area and west of the fire station. The project area (1500 sq. ft.)is presently a flat, grass covered border landscaped with four (4) pine trees 4' to 6' tall. To meet the Fire District's need for a improved communication system and the increasing demand for wireless service, both users request approval of the cooperative project to consolidate uses on one 150' monopole, thereby eliminating the need for two towers in the area. Federal Way City Code Section 22-198 states the criteria for the granting of such permit. This proposed project meet the City Code requirements for approval. EXHIBITJ� PtiG I - 0 ,! The city may grant the variatrce orrly, if it finds all of the folloil,ing: (1) That the variatrce ii)ill riot constitrtte a grant (?f special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone to which the subject property is located The public safety/communication tower and equipment shelter is compatible with the other utility/public uses of the parcel and in the area. Although the parcel is zoned for residential, it is utilized for public service. Currently tPe Fire District has a fire station station/community service building,` � e '' X43 antenna ato' p the station building and a fuel supply shelter. Located on adjacent property to the west is the Lakehaven Utility District; to the north a park; and east across First Ave South residential.. The facility will not conflict or interfere with the use of the park or residential area. The site selected is well screened from this residential area by tall Douglas Fir trees and tall buildings. (2) That the variance is necessary because of special circumstances relating to with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. The monopole height was selected, considering engineering constraints to be the minimum height necessary to provide service in the area. To provide quality service throughout an area, these communication systems rely on a series of strategically placed towers/antennas to communicate.. The signals must be able to "see" each antenna for a "hand off'. Also, the AT&T antennas and the Fire District antennas must be separated by a minimum of 50" to operate on different frequencies and avoid interference. Because of the area's irregular topography and tall buildings this location will provide for optimal operation of both antenna systems. (3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. The location size and height will not hinder neighborhood circulation or interrupt permitted development or improvements in the area. The placement and parcel location of the proposed site were selected to reduce aesthetic impacts. Existing landscaping (Douglas Fir) and the site landscaping buffer will screen the tower and equipment shelter from adjacent properties. The monopole will be painted gray (or any color recommended by the City of Federal Way) to blend with the skyline. The tower/antennas will increase needed capacity and service for the Fire District and other emergency providers using wireless services. This facility will increase wireless service the area which is now experiencing busy signals, delayed cellular E!`HIBI 6 PAC E Z Q i transmission and dropped calls. Quality, dependable communication services are critical for success emergency public services. The Fire District antenna system will provide increased capacity and efficient communication for responding emergency personnel vehicles. There are no known environmental health hazards which occur as a result of wireless communication facilities. The proposed communication facility operates at an extremely low power and at high radio frequency of between 825 and 875 megahertz. These frequencies were previously utilized by UHF television. All radio frequency emissions are regulated by the Federal Communications Commission. (4) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. The special circumstances of the subject property are not the result of the actions of the owner or lessee of the subject property. AT&T is pleased to collaborate with the King County Fire District #39 in this effort to provide improved communication services for the citizens of Federal Way area. Thank you for your consideration. If there are any question or concerns regarding this request, please contact me at 334-0691. Sincerely; �Te 1 L. Spencer TLS Planning Services OF KING COUNTY FIRE PROTECTION DISTRICT NO. 39 i-EDERAL WAY FIRE DL-PARTfVIFNT 3 1 6 1 7 • i ST AVENUE SQ FEDERAL WAY, WASHING I ON 98003 A� Bill Kingman SF29 �— i7 a o Department of Community Development UP(C9 (o O o02 City of Federal Way SEP q G - �'D° t January 8, 1996 Dear Bill, As you are aware, Fire District 39 has made a unique financial arrangement with AT&T Wireless Services to erect a public safety communications pole at Fire Station #2 at 31617 1 st Avenue South. This communications pole will provide the Fire District with the ability to connect via microwave links to the new 800 MHz public safety radio system in 1996, enhanced VHF coverage in Federal Way, and the ability to link voice and data to our outlying stations, saving significant recurring costs for telephone lines. The financial arrangement will require that AT&T install the communications pole. For their investment, AT&T will be provided space on the pole for cellular telephone antennas. This arrangement will be positive for AT&T and the taxpayers within the fire district. Although AT&T will be formally responsible for gaining appropriate permits and performing the actual construction, the Fire District will remain involved throughout the process. If there is anything that we can do to assist your office or clarify the purpose of the communications pole, please do not hesitate to call me at 529-7200. S' cerely,, Jim 1-lamilton -„ IBIS° IF, or Business Phones: Seattle 206-839-6234 Tacoma 206-927-3118 FAX: 206-946-2086 MY OF G DATE: August 12, 1996 TO: Phil Watkins, Chair Land Use/ Transportation Committee FROM: Rick Perez, Traffic Engineer Hazem El-Assar, Assistant Traffic Engineer SUBJECT: Final Acceptance of the S 316th Street/ 20th Avenue S Traffic Signal & Channelization Construction Contract Background Prior to release of retainage on a Public Works project, the City Council has to accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. The final cost for the S 316th Street/ 20th Avenue S Traffic Signal & Channelization construction contract is $148,197.03, which is 4.9% above the approved contract budget of $141,283.30. The customary 10% construction contingency was not formally requested for this project; however, the final cost falls within the allocated budget. The 4.9% project overrun was primarily due to variance between the Design Engineer's bid item quantity estimates and actual construction quantities. Construction was performed by TransTech Electric, Inc. Recommendation Forward the following item on the next scheduled Council Consent Agenda for approval: 1. Acceptance of the S 316 Street/ 20th Avenue S construction project as complete and authorization of retainage release to TransTech Electric, Inc. JAMCOMMONEUT020016AC. WPD MEMORANDUM TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Jeff Pratt, Surface Water Manager DATE: August 15, 1996 RE: 1996 Surface Water Management Annual Improvement Program - Small Works Roster Bid for Joe's Creek Flow Control Structure. Background: Included in the 1996 Surface Water Management Division's Annual Improvement Program are Water Quality Improvement and Lake and Stream Restoration projects. One of these projects is the Joe's Creek Flow Control Structure, which will provide a stable stream channel for monitoring stream flows, hydrologic/hydraulic responses, and water quality trends. The data gathered from these stations will be used to meet National Pollutant Discharge Elimination System (NPDES) requirements as well as established flood prevention and water quality goals. This flow/water quality monitoring station will be the fifth of six long-term stations planned. The final station will be completed next Summer. The Division requested bids for the construction of this facility from selected Small Works Roster Contractors. Because the bids are not due until August 16th, the low bid amount and a recommened contractor award will be provided at the August 19th Committee meeting. We expect to recommend that the Committee and Council authorize award of the bid to the lowest responsive responsible bidder. The engineer's estimate for construction of this project is $24,000. Recommendation: Staff requests that the Committee forward this matter to Council for consideration at their next scheduled meeting on September 3, 1996 with a recommendation to award the contract to the selected lowest responsive responsible bidder with an added 10% of bid construction contingency. The exact amount of the bid and corresponding 10% construction contingency will be presented at the August 19th Committee meeting. MEMORANDUM TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Jeff Pratt, Surface Water Manager DATE: August 15, 1996 RE. 1996 Surface Water Management Minor Capital Improvement Program - Small Works Roster Bids Background: As a part of its 1996 Minor Capital Improvement program the Surface Water Management division requested bids from the list of small works roster contractors on the second phase of a flood control project located on 1st Avenue at approximately S317th (near the fire station and Lakehaven Utility District). As the total bid amount is in excess of $20,000.00, we are seeking the Council's authorization to award the bid to the lowest responsive responsible bidder. Only three of the twenty-one requested bids were returned. The returned bid amounts were: RAM Inc. $ 80,825.40 R. W. Scott Inc. $ 90,184.70 Higgenbottham $ 85,471.00 RAM Inc. was the lowest responsive responsible bidder with a bid of $80,825.40 which can be itemized as follows: Project Construction $ 74,700.00 Sales Tax @8.2% $ 6,125.40 Subtotal (Bid Amount) $80,825.40 10% Construction Contingency $ 8,082.54 TOTAL $88,907.94 Our engineering cost estimate for this project was $80,068.00. Although the bid amount is slightly above the estimated and budgeted construction cost there is adequate money to complete the project. This is due to the fact that a portion of the project's costs will be offset by money received from the Federal Emergency Management Agency on other associated projects within this fund resulting in a net overall positive fund balance. As dicussed during the August 5th Committee meeting, we are receiving this money as a direct result of the flooding associated with the February 1996 rainstorms. Recommendations: Staff recommends that Committee forward this matter to Council for consideration at their September 3, 1996 meeting and that the bid be awarded to Ram Inc., in the amount of $80,825.40 with a 10% construction contingency in the amount of $8,082.54 added and authorized for the project.