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Council PKT 02-05-2008 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 5, 2008- 7:00 PM (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS . Reception - Honoring Hachinohe Sister City Delegation- Recess (20 Minutes) . Certificates of Appointment - Planning Commission . City Manager/Emerging Issues - One Night Count of the Homeless 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of January 11,2008 Legislative Meeting; January 15, 2008 Special and Regular Meetings (page 1) b. S. 308th St. Stormwater Facility Modification Project - Project Acceptance (page 10) c. Wildwood Neighborhood Traffic Safety - S. 298th Street (page 12) d. Neighborhood Traffic Safety Policy Revisions (page 15) 6. CITY COUNCIL BUSINESS a. Resolution: Continuity of Library Services during Expansion Project (Page 31) 7. INTRODUCTION ORDINANCE a. Proposed Amendment to Aggressive Begging Ordinance (page 34) . Staff Presentation . Ordinance Title . Proposed Motion to Move Forward to Second Reading/Enactment 8. CITY COUNCIL REPORTS 9. CITY MANAGER REPORT a. Update - Citizen complaint regarding ice on Pacific Highway and replacement of light standards b. Update - Citizen complaint regarding sidewalk parking enforcement 10. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) b. Collective Bargaining pursuant to RCW 42.30. 140(4)(a) 11. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE. ~ i:J ~ ~ 0 n ~ ~: tl '"' ~ ~ ;:s ;.;- ...... i:J ;:s i:J (!l ~ ttj ... ;:: '" 0... ~ c ::?.. "" ~ ...... ........ ~ ;:: ~ ::r' ~ ... ~ ~ <:l- V;' ~ \'l ~ ~ Sl Vl ~ :i :i !" ~ ...... '"' c ::r' -. ~ '"' \'l ... ~ -. c 0... - '" ~ 1:: ~ ~ '" ~. ~ <:l- ~ 0 (j~ '" <:l- ? ~ ... '" "'"'l ... '" 'Tj <:) ~ ~ <:l- (!l ~ (1\) ~ '" c:r ... 2 ~ ~ $:il ~ 9 -. <:::J-' ~~ tv ~ 0 -. t:l 0 ~~ 00 ~ ~~. """I: ~ rJ'1 ~ ttj ~ -.. ~ (1\) -t -. ~~ -.. ~ "-> 0 (1\) ~ -. 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"""I: ~ ~ (1\) -. 0 c..~ = ~ ~ (":I 0- ('\l to C'.l ~ ~ ~ ..... 2d Q1 ~ t-. t;J ~ ~ s. ~ -. ii ~ n. ~ = s. ~ ~ ~ - ~ -. ~ t:l ;;;. ~ ........ ~ ?;- '"' c ~ ..... ;:s- ~ ~ ("') ;:; C tl i:J <:) """I: ;:: ;-. ~ ;:s ~ ~ '"' ("') ~ 0 ~ ;:: c ,~ ;:: ~~ '< '" ;:s ~ ~ '"' <:l- ~ '~ ~ ~ Z '" c " '" ... ;:; ~ (1\) <:l- '" ~ ~ ... \::t-' <:::J-' ~ (1\) (1\) """I: """I: ~~ ~ ..c::> ~ ~(1\) ttj c::> ~ Z ~ ~ COUNCIL MEETING DATE: February 5,2008 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the January 11, 2008 Special Legislative Meeting and the January 15,2008 Special and Regular meetings? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: ~ Consent o City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~~~_~~O~_!..~OX:_.!y'~~~ppli~'!.!!.!l!.._____..._.______________.______. Attachments: Draft meeting minutes of the January 11, 2008 Special Legislative Meeting. Draft meeting minutes of the January 15,2008 Special Meeting. Draft meeting minutes of the January 15,2008 Regular Meeting. DEPT: Not Applicable _...___.__.__.__.__.__....._...._......._...._.._..___m.___..,.._.._________________..___..___ Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: NIA JiJ Council DIRECTOR ApPROVAL: NIA Committee NIA COWlcil Committee COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE TO APPROVE THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 1 Federal Way City Council / 30th District State Legislators 2008 Legislative Issues Meeting January 11,2008 -7:30 a.m. Federal Way Community Center, Senior Lounge MINUTES I. Welcome & Introductions Mayor Dovey called the meeting to order at 7:40 AM. Councilmembers Burbidge, Duclos, FeITell, Kochmar, Park and Deputy Mayor Faison present. Also present were Senator Tracey Eide, Representative Skip Priest, Representative Mark Miloscia, and Lobbyist Doug Levy. Staff present: City Manager Neal Beets, Assistant City Manager Iwen Wang, Assistant City Manager Cary Roe, Government Affairs Liaison Linda Farmer, City Attorney Pat Richardson. II. Overview of the 2007 Legislative Agenda was discussed including how the plan was developed and revised from prior years. - Presented by Communications and Government Affairs Manager Linda Farmer III. The Council discussed their top 2008 legislative priorities with their legislators; presentations were made on the following items: · Performing Arts Center/Conference Center Councilmembers Jeanne Burbidge and Linda Kochmar In 2008, Federal Way will be looking for assistance in obtaining either a Public Facilities District (PFD) financing tool in the 2008 Session, or other financing mechanisms to help assist with the costs of a new Performing Arts Center/Conference Center facility. Councilmembers Burbidge and Kochmar pointed out that the City commissioned a feasibility study in September 2007 and the final report published this month shows strong support for a facility in Federal Way. . Infrastructure Councilmember Mike Park and Mayor Jack Dovey In 2008, Federal Way willjoin in an active effort by other cities and jurisdictions lookingfor new funding and other improvements in the state's programs for assisting with local infrastructure. Mayor Dovey stated this is also an Association of Washington Cities priority and he asked for assistance from the legislature in allocating funds differently in 2008 or potentially not setting future mandates for local government with takes away from other priorities. 2 City of Federal Way City Council- 2008 Legislative Issues Meeting January 11, 2008 - Page 2 of 2 · Beach Management District Councilmembers Jim Ferrell and Jeanne Burbidge In 2008, Federal Way will actively pursue the establishment of a Beach Management District which will enable other funding provisions and tools needed to help with the clean-up of sea lettuce at Dumas Bay and other bay area around Puget Sound. The City is also committed to working with the new Puget Sound Partnership agency to look at the underlying, long-term causes related to the sea lettuce problem. · Affordable Housing Deputy Mayor Eric Faison and Councilmember Dini Duclos In 2008, Federal Way will support new funding tools, creative local government approaches, and market-driven tax incentives to enhance the supply of affordable housing. The City is prepared to support items such as increased funding for the Housing Trust Fund, rental assistance vouchers to aid homelessness prevention efforts, a state sales tax exemption for low-income housing construction, and state tax credits for employer-assisted housing. . Transportation Mayor Jack Dovey and Councilmember Jeanne Burbidge In 2008, Federal Way will again urge state legislators to continue to look for ways to address critical congestion levels and improve the safety and function of state's important transportation corridors including 1-5/SR-18/SR 161 and I-5/SR-509. The City also expressed concern that financing the rebuilding of the SR -520 floating bridge not undermine other investment packages in Federal Way and the region, and further urged the state to maintain their funding commitments for transit programs, commute trip reduction and other state-funded accounts. IV. Legislator Updates - 30th District members outlined their key 2008 initiatives.. V. Adjourn - Mayor Dovey adjourned the meeting at 9:00 AM. Attest: Laura K. Hathaway, City Clerk Approved by Council on: 3 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall January 15, 2008 Special Meeting Minutes 5:30 PM (www.cityoffederalway.com) ****** I. CALL MEETING TO ORDER Mayor Dovey called the special meeting to order at 5:38 PM. Councilmembers Kochmar, Duclos, Park, Burbidge, and Deputy Mayor Faison present. Councilmember FeITe11 arrived at 6:10 PM. II. CANDIDATE INTERVIEWS FOR PLANNING COMMISSION . 5:30 - Sarady Long . 5:40 - Tom Medhurst · 5:50 - Timothy O'Neal . 6:00 - Kevin King III. DISCUSSION Appointments to the Planning Commission will be made at the Regular Meeting to follow. IV. COUNCIL PHOTOGRAPHS V. ADJOURN Mayor Dovey adjourned the meeting at 6:47 PM ATTEST: Laura Hathaway, City Clerk Approved by Council on: 4 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 15, 2008- 7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:05 PM. Councilmembers Burbidge, Duclos, Ferrell, Kochmar, Park and Deputy Mayor Faison present. 2. PLEDGE OF ALLEGIANCE Hope Elder Chair of the Planning Commission Chair led the flag salute. 3. PRESENTATIONS . Proclamation: Martin Luther King Jr. Day - Councilmember Burbidge presented the Proclamation to Diversity Commission Chair Deborah Little . City Manager/Emerging Issues - City Manager Neal Beets introduced Pauline Freund and Karolyn Klohe both new employees in the Law Department. 4. CITIZEN COMMENT Deborah Little - Thanked the Council for the Martin Luther King Jr. Day proclamation and encouraged all to attend the events commemorating this day which kick-off January 16th through to the celebration at Decatur High School on the 21 st. Russell Miller - Chose not to speak. Norma Blanchard - asked Mayor Dovey several questions including if he could balance his checkbook, his educational background, if he owns a business in F ederal Way and if so if that business has contracts with the City. Mayor Dovey responded to all of her questions including, yes, he could balance his checkbook; yes, he does own a business in the City of Federal Way; and no, his business does not have any contracts with the City of Federal Way. Mayor Dovey also noted he has a Bachelor of Science degree from Oregon State University. Nancy Combs - spoke voicing her unhappiness of the responsiveness of the City and Councilmembers. She also noted she was particularly unhappy with how the issue of traffic control in her neighborhood was handled. 5 City of Federal Way City Council Regular Meeting January 15, 2008 - Page 2 of 5 Donald Barovic - expressed his concern with ice on Pacific Highway and the damage to several light standards on the west-side south of 356th. Mr. Barovic reviewed and submitted a copy of a letter he sent to WSDOT on December 14,2007 regarding that concern which was never answered; he asked the City if they could assist with this issue. David Runvan - submitted several photographs depicting illegal parking on sidewalks in the Twin Lakes Vista area. Also submitted a copy of a letter he wrote to the City Council on April 19 , 2005 addressing his concerns and a second letter dated today, January 15, 2008 regarding the continuation of the problem. Mayor Dovey asked City Manager Beets to look into both issues brought up by Mr. Barovic and Mr. Runyan and report back to the City Council on the February 5,2008 Council Meeting. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval January 2, 2008 Regular Meeting - Approved 7-0 b. 1 Oth Ave S Stormwater Trunk Replacement Project - 30% Design Review - Approved 7-0 c. Transportation Improvement Plan (TIP) Grant Funding Acceptance - Approved 7-0 d. S 356th Street at SR 99 Intersection Imp Project - 100% Design Status Report - Approved 7-0 e. City Center Access Project Phase II - Environmental Assessment (EA) - Authorization to Execute - Approved 7-0 f. Resolution: Hoban Abatement Project - Approved 7-0 Resolution No. 08-517 g. Resolntion: North Lake Pointe Preliminary Plat - Approved 7-0 Resolution No. 08- 518 h. 2008 Planning Commission Long Range Planning Work Program - Approved 7-0 1. Cultural Arts Contract for Services Program - Pulled from Consent - Councilmember Burbidge recused - Passed 6-0 J. Code Red - Mass Notification System - Approved 7-0 k. Performing Arts Feasibility Study - Approved 7-0 Councilmember Burbidge pulled consent item I - Cultural Arts Contract for Services Program. MOTION: Deputy Mayor Faison moved approval of consent items a-h and j-k. Councilmember Kochmar second. The motion carried 7-0. Item I - Cultural Arts Contract for Services Program -Councilmember Burbidge recused herself from this item as her husband is a volunteer on the Board of Directors. MOTION: Deputy Mayor Faison moved approval of Consent Item I. Councilmember Duclos second. The motion passed 6-0 with one recusal. 6 City of Federal Way City Council Regular Meeting January 15, 2008 - Page 3 of 5 6. CITY COUNCIL BUSINESS a. 2008 Council Committee Appointments - MOTION: Mayor Dovey moved the following Council Committee Appointments for 2008: . Land Use Transportation (LUTC) Committee: Councilmembers Kochmar (Chair), Ferrell and Duclos. . Finance, Economic Development, Regional Affairs (FEDRAC) Committee: Councilmember Park (Chair), Faison, and Duclos. . Parks, Recreation, Human Services, Public Safety (pRHSPS) Committee: Councilmembers Burbidge (Chair), Ferrell and Park. . Lodging Tax Advisory (LTAC) Committee: Mayor Dovey Deputy Mayor Faison second. The main motion carried 7-0. b. Planning Commission Appointments MOTION: Councilmember Kochmar moved the following individuals for appointments on the City's Planning Commission: Sarady Long to a term expiring September 30, 2008; Tom Medhurst to a term expiring September 30,2010; Kevin King as an Alternate for a term expiring September 30, 2010 and Tim O'Neal as an Alternate for a term expiring September 30,2010. Deputy Mayor Faison second. The motion carried 7-0. c. Arts and Human Services Commission Appointments MOTION: Councilmember Burbidge moved the following Commission Appointment: Arts Commission: Carroll Clemens to a term expiring December 31, 2010 and Bruce Lee to a term expiring December 31, 2010. Human Services Commission: Christopher Andersen to a term expiring January 31, 2011. Councilmember Kochmar second. The motion carried 7-0. d. Amendment to Interlocal Agreement with Coalition of Jurisdictions Appealing the NPDES Phase II Permit MOTION: Councilmember Kochmar moved to authorize the City Attorney to execute the Interlocal Agreement amendment substantially as proposed. Councilmember Park second. The motion carried 7-0 7 City of Federal Way City Council Regular Meeting January 15, 2008 - Page 4 of 5 7. CITY COUNCIL REPORTS Councilmember Kochmar expressed her appreciation for citizen's coming forward to address their concerns. She reported on various regional committee meetings she has attended and congratulated Councilmembers Duclos, Burbidge and Park for being appointed to various National League of Cities Committees. She encouraged citizens to attend the upcoming Martin Luther King Jr. Celebration being held January 21 sl at 10:30 am at Decatur High School. Councilmember Duclos stated she appreciates hearing citizen comments and concerns; both the good and the bad. She also noted the City Council does respond to those concerns. Councilmember Burbidge added that citizen comments are welcome both in the public forum and via personal contact with Councilmembers. She announced the next meeting of the ParkslRecreation/Human Services Committee will be February 12,2008 at 6:00 pm. She also updated the citizens and Council on several upcoming meetings and community events. Councilmember Park also congratulated those Councilmembers who were named to National League of Cities committees and noted the Council works hard to not only represent the citizens of Federal Way locally but regionally. He announced he will be attending the Federal Way Chamber of Commerce Economic Breakfast on January 23,2008 at 7:00am. Deputy Mayor Faison asked the citizens and specifically the home audience to understand how responsive the staff is towards citizen concerns that are brought up under the public comment section of the agenda. He added although the home audience cannot see it, the staff typically speaks with that person outside of the council chambers to get more information on the problem/concern. He also stated there are times when a person receives a response but they do not like the response they get, so they then continue to ask for a different response. Mayor Dovey also thanked the public for their comments tonight. He reminded the audience that the Council retreat is scheduled for January 26,2008 at the Community Center from 9 AM to 3 PM and is open to the public; and updated the audience of several upcoming meetings/events. 8. CITY MANAGER REPORT City Manager Beets reported that the final Feasibility Report on the Performing Arts Center is posted on the web. He also reported that the executive session to follow is expected to last 30 minutes with no action. Council adjourned to Executive Session at 7:45 PM 9. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.11O(1)(i) at 7:45 PM 8 City of Federal Way City Council Regular Meeting January 15, 2008 - Page 5 of 5 10. ADJOURNMENT Mayor Dovey adjourned the regular meeting of the City Council at 8:40 PM ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: 9 COUNCIL MEETING DATE: February 5, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 308lh St Stormwater Facility Modification Project - Project Acceptance POLlCY QUESTION: Should the Council accept the S. 308lh St. Stormwater Facility Modification Project constructed by Pivetta Brothers Construction, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE:, January 15,2008 CATEGORY: [8J Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other ~!_~!:!-~~~_~!~~:_~~~!~:.~~~~~~~E:!_~.~~f~~_~_~_~~~~M~fl(lg~rti!!-:__!>..'!:.~_1'2_~_~~!i~_.~~.!:~~.___.....__._ ._____.........__.._____ Attachments: Land Use and Transportation Committee memo dated January 14,2008. Options Considered: 1. Authorize final acceptance of the S 308lh St Stormwater Facility Modification Project constructed by Pivetta Brothers Construction, Inc., in the amount of $104,704.79 as complete. 2. Do not authorize final acceptance of the completed S 308lh St Stormwater Facility Modification Project constructed by Pivetta Brothers Construction, Inc., as complete and provide direction to staff. STAFF RECOMMENDA nON: Staff recommends forwarding Option 1. DIRECTOR ApPROVAL: Jtd. ~ Committee Council I CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: Place Option I on the February 5, 2008 Council Consent Agenda for approval. Vacant P OPO D COUNClL MOTION: HI move approval of acceptance of the S 30lfh S. Storm water Facility Mo llcation Project constructed by Pivetta Brothers Construction, Inc., in the amount of $104.704.79 as complete. .. (BELOW TO BE COMPLETED B t" crn CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 COUNCIL BILL # t ST reading Enactment reading ORDINANCE # RESOLUTION # 10 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 14, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager tlVtV\... Paul A. Bucich, P.E., Surface Water Manager~ S 30Sth St Stormwater Facility Modificati~t - Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Pivetta Brothers Construction, Inc. is complete. The final construction contract amount is $104,704.79. This is $8,213.21 below the project construction budget of $112,918 (including contingency) that was approved by the City Council on June 4, 2007. cc: Project File 11 COUNCIL MEETING DATE: February 5, 2008 ITEM#: 5~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Wildwood NTS - S 2981h Street (Military Rd to 25th Avenue S) POLICY QUESTION: Should the Council approve the installation of three speed humps along S 298th Street? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 14,2008 CATEGORY: [8J Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other _~~~!~~~2~I~Y_:.~ll:i~...I!r.~~!_P.~:!..~~!li~E.I!~f(i~.~~gi~~~.r__t~______~~_!.:._P~.~Ji.~ ..W!?r.i<s __...._...._....._.._...._______..__ Attachments: LUTC memo dated January 14,2008. Options Considered: 1. Authorize the installation of three speed humps along S 298th Street between Military Road and 25th Avenue S_ 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ ~ Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the February 5, 2008 Council Consent Agenda for approvaL Vacant PR OSEO COUNCIL MOTION: HI move to authorize the installation of three speed humps along S 298lh Street between Military Road and 25th Avenue S. " (BELOW TO BE COMPLETED BY CITY CLERKS OF FlCE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 12 DATE: TO: VIA: CITY OF FEDERAL WAY MEMORANDUM January 14, 2007 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, C.O.o., Emergency Manager ~ Rick Perez, P.E., City Traffic Engineer Rl: Raid Tirhi, P. E., Senior Traffic Engineer p-r Wildwood NTS - S 29lfh Street (Military Rd to 25th Avenue S) FROM: SUBJECT: BACKGROUND: Residents along S 298lh St in the vicinity of 25th Avenue S have requested the installation of traffic calming devices in the area to control traffic speeds, minimize cut-through traffic. Currently, adopted NTS installation criteria' are based on a point system as follows: 0.5 1.0 1.5 2.0 2.5 3.0 0.3-0.5 0.1 500-1100 26-29 0.5-0.7 0.2 1l01-1700 29.1-32 0.7-0.9 0.3 1701-2300 32.1-35 0.9-1.1 0.4 2301-2900 35.1-38 1.1-1.3 0.5 2901-3500 38.1-41 More than 1.3 More than 0.5 More than 3500 More than 41 Notes: · Each fatal collision counts as two injury collisions, · A half additional point is given for corridors fronting parks or schools or on a designated school safe walking route crossing. A traffic study indicated that the subject location had an average daily traffic volume documented at 1,119 vehicles per day and the 85th percentile speed was reported at 40 mph. A total of I accident was reported within the last five years. The total severity score measures 3.5 points, which meets the 3.0 minimum severity score to qualify for the installation of traffic calming devices. In a neighborhood traffic safety meeting held on June 6lh, 2007, the attending group requested the installation of traffic calming devices along S 298lh St. Therefore, to be effective in reducing speeds along 13 Wildwood NTS January 14,2008 Page 2 the street and to improv.e vehicular and pedestrian safety, the consensus was to install three speed humps near the following home addresses: a. 2621 S 298 St; b. 2437 S 298 St; and c. 2247 S 298 St. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: Traffic Calming Device ABC Total Ballots Sent 51 122 75 248 Ballots Returned 19 37% 35 29% 16 21% 70 28% Returned w/o Response 8 13 4 25 Yes Votes 8 73% 15 68% 8 67% 31 69% No Votes 3 27% 7 32% 4 33% 14 31% One of the installation criteria requires a 51 % majority approval of the returned ballots. Based on the ballot results represented in the above table, all locations met the balloting criteria with a 69% average approval rate. The estimated cost of this project is approximately $12,000, which would exceed the $10,000 per neighborhood per year budget limitation policy. However, adequate budget currently exists within the NTS program to fund this proposal. cc: Project File Day File K:\lUTC\2008\1-14-08 Wildwood NTS, 298s2S.doc 14 COUNCIL MEETING DATE: February 5, 2008 ITEM #: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Neighborhood Traffic Safety (NTS) Program Revisions. POLICY QUESTION: Should the Council approve the proposed NTS program revisions? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 14,2008 CATEGORY: I8l Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other S~~!F ~~g~T~~:._~~~~!i~~i!..~:.~.:,-_~.~!l~~~.!Ellffi.~....~!1g~!1~~!.~~....._.. ......_.!?_~.~_!:..r.l!~lic _,!!?rJ<~_.. Attachments: LUTC memo dated January 14,2008. Options Considered: 1. Authorize the proposed NTS program revisions. 2. Do not authorize all proposed NTS program revisions and provide direction to staff STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: ~ DIRECTOR APPROVAL: ~ ommlttee ~ Council COMMITTEE RECOMMENDATION: Place Option 1 on the February 5, 2008 Council Consent Agenda for approval. Vacant PROPOSED COUNCIL MOTION: HI move to. authorize the proposed NTS progra,m r~visions ;' t'V / f.J, 7 Hie fe 11 0 to i)~ rtvIS{6-n;(JnU1 (JY1U ba..ilol- lVIII b(, 15.sue~ per- hbuS(Ylj [U1.d- (hoYVU-, CvndomJ'-nilLWL or tt{Xiftm~). (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 15 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: January 14,2008 Land Use and Transportation Committee Cary M. Roe, Assistant City Manager, C.O.O., Emergency Manager ~ Rick Perez, P.E., City Traffic Engineer ~ . Raid Tirhi, P. E., Senior Traffic Engineer (Zl Neighborhood Traffic Safety (NTS) Program Revisions SUBJECT: BACKGROUND: Over the past few years, the Neighborhood Traffic Safety (NTS) program's criterion has undergone several changes. The most recent changes that were approved by Council on June 21, 2005 included additional points for location proximity to schools/parks, and accident severity. In order to better serve the citizens of Federal Way and answer common questions, staff felt a need to better define the NTS program, general conditions, process and minimum criteria. If approved, the proposed program information package changes will be on the City's website. In order to alleviate any misinterpretations to the NTS general conditions or installation/removal process, staff is proposing several minor language changes that will: I) Clarify intent, such as noting that the balloting results are advisory to City Council; 2) Restructure the program package language; and 3) Streamline the process for both staff and the citizens. Please see the attached existing NTS and the proposed NTS information packages. Following are highlights to the major proposed changes: · Budget: Staff proposes to increase the budget limit per neighborhood per year from $10,000 to $15,000. This should allow the installation of approximately three to four traffic calming devices (depending on total number of active NTS projects) along one corridor. The price per hump increased from $2,000 to $4,200, including all associated signs, within the past five years. · The Balloting Process: The current process is unnecessarily complicated, expensive, time consuming, and confusing to the public. Generally, the proposed changes would not change the outcome of the balloting results but would tremendously reduce staff time in ballot preparation and processing. Most importantly, it would reduce most citizen confusion when they receive multiple ballots on the same Issue: a. Current language indicates to ballot each traffic calming device separately. But, with the absence of other traffic calming devices, one speed hump should not be installed on the street as it proves to be ineffective. A proposed change to the balloting process would be to send ballots to all residents affected by the proposed NTS project. Please see attached example maps I, and 2. 16 NTS Revisions January 14, 2008 Page 2 b. Statf currently sends a ballot to the property owner and another to the resident that is dIrectly affected by a device. Instead, we propose to send ballots to the affected residents and compare that list to the property owner's list. [f they are different, the owner of the property will also be added to the mailing list. · Critena: There are no proposed changes to the location or accident technical criteria that were approved on June 21, 2005 other than better technical presentation in the tables. However, staff is proposmg changes to the severity point scale regarding both speeds and traffic volumes: a. Staff received comments that the existing speed criterion does not have the appropriate point scale in calculating the overall severity score. The existing criteria indicate that the 85th percentile speed needs to be more than 4\ mph to qualitY for traffic calming devices. With the exception of short cul-de-sacs, staff feels that if the majority of the traffic is driving to mph over the speed limit, then the -speed limit should be investigated for revisions, or the road should be investigated for the installation of traffic calming devices regardless of traffic volumes. b. Traffic volumes on collectors are higher than local residential streets. The current criterion does not difterentiate between traffic volumes based on roadway functional classification. ThiS may lead to a collector street meeting the minimum criteria merely on traffic volumes without any speeding or cut through traffic issues. Staff is proposing to use the traffic volume criterion based on roadway functional classification (as defined in the Comprehensive Plan) and is proposing different point scales for each roadway classification. Attachments: Proposed NTS program package Marked up NTS program package Existing ballot procedure map Proposed ballot procedure map cc: Project File Day File K:\LUTC\2008\1-14-08 NTS Revisions.doc 17 i~ CITY Of ''<' ~ Federal Way Neighborhood Traffic Safety (NTS) Program Existing residential neighborhoods in' the City of Federal Way may be considered for the NTS program in order to control traffic speeds, reduce cut-through traffic and improve documented pedestrian and vehicular safety issues. Neighborhoods are defined by elementary school attendance areas. The NTS program should not be confused with other City processes required of new subdivisions or commercial developments. The NTS program consists of three phases (the three E's) in the following order: I) Education, 2) Enforcement, and then 3) Engineering: [) Education: The education phase is intended to increase neighborhood awareness of local speeding issues. In many cases, a handful of speeders are known to the neighborhood and could use a reminder to change their driving behavior. A neighborhood watch program may be launched that could use the following tools: · lnclude a general article in your homeowner association's (HOA) and/or local school newsletters to remind residents about the importance of obeying speed limits, and to warn residents to be on the watch for speeding traffic. In many cases, the driver is unintentionally speeding and a friendly reminder would be effective. · Contact the Police Department at (253) 835-6775 to request placement of a speed trailer (speed reader board) in your neighborhood. Depending on the location and driver population, this device may change driver behavior tor an indefinite time period. Volunteers willing to help the Police Department are always appreciated; please call (253) 835-6730 if interested in volunteering in this program. · Form a speed watch group to document incidents of speeding. Be sure to include any vehicle information: colors, makes, models, license numbers, and the dates and times they pass through a specific location. This information, when compiled for several weeks, should then be submitted to a selected speed watch program manager. Several reports of speeding tor the same vehicle should then be reported to the Police Department for enforcement so that officers may more effectively target locations at specific times for emphases patrol. II) Enforcement: The second phase of the NTS program is special enforcement. It may take some drivers a more drastic method (speeding tickets) to change their driving behavior. This usually works for local residential speeds with minimum cut-through traffic. In some cases, the Engineering phase is needed to address the speeding issue. [ll) Engineering: Citizens that have any questions regarding the NTS program may calt the Public Works Department at (253) 835-2700. The NTS program allows the installation of traffic calming devices such as speed humps, speed tables, raised crosswalks, traffic circles, chicanes, signing, pavement marking, or other approved devices. These devices shall only be installed when the following general conditions and criteria are met: 18 A- General Conditions: L Less restrictive means of controlling speed (Education and Enforcement) have been attempted without success. 2. The proposed devices may be installed on residential streets functionally classified as local or minor collector. Some devices that do not severely delay emergency vehicles, such as speed tables or roundabouts, may be permitted on principal collectors as long as the posted speed limit does not exceed 25 mph. 3. No devices shall be installed within 600 feet of a traffic signal or 250 feet of a stop sign. As measured along the major roadway movement. 4. For vertical deflection devices, no adverse street characteristics exist, such as steep grades in excess of 8%. In all cases, sight distance standards must be met. 5. Storm drainage problems created by the installation of the proposed devices can be adequately addressed. 6. Each neighborhood may apply for traffic calming devices costing a maximum of$15,000 per year. If the proposed devices cost more than this amount, the neighborhood may form a Local Improvement District (LID) to fund the excess amount. Otherwise, the City may phase and fund the excess amount in a future year (minimum of 12 months from installation) and based on a first-come, first-serve basis. 7. The City will not fund the installation of traffic calming devices in cul-de-sacs that are less than 600 feet long. B- lnstallation Process and Criteria I ) To be considered for the installation of traffic calming devices, a City prepared or approved petition must be submitted to the City. The petition must be signed by owners or residents representing at least ten parcels within the affected area specifYing the problem's nature and ex.act project location and limits. 2) A traffic study will then be conducted to see if the program technical criteria (severity score) is met. Currently, the City considers four criteria to qualify a street for traffic calming devices: a) Majority Speed: The 851h percentile speed averaged for both directions. b) Volume: The Average Dally Traffic total of both directions. c) Location: Half a point is given for streets fronting parks, schools, or designated school crossings. d) Collisions: A five-year reported collision history (frequency and severity) IS investigated for collisions that may be correctable by traffic calming devices. Depending on roadway functional classification, each criterion is scored on a scale of 0.0 to 3.0 points as shown in Tables I through 3 below. The total severity score is added for each category for a maximum 15.5 points. A three point minimum severity score is needed to continue with the program regardless of how the points were collected: K:\TRAFFlC\NlS\NTS Program Criteria, RVS 01-19.08 doc 2/4 19 Table I Local Residential Street NTS Criteria Point 85th Percentile Average Daily Location 5- Year Collision History Scale Speed Traffic (ADT) SchoollPark Total Injury Fatal 0.0 0-25 o - 500 No 1 . - 0.5 26 - 27 501 - 600 Yes 2 - - 1.0 28 - 29 601 - 700 - 3 1 - - 1.5 30 - 31 701 - 800 - 4 - - 2.0 32 - 33 801 - 900 - 5 2 1 2.5 34 - 35 901 . 1,000 - 6 - - 3.0 36+ 1,001 + - 7+ 3+ 2+ Table 2 Minor Collector Street NTS Criteria Point 85th Percentile Average Daily Location 5-Year Collision History Scale Speed Traffic (ADT) School/Park Total Injury Fatal 0.0 0-25 o . 1,000 No 1 . . 0.5 26 - 27 1,001 . 1,800 Yes 2 - - 1.0 28 - 29 1,801 - 2,600 - 3 1 - 1.5 30 - 31 2,601 - 3,400 - 4 . - 2.0 32 - 33 3,401 - 4,200 - 5 2 1 2.5 34 - 35 4,201 - 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ Table 3 Principal Collector Street NTS Criteria Point 85th Percentile Average Daily Location 5-Year Collision History Scale Speed Traffic (ADT) School/Park Total Iniury Fatal 0.0 0-25 o - 5.000 No 1 - - 0.5 26 - 27 5,001 - 7,000 Yes 2 - - 1.0 28 - 29 7,001 - 9,000 - 3 1 - 1.5 30 - 31 9.001 - 11,000 - 4. - - 2.0 32 - 33 11,001 - 13.000 - 5 2 1 2.5 34 - 35 13.001 - 15,000 - 6 - - 3.0 36+ 15,001 + - 7+ 3+ 2+ K:\ TRAFFIC\N TS\NTS Program Critena. R VS 0 I -19-08 doc. 3/4 20 3) [f a project does not meet the 3-point minimum severity score, the contact petitioner is informed about the study results and is asked to inform those who signed the petition of the results. [n such a case, additional education and enforcement would be the proposed solution. 4) [f the project meets the above criteria, the City will hold a neighborhood meeting to discuss the advantages and disadvantages of various traffic calming devices and to develop a consensus solution. [n addition to residents, staff from the School District, Police, and Fire Departments may also be invited. Public meetings are usually advertised by posting signs on the subject roads. 5) Ballots are sent to all properties abutting the streets and are within 600 feet (measured along street centerlines) of the proposed project location. Ballots are also sent to properties where the proposed devices would be located along their sole access route as determined by the Public Works Director. A simple majority (more than 50 %) of returned ballots is necessary to carry the project forward to City Council for final approval. The ballots are only utilized to measure neighborhood project support and are advisory to Council who may modify the proposal. 6) The ballot results may be delivered to the neighborhood utilizing signs on the street or by conducting a second neighborhood meeting. 7) If a project's severity score is at least 6 points, staff may develop a proposal with Citizen input and the balloting process may be bypassed. 8) [f the ballot measure passes or if the total severity score is at least 6 points, the proposal is presented to the City Council sub-committee, and if passed, is then presented to the full Council tor final approval. 9) [fthe ballot measure fails, a one-year waiting penod is required to restart the process. to) [f approved by Council, the traffic calming devices would be installed as soon as budget, weather, and the contractor's schedule permits. C- Removal Process and Criteria Traffic calming devices may be removed when all of the following criteria are met: I) A City prepared or approved petition signed by owners or residents representing 10 or more lots within the affected area must be submitted to the City. The affected area includes properties abutting streets within 600 feet of the existing device location, measured along street centerlines, and properties which the existing devices are located along their sole access route as determined by the Public Works Director, and 2) Property owners and residents within the affected area shall be sent a City prepared or approved ballot by first class mail. More than 50 % of the returned ballots must vote affirmatively, concurring with the removal of devices. This ballot is advisory to City Council, who may modify the proposal, and 3) An adequate review period (minimum of 12 months from installation) and subsequent engineering analysis has been performed to determine the traffic characteristics along the route and the impacts to the remaining street system. K:\ TRAFFlC\N TS\NTS Program Criteria, R VS 01-19.08 .doc 4/4 21 ~ ClTYOf ~. Federal Way TRAFFIC C1LA{ING DEVICE l/VSTALLA TION/ REAfOVAL CRITERIA T#'tl{fic CRimi:.,!! Installilt;oH Neighborhood traffic calming humps, traffic circles, reftuested by neigkborhood ~ CITYOF ~ Federal Way Cd/cria devices may inelude speed chicanes, or other devices residents and appro\'ed by Nei2hborhood Traffic Safety (NTS) Pro2ram E_ istinl! residential neIghborhood:; in the City Council. Th~sc devices :;hall only be installed ...:hen f FcdIT&~~.'av I!layJ~~ cQ.f!~ck!:I,~l!lQr_lb~J:-{IS_QlQgrcunjl1 order to _contrclllraffic_ speeds, redt}ce HhrouQ;h tranic and Improve documented pedestrian and vehicular sak.b::jssues.. Nere;hborhoods detined b ' the nearest edemcntarv school attendance arcas. [he NTS program should not be c nfused with other Ci ' )rocesses required from--of nc\v subdivisions or commercial developments. TeNTS program consists of three phases (the three E' s) in the followin\! criteria are met order: :-fA ~: !LEJilJf.~i(m,-2.U~!!JQx(;.~m~I!L. ~!illJ.ht; n }UiJ.![!!!ce ring; -Education: The education phase is_ intended to increase #le-neighborhood awaren~ss of thelocal speeding issues. fn many cases. tfle-'ol. handful of speeders are a handful of..tlrK-a~ that are knOV/l1 to the neighborhood and could use a reminder to change their driving behavior. A nei{!hborhood \>,:atch program mav be launched that rnay-could useF the tollowiIUUgo!s: - Include a {!eneral article in your homeowner association' s (HOA) and/or ffie-Slocal school newsletters to remind residents about the imp0l1ance_of obeying speed limits,:.lmd to wam Hle-residents to be on the watch (or speeding traftl~ -(0 many cases, the driver is unintentionally_.dri':ing o\-er the ~eedinK..ltmtt-and ~iuendly reminder woulda_ be ~eftective. -Form a speed watch group to document incidents of speeding. Bc ~;ure to include '.'chide colors, makes, license numbers, and the dates and times they passed throu;h a specific location. Thi:; information. ',,-,hen compiled for .;e'.-eml \\eek::;, should then he :;ubmiued to a selected ::;peed Katch program manager. Sc\'eral report~; of speeding (or the same ....chicle should be reported to the Police Department for enforcement so that they may !lwre effectively target -;pecitic location:; at specitic time~; tor special patrol. - Contact the Police Department at (253) -835-6775 to request placement ofa speed trailer UiQ.eccL!"caQer.J~Q~Jilljll..YOllLl}I,'jghbor:hQ...QL_ [)Cl~!}ding_ OfL.!Dc locatiof!.J!!ld dd vcr population, thissuefl....sk\lce may change driver behavior f~the day, a month of for 22 geeean indefinite time period. Volunkers \vtllim... to coordinate with thelp the Police Department are alwavs \ve!come and are appreciated: please call (253) 835-6730 if i!ltt;rc:;L~~Ll!!u'-:Ql!.!r!.l<;en nl! 1.1:'- .L~ iiJ)r('lbrr:~ !ll: · Form a speed watch l'rouP to document IOCH.!euts of SpeedlOf!. Be sure to include any ~chide mfonnation: colors. makcs.Ltnodels. license numbers, and the dates and times ~h~Y-fr~ss-1h[ough 1L;i~~iJic JQ~ati~~!.L. This mformation. when c9Jlillilcd for several weeks, should then be submitted to a selected speed watch program manager. Several ~orts of speeding for the same vchlde should then be reported to the Police Department [or enforcement so thau~fJi<;_~!.'L!!IjtY!!lorc effectivelv targd locations at~m:cific times for emphases patrol. n L--Enforcement: The second phase of the !\iTS program is special enton;cmenL. It may take some dlivers a more drastic method (pay for a speeding tickets) to change their driving behavior. This usually works tor local residential speeds with minimum cut--through traffic. In some cases. tht<.Enwecring phase is necd~~ toadg~~sstllC spe~ding issue. lIJL -Engineering: Citizel~S. that have aIlL(luestions~garQmgthe 1'-lTS R!"wam may call the Public Works ~artment at (253) 835-2700. The N{S program may-allows the installation of tratlic (;~(l1lI!K_dcvit2.t;.LsllCh_ a"--_.:iPs_(;.<iJJ~!1}Q~l1ecd t~12lcs.:..-!:~lised __cross\\:;!lk:;o traffic circles, clucanes. signing. pavement marking. or other approved devices. These devices shall only be installed when the following: general condItions and criteria are met: I !(.TRAFFlC S IS NTS f'rugr.iln Crit<,ria. RVS {d .] ';-O):S,~loc 217 23 A- General Conditions: I Gel~eral Conditions: L L Less restrictive means of controlhng speeding speed (Education and Enforcement) have been attempted without success, (oh'y'iousi.c. public education. radar reader board. :~pecial enforcement. speed watch. ~;i;;mng. etc.). 2. 2. The proposed devices shall only ~be installed on residential streets functionally classified as local or minor collector, except that. Some devices that do not ~cverely"'_delay emergency vehicles, such as speed tables or roundabouts, may be pemlitted on principal collectors as lonlj as the posted speed linut does not exceed 25 mph. with posted 5peeds of 25 mph. J. The proposed de'. ices shall only be installed on streets v.-hich ha'.'e no more than t'....o lanes, or ',,;here the overall pavement ",..idth is not greater than 10 feet. ,1. The proposed devices shall only be installed on streets where legal posted speed limit does not exceed 25 MPHmph. J. 5. No devices shall be installed withm -w#flffi-600 feet of a traffic signal or 250 feet of a stop sign. As measured along the maior roadwav m~~el11ent. 6. No dc'.-icc.:; shall be Installed at locations 'uhichthat have less than the minimum sate stopping; sight di:;tance which is of 150 teet at 25 MPHmph. 4. 7. EQ!~ vcrtic~ldenection deVices, nNo adverse street characteristics exist, such as steep grades in excess of 8%%. In all cases. sight distance standards mllst be met. 6f :;c';ere horizontal or vCltical cury.::s. 8. 8-.-5. Storm drainage problems created by the installation of the proposed devices can be adequately addressed. 9:-6. 9. Each neighborhood may apply for traffic calming devices costing a maximum of $ W~,OOOf _ -per year, where a neighborhood iSo.._Neighborhoods arc defined by the elementary sohool attendance areas. If the proposed devices cost more than this amount, thea neighborhood. group must may form a Local Improvement District (LID) to fund the excess amount. Otherwise, the City may pJ:!;1se and fund the excess amount in the~ t'ollo'l.'ing future year (minimum of 12 months from installation I and based on a first:: come, first::.serve basis. Process: 7. 1. To be considered for The City willllot fund the installation of traffic calmin!! deviceQ.~vic.~s in cl!b:le-sacs that are less than 600 feet lo~g,program bud;;el B- Installation H-Process and Criteria I K:\TH ~FFICNI\ Nl:,j.J:,l!gr;1ffl (..l.Il<:n,I-,_~\S Cu..,I9.1)8duc 3/7 24 al Installation: II To be considered tor the installation of traffic calming devices, a eitv prepared or ~llmroved petition must be submitted tQ...thc Ci!Y-,-~lh~l~ctitlO!lJ:!!I!~.L!Jc signed by owners or residents representing at least ten lots or parcels within the affected area. The affected area includes properties abutting streets within 6.00 feet of the proposed devices location, measured along street centerlines and properties v:hich the proposed devices 'Nould be located along their sole access route as determined by the Public Works Director specifying the problem'sJ1atur~i!Dd e~<:tproiect location i!nd Iimit~. 2. The total 2) A traffic study will then be conducted to see if the program technical cliteria (severity score based on accident hist-ory, accident severity. average daily traffic, and ) is met. Currently. the Citv considers lOLlr cliteria to qualify~- a street tor traffic calmmg impro 'itl ment:;devi ces: :iLJvl<lli.)J"!b'_$.Reed: Th~~5tlt percentile_speed aVyrag~dfor bQtlL9ir~!ions" l2J. Volume: The Average Dailv Traffic total ofboJh.directions. c I Location: Half a point is given for streets fronting parks. schools. or desi\!nated ;i~ho(~L~f9...?iLI!g.'?-, dl Collisions: A -five-vear reported collision history (trequencv and sevelitv) is investigated for collisions that may be (;onectabk bv traffic calming devicesfrcqucncy and sc';crity.. [~-epending on roadway functional c1assltication. !;each criterion 1$ scored on a scale of 0.0 to ~points <!?_shown on Table 1 shall be at least 3.0. in Tables 1 through 3 below) for a possible total of 12.5 point:;.'-. - The total severitv score IS added for each category lor a max.imum 15.5 pointsall criterion points. A three polOt minimum severity score is needed to continue with the program re~ardless of how the points were collected:; I Lnc.\FFICNISNTS l'n..~r:'m Criteria. RVS CtI.19.i)S.doc 4/7 25 fflhJe-+ SCI'crifJ' Scoring Point Scale -.-- P€ iflt5 Accidents,ry ear A verag Average Daily Iflj-ufy 85th Percentile Speed e Daily Traffic Traffid;5th Percentile .'\ccldent~; Per 1l1J ury . \ccldents'Y ear* (5 year history)( t~\.o ~ ++ear (mph in either way total) (t',;O way total)(mph in (5 year history) direction){) year either direction} Itt~ f ~ 0.3 0.5500 I toO 500 I L0026 )9 O. i3 0.5 26 290.1 ~ W 0.50.71101 1700 L tol L 70029.1 ,~ 0.25 O. 7 29. L 320.) 1_ .,.3- 0.7 0.91701 2300 1701 230032.1 35 0.370.9 32.1 350.3 z ~ 0.9 1.1230 1 2900 2301 290035.1 38 0.-19 l.l 35.1 3&0.1 z .,.3- LL 1.32901 3500 2901 350038.1 'It 0.51.1 1.3 38.1 -110.5 .. ..... .. -~ More than l.J3500 More than 350011 More than Morc than 110.5 ~ Table I Local Residential Street NTS Criteria .. * Note: fatal collisiens-will count as t'NO iniurv collisions 3. A l. L Point 85th Percentile AveraQe Daily location Scale S eed Traffic ADT School/Park Total 0.0 0-25 o - 500 No 1 0.5 26 - 27 501 .600 Yes 2 LQ 28 - 29 601 - 700 ;l 1 ~ 30 - 31 701 - 800 4 2.0 32 - 33 801 - 900 ~ Z 1 2.5 34 - 35 901 - 1.000 Q 3.0 36+ 1.001 + 7+ 3+ 2+ Table 2 Mino." Collector Street NTS Criteria Point 85th Percentile Average Daily location 5- Year Collision History Scale Speed Traffic (ADTl School/Park Total Injury Fatal 0.0 0-25 0- 1,000 No 1 - - - 0.5 26 - 27 1.001 - 1,800 Yes 2 - . 1.0 28 - 29 1.801 - 2,600 . 3 1 - - - 1.5 30 - 31 2,601 - 3.400 . 4 - - 2.0 32 - 33 3,401 - 4,200 - 5 2 1 K:, 1"R .\H,[("S ISNTS p[ll~'Tam Criteria. R VS i~1 .1 <)-08do(;. 5/7 26 2.5 3.0 34 - 35 36+ 4,201 . 5.000 5.001+ 6 7+ 3+ 2+ Table J Principal Collector Street NTS Criteria Point 85th Percentile Avera~e Daily location 5-Year Collision Historv Scale Speed Traffic (ADI) School/Park Total IniulY Fatal 0.0 0-25 o - 5,000 No 1 - . - - 0.5 26 . 27 5,001 - 7,000 Yes 2 . - - 1.0 28 - 29 7,001 .9,000 - 3 1 - - 1.5 30 - 31 9,001 - 11 ,000 - 4 - - - - - 2.0 32 - 33 11 ,001 - 13,000 - 5 2 1 2.5 34 - 35 13,001 - 15,000 - 6 - - - - 3.0 36+ 15,OOH- - 7+ 3+ 2+ 3) [f a proiect does not meet the 3-poillt minimum severity score. thc contact petitioner !3! informed about the study J'~~!!J~ al1cLis asked t~iJlt(1-IJll thosc_\vhQ....?igne~tJh<2JletitiQ!!i!r the results. In sucha case. additional education .and ent~\rcement would\\-'illk the-fffity proposed solutlOll., <4[f the proiect meets the above criteria. the Public Work:; DepartmentOtv -Will hold ;! neighborhood meeting will be held to discuss the advantages and disadvantages of various traffic calming devices at the subject location.and to develop.!L consensll~ solution. In addition to residents, staff from the City -$ Departments of Public Worlcs and School District. Police will be at the meeting. Police, and Fire Department staff willDepartmems w+lt-may also be invited. -Public meetings are usually advertised bv posting signs on the subject :;ides of the @ads in the ';icillity of the project locationo 11- 4. [f the total severity score is at least 6.0. no balloting 'Aill occur and the proposal will be presented to the City Council sub committee, as described in Step 6 belov.'. Otherwise. property ovmers and residents within the affected area shall be sent by first class mail a city prepared or approved ballot Property o'lmers '.>.'ho arc also residents will recei....e one ballot, although if returned, will be equivalent to two votes. Half (50%) of the returned ballots must vote affirmatively, concun-ing with the installation of the proposed de....ices. 5) 5. Ballots are sent to all properties abutting the streets and are within 600 teet ( measured along street ceI1J~!"lines )Qf the Jlli!Posed proiect lo"ation,-~~allots ;!!:c also sent ,....aHd-to properties where the proposed devices \vould be located along their sole access route as detennined bv the Public Works Director. Each device is balloted separately. afld--.aA simple maiority (51 % or !TIo!:.~.Jhan 50 %) of returned ballots is nccessary to cany the proiect forward ~ttw-Citv Council tor fi.nal approval. The ballots are only utilized to measure neH?:hborhood proiect support and arc advisorY to CounCil who may modify the proposal. I )[[ a project's se'.erit)" score reaches 6 or more point~;, staff would develop a proposal With citizen input and the balloting proce.;:; may be bypa:;~;ed_ I K: TR}\fFlC\NTS';.NT::- f'fOgram Criteria. RVSi,l.t 9-1)8d,,<,: 6.'7 27 -116) The ballot results may be delivered to the neighborhood utilizing signs on the street or bv conducting a _A--second neighborhood meeting wil! be held to deli';er the balloting rcsult~;. 7) If a proiect's severity score is at least (r.- points, staff may develop a proposal with citizen input and thcJ~allg.ti!lKQr:Qff.~~J!lli-.Y be Qypi:!~:i~.~t. ID-If the ballot measure is passed passes or if the total severity score is at least 6:{) points, the proposal is presented to the City Council Sub~!lQ-committee, and if passed, is then presented to the full Council for final approvaL 9) 7. If the baUQLmea~ll!:~JajJ;;-,--.a (me-vear waiting Qeriotl!,'LLt;illliJed t.;u.:~start the process. lQlJf approved by the City Council, the traffic calming devices willwould be installed as soon as budget. weather permits, and the contractor's schedule permits5. TraffIC CalmingC- Removal Process and Criteria b) Removal: T Neighborhood traffic calming devices located within the City of Federal '.Vay may be removed when all of the following criteria are met: ILL To be considered for traftic calming devices remo,;al, a aA City prepared or approved petition must be ~;Llbmitted signed by owners or residents representing 10 or -at least tentenmore -lots or parcels within the affected area,.... must be submitted to the City. The affected area includes properties abutting streets within 600 feet of the existing device location, measured along street centerlines, and properties at-which the existing devices are located along their sole access route as determined by the Public Works Director, and 2:L2. Property owners and residents within the affected area shall be sent by first olass mail, a Ceity prepared or approved ballot by first class maiL Property owners who are also residents ',",'ill receive one ballot, although if returned, will be equi'.oalent to two 'totes. Half (ballots. (. More than 50 %. ~of the returned ballots must vote affirmatively, concurring with the removal of devices. This ballot is advisory to City Council, who may modify the proposal, and II J.:-An adequate review period (minimum of 12 months from installation) and subsequent engineering analysis has been performed to determine the traffic characteristics along the route and the impacts to the remaining street system. 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CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONTINUITY OF LIBRARY SERVICES DURING EXPANSION POLICY QUESTION: Should the City adopt a resolution supporting continuity of services during the expansion of the King County Regional Library in Federal Way? COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: o Consent o City Council Business D Ordinance ~ Resolution D D Public Hearing Other STAFF REPORT By: N/A DEPT: Council Attachments: Proposed Resolution Options Considered: 1. Support a resoultion urging King County Library System to provide for continuity of services during the planned expansion and closure of the Regional Library. 2. Do not take any action. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: N/A Conunittee DIRECTOR ApPROVAL: N/A Conunittee N/A CoWlcil COWlcil COMMITTEE RECOMMENDATION: N/ A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "[ move approval of a resolution supporting continuity of services during the expansion closed of the King County Regional Library". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDfNO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 31 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SUPPORTING CONTINUITY OF FEDERAL WAY REGIONAL LIBRARY SERVICES DURING EXPANSION PROJECT. WHEREAS, King County Library System provides a valuable resource to the Federal Way Community through the operation of the Federal Way Regional Library; and WHEREAS, and the Federal Way Regional Library will undergo an expansion to better serve the students of Federal Way Public Schools and the Greater Federal Way Community; and WHEREAS, and the closure ofthe Federal Way Regional Library for a year or more during this expansion project will substantially impair the learning environment in the Greater Federal Way Community and for all our students; and WHEREAS, the City of Federal Way, the Federal Way School District and sectors of the Federal Way Business Community have offered cooperation in maintaining as many services as possible available to the students and citizens of Greater Federal Way during construction and closure; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: The City Council of Federal Way requests that the King County Library System take advantage of suggested opportunities and partner with the City, the Federal Way Public School District, and sectors of the federal Way Business Community to maintain as many services as possib Ie for the students and citizens of Greater Federal Way during construction and closure of the Federal Way Regional Library. RES # , Page 1 32 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2008. APPROVED As To FORM: CITY ArrORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. RES # , Page 2 33 CITY OF FEDERAL WAY, MAYOR JACK DOVEY ATTEST: LAURA K. HATHAWAY, CITY CLERK COUNCIL MEETING DATE: February 5th, 2008 .~!Ii:.~...~..:........~.~m... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: A Proposed Amendment to the Aggressive Begging Ordinance. POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE AMENDING THE AGGRESSIVE BEGGING ORDINANCE EXPANDING, CLARIFYING, AND PROVIDING RESTRICTIONS BASED ON TYPE OF AREA? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & POLICE MEETING DATE: February 5th, 2007 CATEGORY: D Consent D City Council Business STAFF REpORT By: AARON [gI Ordinance o Resolution o o Public Hearing Other DEPUTY CITY ATTORNEY DEPT: Law An ordinance is proposed that would expand and clarify the application of the City's Aggressive Begging ordinance and provide a prohibition on begging in certain specified types of areas. Attachments: Staff Report, Proposed Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council for first reading at the February 5th, 2008 meeting. 2. Modify the proposed Ordinance and forward to the full council for first reading at the February 5th, 2008 meeting. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: f 111:.... Committee t""'\. :;:::>tY Council COMMITTEE RECOMMENDATION: O?+\Ov"'- , PROPOSED COUNCIL MOTION: 10 forward the ordinance to the full Council for first reading at the February 5th, 2008 meeting. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDffiEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 34 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADDRESSING AGGRESSIVE, INTIMIDATING, OBSTRUCTIVE, AND FRAUDULENT PANHANDLING AND AMENDING CHAPTER 6 CRIMINAL CODE, ARTICLE VIII, CRIMES RELATING TO PERSONS. (Amending Ordinance Nos. 91-89, 94-214, and 05-509) WHEREAS, the City of Federal Way previously adopted an aggressive begging ordinance; WHEREAS, additional and more comprehensive regulations would help protect persons from threatening, intimidating, fraudulent, dangerous, or harassing behavior; keep public places safe and attractive for use by all members of the community; maintain and preserve public places where all of the community can interact in a peaceful manner; provide for the free flow of pedestrian and vehicular traffic on the streets and sidewalks in the City, promote tourism and business, and preserve the quality of urban life; WHEREAS, the City finds that more specific requirements regarding begging furthers the health and safety of citizens, specifically by recognizing the inherently threatening nature of certain encounters in public places based either on the manner or location of these interactions, especially locations where persons it is difficult to leave from or where money is dispensed; the inherent negative impact on traffic from certain encounters in public places based either on the manner or location of these interactions; and the need to protect citizens from inherently coercive nature of certain encounters in public places based on the fraudulent manner of these interactions; and by protecting ORD# , PAGE I 35 children; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS SECTION 1. Chapter 6, Article VIII, Section 6-188, of the Federal Way City Code shall be amended to read as follows: 6-188 Aggressive begging. ruw It is a crime for any person to intentionally engage in aggressive begging in any public place in the city as those terms are defined by this section. eb) As used in this section: illEB The following definitions apply to this section: :Aggressive begging" means shall mean: ea) Begging while using intimidation; a. To beg '-'lith intent to intimidate another person into giving money or goods; (b) Begging while using b. To beg '.'lith the use of false or misleading information; (c) Begging in a manner that creates a threat to the safety of any person or property; c. To beg in with or to involve acti'lities that are unsafe or dangerous to any person or property or to beg at locations or in a manner that threatens the safety of persons or property or that impedes or threatens to impede pedestrian or vehicular traffic; (d) Begging in a manner that impedes or threatens to impede pedestrian or vehicular traffic; (e) Begging d. To beg in a manner that exploits children; ef (0 Be'gging by providing or attempting to provide services or products of negligible value that were not requested or agreed to, while demanding or coercing payment in return; or e.To willfully provide or deliver or attempt to pro',ide or deliver unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return. (g) Begging in the following places: (i) Within 15 feet of an automated teller machine (A TM); (ii) At a public transportation stop; (iii) On a public transportation vehicle; (iv) On private property or residential property, if the owner, tenant, or lawful occupant has asked the person not to beg on the property or a sign has been posted indicating that begging is not allowed on the property; (v) Places where the begging is likely to create a threat to the safety of persons or property; or (vi) Places where the begging is likely to impede pedestrian or vehicular traffic, including, but not limited to, public places adiacent to any public roadway where the begging is directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked. ORD# ,PAGE 2 36 -f21 "Begging" means asking Beg shall mean to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. -Bt "Exploits children'"means begging while associating with children when the funds will not benefit the children or where the children are not cooperating voluntarily. Exploit children shall mean using children in an unethical, selfish, or abusive manner or in any other manner that gives an unfair ad':antage. "False or misleading information" includes, but is not limited to: (a) Stating that a donation is needed to meet a specific need and either that need does not exist. the person either already has sufficient funds to meet that need, or the person does not intend to use the funds to meet that need and the person does not disclose that fact; (b) Stating that a person is from out of town or stranded, when that is not true; (c) Wearing a military uniform or other indication of military service, while being neither a present nor former member of the service indicated; (d) Simulating a physical disability or using makeup or a device to simulate a deformity; or (e) Stating that a person is homeless, when that is not true. "Impede pedestrian or vehicular traffic" includes, but is not limited to, unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid contact by obstructing the path ofthe person or vehicle; or directing a solicitation to, or intending to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway, unless the vehicle is legally parked. f41 "Intimidation" means words or conduct which would likely cause a reasonable person to fear bodily harm, fear damage to or loss of property. or otherwise be coerced into giving money or other thing of value. Evidence of intimidation shall include but not be limited to: (a) Persisting in soliciting and closely following or approaching a person after the person has made a negative response to the begging; (b) Using violent or threatening gestures toward a person; (c) Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction; and (d) Intentionally touching or causing physical contact with another person without that person's consent. Intimidate shall mean to engage in conduct '.vhich v.'ould make a reasonable person fearful or feel compelled. fSj "Public place" means any place that is in common use by, or expressly or impliedly open to, the public, whether owned or operated by public or private interests, and includes but is not limited to any street, right-of-way. parking area, sidewalk, plaza, playground. school ground, park, cemetery. lake, stream. public conveyance, or business establishment open to the public. Public place shall mean any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel, that is in common use by the public with the consent, expressed or implied, of the owner or ovmers, and further, any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights of way open to the use of the public. (3) It is an affirmative defense to prosecution under this section that the person was: (a) Requesting assistance in an immediate, emergent, and unexpected emergency ORD# , PAGE 3 37 situation; (b) Requesting, arranging, or providing a lawful tow of, or emergency repairs to, a vehicle; (c) Otherwise authorized by a city permit; or (d) A law enforcement officer in the performance of official duties. (4) A person violating this section is guilty of a misdemeanor. (Ord. No. 91-89, ~ 1(9.26.030),3-5-91; Ord. No. 94-214, ~ 1, 7-5-94; Ord. No. 05-509, 9 1, 11-1-05) SECTION 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase ofthis chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions ofthis chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD# , PAGE 4 38 SECTION 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,200_. day of CITY OF FEDERAL WAY MAYOR JACK DOVEY ATTEST: CITY CLERK, LAURA HA THAW A Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ORD# , PAGE 5 39 ~ CITY OF\~# Federal Way STAFF REPORT DATE: DECEMBER 19TH, 2007 TO: PARKS, RECREATION, HUMAN SERVICES & POLICE COMMIlTEE FROM: AARON WALLS, DEPUTY CITY A lTORNEY SUBJECT: AN AMENDMENT TO THE AGGRESSIVE BEGGING ORDINANCE. Panhandling is constitutionally protected but cities may regulate the time, place, and manner of panhandling. Valid laws focus on the context and method of the begging, especially on the level of threat that is perceived and the intent of the panhandler. When regulating panhandling it should be remembered that it is difficult to distinguish panhandling from solicitations for recognized legitimate charities, both legally and factually. Restrictions must be content neutral, narrowly tailored, leave open alternative channels of communication, and serve a significant government interest. Significant community interests include protecting the public from harm such as intimidation, safety threats, traffic problems, or fraud. Restrictions must also be clear as to what conduct is prohibited and their reach must be restricted. Currently the City of Federal Way prohibits aggressive begging and also prohibits interference with pedestrian or vehicular travel, whether from begging or otherwise. The City defines aggressive begging as begging with intent to intimidate, using false or misleading information, in a manner that involves dangerous activities or threatens safety, in a manner that impedes traffic, in a manner that exploits children, or in a manner that involves unrequested services or products The proposal would clarify the language and intent of the ordinance. The proposal would expand on its definition of aggressive begging to specifically include more types of conduct and to restrict panhandling in certain types of locations. Specific examples of intimidation, fraud, and impeding traffic are added to their definitions. Intimidation is defined to explicitly include following a person after the person has refused to give money, using violent or threatening gestures, using profane, offensive, or abusive language, and touching or causing physical contact with another person without that person's consent. Fraud is defined to explicitly include lying about needs, being stranded, membership in the military, homeless ness, or a disability. Impeding traffic is defined to explicitly include begging on a sidewalk to a vehicle in a roadway. The proposal would restrict panhandling in specified types of areas such as near an automated teller machine (A TM), at a public transportation stop, on a public transportation vehicle, on private property where the person has been told not to beg, places where the begging is likely to create a threat to the safety of persons or property, and places where the begging is likely to impede pedestrian or vehicular traffic. K\Agenda [tem\PRPS\2008\Panhandling staff report.doc 40