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Home My WebLink About12-06-2021 LUTC Agenda Packet City of Federal Way City Council Land Use & Transportation Committee December 6, 2021 City Hall 5:00 p.m. Zoom Meeting Committee Members City Staff Martin Moore, Member EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist Administrative Assistant II (253) 835-2700 Notice: Pursuant to Governor Inslee’s Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description Presenter(s) Page Action or Info Council Date A. Approval of Minutes November 1, 2021 3 N/A B. RESOLUTION: Ratification of the 2021 WRIA 9 Salmon Habitat Plan Ancelet 6 Action 1/4/22 Consent C. 2020 Asphalt Overlay Project – Final Acceptance Cole 13 Action 1/4/22 Consent D. Lakota Middle School Safe Routes to School - SW Dash Point Road – Letter of understanding with Verizon Mulkey 15 Action 1/4/22 Consent E. Adaptive Traffic Control-City Center-Phase 2- 85% Design Status Report and Authorization to Bid Chandra 24 Action 1/4/22 Consent F. Acceptance of Housing Action Plan Implementation Grant Skadsen 27 Action 1/4/22 Consent G. Progress Update on Sound Transit Projects in Federal Way Medlen 29 Info Only N/A H. ORDINANCE: Modifying the City’s Nuisance Code Van Alstyne 31 Action 1/4/22 First Reading I. ORDINANCE: Proposed Code (12.35 FWRC) for Licensing Permanent Supportive Housing and Transitional Housing, and Emergency Housing and Shelter Davis 39 Action 1/4/22 First Reading Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640 Sign-Up* here to give citizen comment during the meeting (via calling-in) Click Here to submit written comments to the LUTC Watch from the Zoom mobile app with meeting: 809 975 640 and passcode: 595617 City of Federal Way City Council Land Use & Transportation Committee December 6, 2021 City Hall 5:00 p.m. Zoom Meeting Committee Members City Staff Martin Moore, Member EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist Administrative Assistant II (253) 835-2700 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be February 7, 2021 at 5:00 p.m. 6. ADJOURNMENT Committee Members City Staff Greg Baruso, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II (253) 835-2706 City of Federal Way City Council Land Use & Transportation Committee November 1, 2021 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Greg Baruso, and Committee Member Hoang Tran (remote). Other Councilmembers in Attendance: City Council President Susan Honda, Council Member Lydia Assefa-Dawson. Staff in Attendance: Public Works Director EJ Walsh, Public Works Deputy Director Desiree Winkler, Assistant City Attorney Kent van Alstyne, Development Services Manager Cole Elliott, Capital Engineer Jeff Huynh, Planning Manager Keith Niven, Sound Transit Liaison Ryan Medlen, Policy Advisor Bill Vadino, Community Development Director Brian Davis, and Administrative Assistant II Sara Gilchrist. Citizens Presenting: 1. CALL TO ORDER: 5:00 PM 2. PUBLIC COMMENT: None. 3. COMMITTEE BUSINESS: None. Topic Title/Description A. Approval of Minutes: October 4, 2021 Committee approved the October 4, 2021 LUTC minutes as presented. ● Moved: Tran ● Seconded: Baruso ● Passed: 2-0 unanimously B. 2021 Transportation Improvement Board (TIB) Senior Traffic Engineer Jason Kennedy presented a request for authorization to submit an application for grant funding for the 2021 Transportation Improvement Board Complete Streets grant funding application for Americans with Disabilities Act improvements. Questions and discussion followed. Committee forwarded Option #1 (Authorize staff to submit grant.) to the November 16, 2021 Consent Agenda for approval. ● Moved: Tran ● Seconded: Baruso ● Passed: 2-0 unanimously Committee Members City Staff Greg Baruso, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II (253) 835-2706 C. S 348th St NHS Preservation Project – Preliminary Design Phase Report Capital Engineer Jeff Huynh presented information on the NHS Preservation Project Design Phase Report. Questions and discussion followed. Committee forwarded Option #1 (Authorize Staff to proceed.) to the November 16, 2021 Consent Agenda for approval. ● Moved: Tran ● Seconded: Baruso ● Passed: 2-0 unanimously D. Military Rd S Preservation Project – Preliminary Design Phase Report Capital Engineer Jeff Huynh presented information about the Military Rd S Preservation Project Design Phase. Questions and discussion followed. Committee forwarded Option #1 (Authorize staff to proceed.) to the November 16, 2021 Consent Agenda for approval. ● Moved: Tran ● Seconded: Baruso ● Passed: 2-0 unanimously E. Greenway Pavement Markings Phase 2 (2021) Project – Final Acceptance Capital Engineer Jeff Huynh presented information about the Greenway Pavement Markings Phase 2 project, including the project budget and financial impacts. Questions and discussion followed. Committee forwarded Option #1 (Authorize final acceptance.) to the November 16, 2021 Consent Agenda for approval. ● Moved: Tran ● Seconded: Baruso ● Passed: 2-0 unanimously F. ORDINANCE: T-Mobile Wireless – Franchise Agreement Development Services Manager Cole Elliott presented a T-Mobile Franchise Agreement Amendment, including background information on the original agreement. No questions followed. Committee forwarded Option #1 (Adopt the proposed ordinance.) to the November 16, 2021 Consent Agenda for First Reading. ● Moved: Tran ● Seconded: Baruso ● Passed: 2-0 unanimously G. RESOLUTION: Adopting a Work Plan and Public Participation Plan for Updating the Comprehensive Plan and Development Regulations, Pursuant to RCW 36.70A.130. Planning Manager Keith Niven presented the Proposed Public Participation Plan and Master Schedule for the Comprehensive Plan Update, including proposed methods. Questions and discussion followed. Committee forwarded Option #1 (Approve the proposed resolution.) to the November 16, 2021 Consent Agenda for approval. ● Moved: Tran ● Seconded: Baruso ● Passed: 2-0 unanimously Committee Members City Staff Greg Baruso, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II (253) 835-2706 H. Progress Update on Sound Transit Projects in Federal Way Sound Transit Liaison Ryan Medlen reported on current activities regarding Sound Transit projects, including construction of the light rail line and station at the Federal Way Transit Center. Questions and discussion followed. I. Updates on Aviation Noise and Health Issues Policy Advisor Bill Vadino reported on current activities regarding the Aviation Noise and Health Issues, including information on the Seatac Airport Master Plan. Questions and discussion followed. 4. OTHER: None. 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held December 6, 2021 at 5:00 p.m. in City Hall Council Chambers (or Zoom meeting, per State Guidance). 6. ADJOURNMENT: The meeting was adjourned at 6:42 p.m. Attest: Approved by Committee: Sara Gilchrist, Administrative Assistant II Date Resolution No. 21-_____ Page 1 of 5 Rev 1/21 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, ratifying the 2021 Update to the Green/Duwamish and Central Puget Sound Watershed or Water Resource Inventory Area (WRIA) 9 Salmon Habitat Plan, making our watershed fit for a King. ______________________________________________________________________________ WHEREAS, the 2021 Update to the WRIA 9 Salmon Habitat Plan (“WRIA 9 Plan”) is an addendum to the 2005 WRIA 9 Salmon Habitat Plan, and includes new science, revised habitat goals and recovery strategies, an updated capital project list, and a monitoring and adaptive management plan; and WHEREAS, 17 local governments in WRIA 9 (“Parties”) have partnered through an inter- local agreement (“ILA”) (2001-2006, 2007-2015, 2016-2025) to jointly fund development and implementation of the WRIA 9 Plan to address shared interest in and responsibility for long-term watershed planning and salmon recovery in the Green/Duwamish and Central Puget Sound Watershed (“Watershed”); and WHEREAS, in March 1999, the National Oceanic and Atmospheric Administration (“NOAA”) Fisheries listed the Puget Sound Chinook salmon evolutionary significant unit, including the Green River Chinook salmon population, as a threatened species under the Endangered Species Act (“ESA”); and WHEREAS, local jurisdictions have authority over some habitat-based aspects of Chinook survival through land use and other policies and programs; and the state and tribes, who are the legal co-managers of the fishery resource, are responsible for addressing harvest and hatchery management; and Resolution No. 21-_____ Page 2 of 5 Rev 1/21 WHEREAS, the WRIA 9 partners recognize participating in the ILA and implementing priorities in the WRIA 9 Plan demonstrates their commitment to proactively working to address the ESA listing of Chinook salmon; and WHEREAS, coordination and cooperation among federal, state, and local agencies, tribes, businesses, non-governmental organizations, landowners, community members, and other interests are essential to implement and adaptively manage a salmon recovery plan; and WHEREAS, the Puget Sound Partnership serves as the Puget Sound regional organization and lead agency for planning and implementing the Puget Sound Salmon Recovery Plan, approved by NOAA Fisheries; and WHEREAS, the WRIA 9 Plan is one of fifteen watershed-based chapters of the Puget Sound Salmon Recovery Plan; and WHEREAS, the City supports cooperation at the WRIA level to set common priorities for actions among partners, efficient use of resources and investments, and distribution of responsibility for actions and expenditures; and WHEREAS, habitat protection and restoration actions to increase Chinook salmon productivity trends are necessary throughout the watershed, in conjunction with other recovery efforts, to avoid extinction in the near term and restore WRIA 9 Chinook salmon to viability in the long term; and WHEREAS, salmon recovery is interrelated with flood risk reduction, water quality improvement, open-space protection, recreation, economic development, and tribal treaty rights; and Resolution No. 21-_____ Page 3 of 5 Rev 1/21 WHEREAS, the City has a strong interest to achieve multiple benefit outcomes for people and fish across the watershed; and WHEREAS, the WRIA 9 Plan recognizes that salmon recovery is a long-term effort, and focuses on a 10-year implementation time horizon to allow for evaluation of progress and adaptation of goals and implementation strategies; and WHEREAS, it is important to provide jurisdictions, the private sector and the public with certainty and predictability regarding the course of salmon recovery actions in WRIA 9; and WHEREAS, if insufficient action is taken at the local and regional level, it is unlikely Chinook salmon populations in WRIA 9 will improve and it is possible the federal government could list Puget Sound Chinook salmon as an endangered species, thereby decreasing local flexibility; and WHEREAS, the Parties previously took formal action to ratify the 2005 Salmon Habitat Plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City hereby ratifies the Green/Duwamish and Central Puget Sound Watershed, Water Resource Inventory Area 9 Salmon Habitat Plan Update, Making Our Watershed Fit for a King, dated February 2021. Ratification is intended to convey the City’s support for the following: 1. Protecting and restoring habitat based on best available science with the intent to achieve sustainable, resilient, and harvestable populations of naturally spawning Chinook salmon. Resolution No. 21-_____ Page 4 of 5 Rev 1/21 2. Pursuing a multi-benefit approach to WRIA 9 Plan implementation that integrates salmon recovery, flood hazard reduction, water quality improvements, open space and recreation, and equity and social justice to improve outcomes for people and fish. 3. Utilizing the WRIA 9 Plan as a source of best available science to inform local government actions, including, but not limited to land use, shoreline, and transportation planning/permitting. 4. Utilizing capital project concepts, programmatic actions, and policies outlined within the WRIA 9 Plan to inform local priorities for implementation and funding via grants, capital improvements, ordinances, and other activities. Ratification does not obligate any partner to implement any specific actions or adhere to specific timelines for such actions. 5. Working collaboratively with local, state, and federal partners and tribes to support and fund implementation of the WRIA 9 Plan, including monitoring and adaptive management to address scientific uncertainty, tracking and communicating progress, and refining strategies to ensure cost- effective investments. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 21-_____ Page 5 of 5 Rev 1/21 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20__. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Lakota Middle School Safe Routes to School Project Page 1 2021 LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND MCIMETRO ACCESS TRANSMISSION SERVICES LLC DBA VERIZON ACCESS TRANSMISSION SERVICES FOR LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT (SW DASH POINT ROAD (21ST AVE SW TO SW 312TH ST)) THIS LETTER OF UNDERSTANDING (this “LOU”) is made and entered into this ____ day of ______________, 2021, by and between the City of Federal Way (hereinafter “City”) and MCImetro Access Transmission Services LLC DBA Verizon Access Transmission Services. (hereinafter “Verizon”), collectively referred to herein as the “Parties.” WHEREAS, the City proposes to proceed with the Lakota Middle School Safe Routes to School Project (SW Dash Point Road (21st Ave SW to SW 312th St)) (hereinafter “Project”); and WHEREAS, Verizon provides fiber optic cable service in the general area of the Project in accordance with Franchise Agreement, Ordinance Number 18-845, respectively and applicable Washington State, City of Federal Way laws and regulations; and WHEREAS, in connection with the roadway improvements being undertaken by the City, Verizon will be required to relocate certain underground facilities such as cables and vaults into a relocated underground duct and vault system within the Project area; and WHEREAS, In accordance with the Federal Way – MCImetro Access Transmission Services LLC DBA Verizon Access Transmission Services Franchise Agreement, Ordinance No. Number 18-845, if the City charges Verizon for use of a provided trench, Verizon shall participate in the joint trench portion of the project (the “Joint Utility Trench Work”) and pay the City a portion of the trench costs, including but not limited to, trench bedding, backfill, restoration and traffic control commensurate with Verizon’s proportionate share of trench usage. Lakota Middle School Safe Routes to School Project Page 2 2021 NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: I. PRECONSTRUCTION ESTIMATE. Exhibit A is a good faith project cost estimate for Verizon’s share of Joint Utility Trench Work and for installation of conduit and vaults furnished by Verizon. Costs are based on an engineer’s estimate provided by the City. Exhibit B is a good faith total project cost based on an estimate of Verizon’s share of project administrative costs. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and Verizon that Verizon plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by potential contractors within the bidding process, the City agrees to maintain Verizon duct and vault line items as a separate schedule. B. Following opening of construction bids on the Project, new Exhibits with actual accepted bid prices will be added by mutual agreement of the parties based on the bid responses submitted for Verizon Joint Utility Trench Work. The new Exhibits will be provided to Verizon for its review. Within twenty days of receiving the bid prices, Verizon shall notify the City in writing that Verizon approves their portion of the bid award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Director of Public Works and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. Verizon grants to the City Director of Public Works and/or his or her designee authority to act on behalf of Verizon sufficient to carry out the provisions of this Letter of Understanding. B. Verizon shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect Verizon Joint Utility Trench Work, which changes shall be made, if feasible. The City shall notify Verizon, in writing, of any changes required of the Joint Utility Trench Work and shall obtain Verizon’s approval of such changes. Verizon's approval shall not be unreasonably withheld. Verizon shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Verizon. IV. PAYMENT. A. Verizon shall reimburse the City for all costs incurred by the City in performing the Joint Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by the Project contractor(s), all Verizon requested changes, and Verizon’s cost share of the City services described in Paragraph III (A) herein. Lakota Middle School Safe Routes to School Project Page 3 2021 B. All payments shall be due from Verizon to the City within forty-five (45) days after receipt by Verizon of said sums billed to Verizon. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Verizon, its officers, employees, and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City’s breach of this LOU. B. Verizon agrees to indemnify and hold the City, its elected officials, officers, employees, and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors, or omissions of Verizon, its agents or employees, or by Verizon’s breach of this LOU. The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to any event occurring prior to such expiration or termination. VI. DURATION. This LOU shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Verizon. Adherence to deadline dates is essential to the performance of this LOU. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals, and all other appurtenances related thereto. B. Verizon shall take ownership of duct and vault system following completion of the construction and acceptance of duct and vault system. Verizon shall be responsible for maintenance of duct and vault system after the transfer of ownership of the duct and vault system. C. Verizon, at its own expense, will install cable in the new duct and vault system along with pedestal etc., as required by Verizon. Verizon shall be required to obtain a Right-of-Way Permit to install cable in the new duct and vault system and to wreck out its obsolete aerial facilities. D. This LOU contains the entire written agreement of the Parties and supersedes all prior discussion. This LOU may be amended only in writing, signed by both Parties. E. Any provision of this LOU, which is declared invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Lakota Middle School Safe Routes to School Project Page 4 2021 IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this LOU. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY: MCImetro ACCESS TRANSMISSION SERVICES LLC DBA VERIZON ACCESS TRANSMISSION SERVICES: Jim Ferrell, Mayor 33325 8th Avenue South Street_____________________________ Federal Way, WA 98063-6325 City/State/ZIP_______________________ (253) 835-2401 PHONE____________________________ APPROVED AS TO FORM: ATTEST: Stephanie Courtney, City Clerk Lakota Middle School Safe Routes to School Project Page 5 2021 Exhibit “A” Estimated Costs-Conduit and Vault Lakota Middle School Safe Routes to School Project (SW Dash Point Road (21st Ave SW to SW 312th St)) Bid Item No.Section Description Qty UNIT Unit Cost Total E1 1-04 MINOR CHANGE 1 FA $2,000.00 $2,000.00 E2 8-32 INSTALL CONDUIT 2-In.355 LF $4.00 $1,420.00 E3 8-32 RELOCATE VAULT 1 EA $1,000.00 $1,000.00 E4 8-32 INTERCEPT AND RETRAIN VERIZON CONDUIT 1 FA $3,000.00 $3,000.00 SCHEDULE E COST =$7,420.00 Schedule E - Verizon Conduit and Vaults Lakota Middle School Safe Routes to School Project Page 6 2021 Lakota Middle School Safe Routes to School Project Page 7 2021 Exhibit “B” Estimated Costs Lakota Middle School Safe Routes to School Project (SW Dash Point Road (21st Ave SW to SW 312th St)) ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING VERIZON JOINT UTILITY TRENCH (JUT) WORK ESTIMATED DESIGN COSTS for JUT Labor-City (10% of CN costs) $ 1,614.47 ESTIMATED CONSTRUCTION COSTS Conduit and Vault-Schedule “E” Cost (Exhibit “A”) $ 7,420.00 Share of Joint Utility Trench Estimated Costs (Exhibit “A”) $ 8,724.73 Subtotal Construction $ 16,144.73 Construction Contingency (10% of Construction Cost) $ 1,614.47 Construction Management (15% of Construction Cost) $ 2,421.71 ESTIMATED TOTAL CONSTRUCTION COST $ 20,180.91 ESTIMATED PROJECT COSTS (Design and Project Cost) $ 21,795.18 Project Administration (5% of Project Cost) $1,089.76 TOTAL ESTIMATED COST $ 22,884.94 Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Verizon Joint Utility Trench Work for reimbursement to the City. K:\CAPITAL PROJECTS\Programmed\204 - SW Dash Point Road @ Lakota MS\02 AGREEMENTS\VERIZON\Letter of Understanding -VERIZON DRAFT.doc