LUTC PKT 02-07-2011City of Federal Way
City Council
Land Use/Transportation Committee
February 7, 2011 City Hall
6:00 .m. Council Chambers
MEETING AGENDA
(Electronic)
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes: January 24, 2011
B. Portable Signs in the Right of Way Code
Amendment
C. S 320 Street Overlay Reimbursement Contract
with Quadrant Corporation
D. Enterprise NTS — 18 Ave SW & 20"' Ave SW
(South of SW 356 St to County Line)
E. Nautilus NTS — S 308 St (1�` Ave S to 4 PI S)
4. OTHER
Presenter Page
LeMaster 2
Barker 4
Salloum 30
Hannahs 47 Action
Hannahs 51 Action
Action
or Info
Action
Action
Action
Council
Date Time
N/A 5 min.
Feb. 15, 2011 10 min.
Ordinance
1� Reading
Feb. 15, 2011 5 min.
Consent
Feb. 15, 2011 5 min.
Consent
Feb. 15, 2011 5 min.
Consent
5. FUTURE MEEfINGS/AGENDA ITEMS: The February 21, 2010 LUTC meeting is cancelled in observance of
President's Day. The next LUTC meeting is planned for Monday, March 7, 2011 at 6:00 PM in City Hall
Council Chambers.
6. ADJOURN
Committee Members City Staff
Linda Kochmar, Chair Cary M. Roe, P.E., Director of Parks, Pub/ic Works and Emergency Management
Jim Ferrel% Member Da�/ene LeMaster, Administrative Assistant II
lack Dovey, Member 153-835-1701
G.•�LUTC�LUTCAgendasa�5ummaries2011�1-7-1011 LUTCAgenda.dor
City of Federal Way
City Council
Land Use/Transportation Committee
January 24, 2011 City Hall
6:00 PM City Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Linda Kochmar, Committee Member Jack Dovey and Committee
Member Jim Fenell.
Council Members in Attendance: Council Member Jeanne Burbidge
Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public
Works Director Ken Miller, Surface Water Manager Will Appleton, Senior Engineering Plans Reviewer Ann Dower,
Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 6:00 PM.
2. PUBLIC COMMENT
There was no public comment.
3. BUSINESS ITEMS
Forward
Topic Title/Description to Council
A.
Approval of the January 10. 2011 LUTC Minutes
N/A
B.
C.
Committee approved January 10, 2011 LUTC minutes as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
Proposed Utility Easement with Celebration Park Access Road
Senior Engineering Plans Reviewer Ann Dower presented information on this item. There was
no public comment. Committee Member povey inquired when Council approved installation of
a detention pond at the south end of the park. Ms. Dower confirmed that Council approved the
pond in September 2010.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 2-0
Chair Kochmar recused.
Amendment to the Lease Agreement for City Premises on a Portion of Milton Road South
Feb. 1, 2011
Consent
Feb. 1, 2011
Consent
Assistant City Attorney Peter Beckwith presented information on this item. There was no public
comment or discussion.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell
Passed: Unanimously, 3-0
2
Land Use/Transportation Committee Page 2 January 24, 2010
D. Stormwater Video Inspection System — Request for Quote
Surface Water Manager Will Appleton presented information on this item. There was no public
comment. Committee Member povey noted the quotes requested are for a very specific
product. Are there many companies that could provide a quote? Mr. Appleton acknowledged
that very few companies are able to provide this product. Staff is expecting approximately five
quotes.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
Feb. 1, 2011
Consent
4. OTHER
Councilmember Burbidge thanked staff far the larger depiction of the easement area for Item 3A during the
presentation; it was very helpful. Councilmember Burbidge requested that depiction also be added to that agenda item
for the Council agenda packet and that staff provide an area map of this subject area with a comprehensive depiction of
all recent and future known projects.
5. FUTURE MEETING
T'he next LUTC meeting will be held Monday, February 7, 2011 at 6:00 PM in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 6:11 PM.
Attest:
COMMITTEE APPROVAL:
Linda Kochmar, Chair
Darlene LeMaster, Administrative Assistant II
Jim Fenell, Member
Jack Dovey, Member
G:U,UTC\LUTC Agendas and Summazies 2011\1-24-11 Minutes.doc 3
COUNCIL MEETING DATES: February 15, 2011 and March 1, 2011 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENT TO FEDERAL WAY REVISED CODE (FWRC) CHAPTER 19.05. DEFINITIONS
Atvn FWRC 19 .140.060(29) REGARDING PORTABLE S[GNS IN THE RIGHT
POL[CY QUEST[ON: Should the City of Federal Way approve amendments to Federal Way Revised Code
(FWRC), Chapter 19, to further define portable signs and to allow portable signs to be located in certain
portions of the right-of-way with the exception of the City Center Core and Frame zoning districts?
CoMMI'FTEE: Land Use & Transportation Co�nmittee (LUTC� MEETING DATE February 7 , 2011
CATEGORY:
❑ Consent � Ordinance
❑ City Councii Business ❑ Resotution
STAFF REPORT BY: Deb Barker. Senior Planner
❑ Public Hearing
❑ Other
DEPT: Community & Economic Development.
Background: On November 15, 2010, the LLJ'I'C forwarded the Planning Commission's recommendation for a code
amendment permitting portable signs in the right-of-way to the Federal Way City Council. On January 4, 2011, after
leaming of concerns about portable sign's potential adverse impacts to the City Center-Core and City Center-Frame zoning
districts, the City Council voted to return the portable sign code amendment to the LUTC for further evaluation.
Attachments: (1) Draft Adoption Ordinance; (2) Staff Report to the Planning Commission for the November 3, 2010,
Public Hearing; (3) Minutes of the November 3, 2010, Planning Commission Public Hearing; and (4) Minutes from the
January 4, 2011 City Council meeting (replacing the rescheduled December 21, 2010 City Council meeting).
Options Considered: 1) Adopt the Planning Commission's recommendation; 2) Adopt the Planning Commission's
recommendation as modified by the LUTC as contained in the Draft Adoption Ordinance; or 3) Do not adopt the proposed
amendments.
STAFE RECOMMENDATION: Staff recommends that the Council approve Option #2; adopt the Planning Commission's
recommendation as modified by the LUTC and reflected in the Draft Adoption Ordinance.
_ �-.,-�
MAYOR APPROVAL: ��%�/,/� j/ DIRECTOR APPROVAL: f��jL-
`� '�ee Council /�..-' Corrunittee Council
COMMITTEE RECOMMENDATION I move to adopt the Planning Commissions recommendation as modified by
the LUTC and forwnrcl the proposecl ordinance to First Reacling on Febr'uary IS, 2011.
Com C hai r Co mmittee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1 READING OF ORDINANCE (FEBRUARY 15, 2011):
for enactment on the March 8, 2011 consent agenda. "
"1 move to forrvard the ordinance to Seconcl Reading
2 READINC OE ORDINANCE (MARC�I 1, 2011) "I move approval of the LUTC recommendation to approve
the code amenciment, contczined in the Adoption Orclinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED l reading
❑ TABLED/DEFERRED/NO ACT[ON Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/t2/2010 RESOLUT[OPI #
4
Attachment #1
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to portable signs in the right-of-way; amending FWRC 19.05.190
(Amending Ordinance Nos. 09-610, 09-605, 09-593, and 08-585) and
amending FWRC 19.140.060 (Amending Ordinance Nos. 0&583, 07-
573, 07-554, 06-523, 05-487, OS-486, 99-357, and 99-348)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt new language which
establishes development regulations for portable signs within the right-of-way within the City of
Federal Way; and
WHEREAS, it is in the public interest for the City Council to adopt new language which
establishes development regulations for portable signs within specific zoning districts within the
City of Federal Way; and
WHEREAS, portable signs are currently permitted in certain parts of the public right-of-
way but prohibited in street side planter strips pursuant to FWRC 19.140.060(29)(h); and
WHEREAS, it has been noted that in many areas within the city, the planting strip next to
the street is sometimes the only location to safely locate a portable sign when there is no other
Ordinance No. 11-
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5
feasible location due to various factors, including but not limited to the absence of a sidewalk;
and
WHEREAS, the City has determined that in order to avoid impacts to vehicular and
pedestrian safety and avoid obstructing sight distance at intersections and driveways (other than
those serving single family residential uses), portable signs cannot be located in the sight
distance triangle reserve area of roadways and driveways, other than those serving single family
residential uses; and
WHEREAS, portable signs are not appropriate for certain areas within the city due to the
potential for inappropriate clutter and impacts to a visual integrity; and
WHEREAS, rights-of-way in the City Center-Core and the City Center-Frame zoning
districts are not conducive to the placement of portable signs as the high number of business
could lead to a proliferation of such signs which would not promote an active and vibrant
downtown district, and the signs are generally ineffective when combined with high traffic
volumes and on-street parking; and
WHEREAS, the city has previously imposed special development regulations on the City
Center-Core and City Center-Frame zoning districts in order to enhance their profile and support
economic development efforts; and
WHEREAS, features that are affixed to portable signs are not permanent, are
often visually unattractive and can become safety hazards if somehow detached from a sign; and
WHEREAS, by incorporating these parameters, this code amendment allows portable
signs to be placed within those areas of the right-of-way that do not adversely impact vehicular
or pedestrian safety and mobility; and
Ordinance No. 11-
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6
WHEREAS, by incorporating these parameters, this code amendment maintains a visual
integrity within the City Center-Core and City Center-Frame zoning districts; and
WHEREAS, by incorporating these proposed changes to FWRC 19.140.060 (1) through
(20), exempt signage is consistently referenced; and
WHEREAS, on October 26, 2010, the City properly issued an addendum to the
Environmental Determination of Nonsignificance (DNS), previously issued on August 20, 2408,
noting that under certain conditions, portable signs could be permitted within street side planter
strips; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on this code amendment on November 3, 2010; and forwarded a recommendation of approval to
the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered this code amendment on November 15, 2010, and recommended adoption of the text
amendment as recommended by the Planning Commission; and
WHEREAS, on January 4, 2011, the Federal Way City Council requested that the code
amendment be sent back to the Land Use/Transportation Committee of the Federal Way Council
for further evaluation; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered this code amendment on February 7, 2011, and recommended adoption of the text
amendment as recommended by the Planning Commission as modified by the Land
Use/Transportation Committee;
Ordinance No. I1-
Page 3 of 10
Rev 1/10 LU
7
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendment.
(a) This code amendment is in the best interest of the residents of the City and will
benefit the City as a whole by establishing parameters to allow portable signs to be located
outright within those areas of the right-of-way that do not impact vehicular and pedestrian safety
while maintaining the visual integrity of the City Center-Core and City Center-Frame zoning
districts;
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
Ordinance No. 11-
Page 4 oj 10
Rev 1/10 LU
8
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
EDG — 6. The City will encourage and support existing businesses to remain and/or
expand their facilities within Federal Way.
EDP —1. Redevelopment of the City Center will continue to receive special attention in
the FWCP.
EDP -2. The City will continue to seek high-quality urban design and infrastructure
standards for these areas.
CCG -21. Maintain street designations that reinforce the unique characteristics of the
City Center.
CCP-18. Continue to enforce and refine local zoning codes, site planning requirements,
and street design standards, as necessary, to establish a more pedestrian and
bicycle friendly environment.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because, when correctly located, portable signs will not interfere with
pedestrian or vehicular travel while assisting businesses in attracting customers.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because safely locating portable signs within suitable portions of the
right-of-way helps attract customers to businesses, sales, and other events, thus supporting
economic development.
Section 3. Chapter 19.05 of the Federal Way Revised Code is hereby amended to read as
follows:
Ordinance No. 11-
Page S of 10
Rev 1/10 LU
9
FWRC 19.05.190 S (sign) Definitions
(40) "Political signs" means temporary signs advertising a candidate or candidates for
public elective office, or a political party, or signs urging a particular vote on a public
issue decided by ballot in connection with local, state, or national election or referendum.
(41) "Portable sign" means any sign designed to be moved easily, self supportin� and
not permanently affixed to the ground or to a structure or building. Portable signs differ
from temporary signs in that portable signs are made of durable materials such as metal,
wood, or plastic.
(42) "Pre-opening sign" means a temporary sign which identifies a new business
moving into a new tenant space or building. The sign must include the name of the
business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening
Soon...," etc.).
(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord.
No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.19.)
Section 4. Chapter 19.140.060 of the Federal Way Revised Code is hereby amended
to read as follows:
FWRC 19.140.060 Exempt signs.
A sign permit is not required for the following signs or modifications to signs;
provided, however, that such signs shall comply with all of the following requirements:
(1) Address identification with numbers and letters not more than 10 inches in height.
(2) Balloons no greater than 18 inches in diameter and no more than five balloons per
display with a tether no longer than 36 inches. No more than two displays are permitted
per site.
(3) Barber poles.
(4) Construction signs, so long as such signs are limited to two signs per project and
each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction
signs shall not be displayed prior to issuance of a building permit and shall be removed
prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During
Construction" sign per site entrance is also permitted.
(5) ";U��*;���' °;�° �� °;*� Directional signs, on-site. Each sign shall not exceed
four square feet in sign area if the directional sign is indicating one direction and shall not
exceed eight square feet in sign area if such sign is indicating more than one direction.
Each sign may be no more than five feet in height. No more than two signs per street
frontage are permitted for multi-tenant complexes. Single-tenant properties shall be
reviewed on a case-by-case basis. Center or complex names or logos shall not comprise
more than 20 percent of the total sign area.
� > > �
s���ie�- Fla sg of an�nation �overnment educational institution, or noncommercial
Ordinance No. 11-
Page 6 of IO
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10
organization. Decorative flags without corporate logos or other forms of advertising are
also excluded from permit requirements. All flags must be a minimum size of five square
feet unless it is a national or state flag and the official national or state flag is less than
five square feet in size but not larger than 40 square feet in size.
(7) �,�' -�V;�� °;�°: Fuel price sig�ns. Signs shall be located on the property where fuel
is sold, shall be limited to one monument sign per street frontage not exceeding five feet
in height and sign area shall not exceed 20 square feet per sign face.
(8) Gravestones or other memorial displays associated with cemeteries or mausoleums.
(9) Historieal site plaques and signs integral to an historic building or site.
(10) Holiday decorations displayed in conjunction with recognized holidays.
(11) Incidental signs attached to a structure or building, providing that the total of all
such signs per use or business shall not exceed two square feet.
(12) Instructional signs that do not exceed six square feet in area per sign face.
(13) Integral design features when such features are an essential part of the architecture
of a building (including religious symbols) and when such features do not represent a
product, service, or registered trademark.
(14) Integral signs when no more than one per building.
(15) Interior signs located completely within a building or structure and not intended to
be visible from outside the structure, exclusive of window signs.
(16) Menu board not to exceed 32 square feet per sign face and a maximum height of
five feet (two permitted per site).
(17) Nameplates not to exceed two square feet per sign face.
(18) Nonblinking small string lights which are part of decoration to be used in
association with landscaped areas and trees.
(19) p���°* ��' a;°r'^ point of purchase displays. Point of purchase signs are
limited to two square feet in area and one sign per point of purchase. Such signs shall
only display instructional or price information and shall not include copy pertaining to
any special sale or promotion. Point of purchase display signs shall be permitted in
conjunction with an outdoor use, activity, or storage as authorized under Chapter 19.125
FWRC.
(20) Political signs so long as the maximum area per sign is limited to six square feet.
No political sign shall be displayed later than seven calendar days after a final election.
(21) pu; �a °;�° private advertisin� si ng�s. The sign shall be limited to
eight square feet per sign face and five feet in height, the sign must be immediately
removed at the end of an event, use or condition, the sign must contain the address of the
event or advertiser, and there shall be no more than six such signs advertising an event.
(22) Private notice signs.
(23) D�w' ��*w�� ���° Real estate si ng_s. Real estate signs shall be limited to one on-
. .,
site sign per agent per street frontage or public entrance if no street frontage exists. For
dwelling units, the area of the sign shall be no greater than six square feet per sign face.
For other uses and developments, the size shall not exceed 32 square feet per sign face.
All on-site real estate signs must be removed when the sale closes, or in the case of a
rental or lease, when the tenant takes possession.
Ordinance No. 11-
Page 7 of 10
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11
(24) Temporary business signs for temporary business defined by FWRC 12.25.010;
provided, however, that each licensed temporary business is only allowed two signs of 16
square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign
face.
(25) Under-canopy signs not exceeding the width of the canopy and eight square feet
in size; and provided, that a minimum separation exists between such signs equal to 20
lineal feet or more.
(26) Warning signs.
(27) Window signs not exceeding 25 percent of the window area only to advertise
products, goods or services for sale on site, business identification, hours of operation,
address, and emergency information.
(28) Signs on sports field fences not exceeding 32 square feet per sign that are securely
attached to the fence, are not protruding above the fence line, and are oriented to the
interior of the field.
(29) Portable signs located in the public right-of-way subject to the following
standards:
(a) Signs may not be affixed to the ground, including through the use of stakes or
other means that may damage property; .
(b) No more than two signs are allowed per event and no person may have more
than two signs at any one time, except that 10 open house signs are allowed;
(c) Sign area shall neither exceed six square feet per sign face nor 36 inches in
height;
(d) Si�ns shall have a name and contact phone number or other contact
information on them;
��Signs are allowed only between the hours of 9:00 a.m. and 5:00 p.m., or
sunset, whichever is later, and must be removed each day;
�� Signs may not be placed on or attached to other objects, including but not
limited to buildings, structures, trees, plants, utility poles, utility boxes, utility equipment,
or other signs;
�g) Balloons paper cardboard plastic or�erishable flexible or temporarv
materials of any kind shall not be t�ed stapled tacked nailed �lued, or otherwise
affixed to the sign�,
{�}� Signs shall not be placed or located
• on the traveled portion of a roadway;
• in parking lanes;
• on sidewalks;
• in bicycle lanes or placed in a manner that interferes with vehicle,
bicycle, wheelchair, or pedestrian si tlines �er�s or travel;
• within street medians; or
• within any si �t-distance triangle reserve area as depicted in the
followin dr� awin�; and
Ordinance No. 11-
Page 8 of 10
Rev 1/10 LU
12
Face of curb.
or if none exists,
edge of pavement.
Sight distance triaqele
reserve areas. 'Y
�
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1
. � .�...
�
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4)
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O
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v
�
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I��� I Street I� I
*Except drivewavs servins sinele familv residential uses.
Face of curb,
�r if none exists,
�dge of pavement.
FWRC 19 140 060 (29) (a 1) SIGHT DISTANCE TRIANGLE RESERVE AREA
Portable Signs are Not Allowed in Sight Distriact Triangle Reserve Area
- -�
.c..:.c:��.iz.� -
� Si�s shall not be located in the Citv Center Core and Citv Center Frame
.. . _... . . , . , „ , . , , �--- --
•�outn s i �-- �treec on tne nonn,
• South 324�' Street on the south,
• Interstate 5 on the east, and
• On the west alon�:
0 14 Avenue South between South 312 Street and South 317`"
Street,
0 l O Avenue South between South 317`" Street and South 320�'
Street, and
0 11` Place South between South 320�' and South 324`" Street on the
west.
(Ord. No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-
554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. OS-487,
§ 3, 4-19-05; Ord. No. OS-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-
348, § 5, 9-7-99. Code 2001 § 22-1599(d)(2).)
Section 5. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
Ordinance No. 11-
13
ngle
Page 9 of 10
Rev 1/10 LU
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 7. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, 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.:
Ordinance No. 11-
Page 10 of IO
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14
Attachment #2
�
�
cinr aF ��
Federal Way
STAFF REPORT TO THE PLAl�TNING COMMISSION
Amendment to Federal Way Revised Code (FWRC�
� Chapter 19.140, "Signs"
File No.10-104254-00-UP
Planning Commission Meeting of November 3, 2010
I. BACKGROULYD
On October 3, 2010, the City Council gave staff direction to prepare a code amendment to allow
portable signs to be located in street side planter strips within the right-of-way.
II. DISCUSSION
Pursuant to Federal Way Revised Code (FWRC) 19.140, portable signs are presently permitted in the
public right-of-way subject ta the conditions of FWRC 19.140.060(29)(a) through (29)(h).
Limitations include FWRC 19.140.060(29), which states that portable signs are not to be placed in
street medians or in street side planter strips. It has been noted that in many areas within the city, a
street side planter strip is the only location available to safely locate a portable sign when there is no
other feasible location due to various factors, including but not limited to the absence of a sidewalk.
The placement of portable signs in street medians may adversely impact road safety and is not
endorsed. However, portable signs that are properly tocated within street side planter strips would
keep pedestrian corridors clear and would not create traffic safety issues. Further, maintenance can
still occur in street side planter strips as portable signs can be easily relocated.
To avoid obstructing sight distance at intersections and driveways and not impact traveler safety,
portable signs need to be outside of the sight distance triangle reserve area of street side planter
strips. The sight distance triangle reserve area is based on an area having two 30-foot sides along the
prolongation or continuation of lines from the face of the curb, or if no curb exists, the edge of the
pavement at each intersection or driveway. A drawing is provided for reference. By incorporating
these parameters, this code amendment would allow portable signs to be placed in the street side
planter strips within the right-of- way while protecting public infrastructure and property, and
promoting traffic and traveler safety.
The draft code amendment is enclosed as Exhibit A. Language proposed to be deleted is shown as
st�ee� and any proposed new language would be shown as underline. Under this amendment to
19.140.Q60(29), portable signs woUld be allowed in the street side planter strips of the right-of-way
as follows:
15
(29) Portable signs located in the public right-of-way subject to the following standards:
(a) Signs may not be affixed to the ground, including through the use of stakes or other means
that may damage property;
(b) No more than two signs are allowed per event and no person may have more than two signs at
any one time, except that 10 open house signs are allowed;
(c} Sign area shall neither exceed six square feet per sign face nor 36 inches in height;
(d) Signs are allowed only between the hours of 9:00 a.m. to sunset and must be removed each
day;
(e) Signs may not be placed on or attached to other objects, including but not limited to buildings,
structures, trees, plants, utility poles, utility boxes, utility equipment, or other signs;
( fl Signs shall not be located on the traveled portion of a roadway; in parking lanes; on sidewalks;
in bicycle lanes; or placed in a manner that interferes with vehicle, bicycle, wheelchair, or
pedestrian views or travel;
(g) Signs shall not be placed in street medians or within an��ht-distance trian�le reserve area of
an street side planter strips: as depicted in the followin� drawinQ:
Face ofcurb,
or if none exists,
edge of pavement.
Sight distance hiangle
reserva areas. �
�
— aa
�
a�
i
� p O
� �' � o
1 �
i
� J - �I
I �3a � I
Street
{� l
Face of curb,
ar if nune exists,
edge of pavemant.
FWRC 19140 060 (29) (g 11 SIGHT DISTANCE TRIANGLE RESERVE AREA
Portable Signs Are Not Allowed in Sight Distance Triangle Reserve Area
(h) Signs shall have a name and contact phone number or other contact information on them.
III. STAFF RECOMNIENDATION
Staff recommends that the code amendment as outlined in Section II above and enclosed as Exhibit
A be recommended for approval to the City Council.
N. REASON FOR PLANNING COMMISS.[ON ACTION
FWRC Chapter 19.80, "Process VI - Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process VI review, the role of the Planning Commission is as
follows:
To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendment meets the applicable criteria
provided by FWCC 19.80.240(1).
To forward a recommendation to City Council regarding adoption of the proposed zoning code
text amendment.
Staff Report to t6e Planning Commissioo
Amendment lo EWRC I9.140, Siyfs
r�i �
1
L r
16
Sight distancc triangle
reserve areas.
Doc. i.D. 56158
e�ea
V. DECISIONAL CRITERIA
FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the
compliance of the proposed zoning text amendment with the criteria provided by sections (1)
through (3) of Chapter 19.80.130, FWRG The City may amend the text of the FWRC only if it �nds
that:
1. The proposed amendment is consisteut with the applicable provisions of the comprehensive
plan.
The proposed FWRC text amendment is consistent with the following Federal Way
Comprehensive Plan (FWCP) goal:
EDG-6 The City will encourage and support existing businesses to remain
and/or expand their facilities within Federal Way.
The comprehensive ptan encourages success of business in Federal Way as a general concept.
Enhanced signage can serve to benefit business visibility and viability. The success of business
has a direct impact to the City's tax base, which provides the money to support City services
and amenities.
2. The proposed amendment bears a substantial retationship to public health, safety, or
welfare.
The proposed FWRC text amendment bears a relationship to the public health, safety, and
welfare because when correctly located, portable signs will not interfere with pedestrian or
vehicle travel while assisting businesses in attracting customers. Limiting the number of signs
and hours during which they may be displayed will continue to promote a positive visual image
of the City, and sign portability lends to maintenance ease.
3. The proposed amendment is in the best interest of the residents of the City.
The proposed FWRC text amendment is in the best interest of the residents of the City because
safely locating portable signs in the street side planter strips helps to attract customers to
business, sales, and other events thus supporting economic development.
VI. PLANNING COMMISSION ACTIOPi
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
following actions regarding the proposed zoning code text amendment:
1. Recommend to City Council adoption of the FWRC text amendment as proposed;
2. Modify the proposed FWRC text amendment and recommend to City Council adoption of
the FWRC text amendment as modified;
3. Recommend to City Council that the proposed PWRC text amendment not be adopted; or
4. Forward the proposed FWRC text amendment to Ciry Council without a recommendation.
Exhibit A— Amendment to Federal Way Revised Code Chapter 19.140.060, "Signs," with Proposed Language Changes.
StaffReport m the Planning Commissiort
Ame�dment to FWRC 19.140, Signs
Doc. I.D. 56158
Page 3
17
E��T A -
AMENDMENT TO FEDERAL WAYREVISED CODE(FWRC�
Cxa�'rER 19.140.060, "SIGNS"
19.140.060 Exempt signs.
A sign permit is not required for the following signs or modifications to signs; provided,
however, that such signs shall comply with all of the following requirements:
(1) Address identification with numbers and letters not more than 10 inches in height.
(2) Balloons no greater than 18 inches in diameter and no more than five balloons per display
with a tether no longer than 36 inches. No more than two displays are permitted per site.
(3) Barber poles.
(4) Construction signs, so long as such signs are limited to two signs per project and each sign
does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be
displayed prior to issuance of a building permit and shall be removed prior to the issuance of a
certificate of occupancy. One "Coming Soon" or "Open during Construction" sign per site
entrance is also permitted.
(5) Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the
directional sign is indicating one direction and shall not exceed eight square feet in sign area if
such sign is indicating more than one direc�ion. Each sign may be no more than five feet in
height. No more than two signs per street frontage are pernutted for multi-tenant complexes.
Single-tenant properties sha11 be reviewed on a case-by-case basis. Center or complex names or
logos shall not comprise more than 20 percent of the total sign area.
(6) Flags of any nation, government, educational institution, or noncommercial organization.
Decorative flags without corporate logos or other forms of advertising are also excluded from
permit requirements. A11 flags must be a minimum size of five square feet unless it is a national
or state flag and the official national or state flag is less tlian five square feet in size but not larger
than 40 square feet in size.
(7) Fuel price signs. Signs shali be iocated on the property where fuel is sold, shall be limited
to one monument sign per street frontage not exceeding five feet in height and sign azea shall not
exceed 20 square feet per sign face.
(8) Gravestones or other memorial displays associated with cemeteries or mausoleums.
(9} Historical site plaques and signs integral to an historic building or site.
(10) Holiday decorations displayed in conjunction with recognized holidays.
(l I) Incidental signs attached to a structure or building, providing that the total of all such
signs per use or business shall not exceed two square feet.
(12} Instructional signs that do not exceed six square feet in area per sign face.
(13) Integral design features when such features are an essential part of the architecture of a
building (including religious symbols) and when such features do not represent a product,
service, or registered trademark.
(14) Integral signs when no more than one per building.
(15) Interior signs located completely within a building or stxucture and not intended to be
visible from outside the structure, exclusive of window signs.
(16} Menu board not to exceed 32 square feet per sign face and a ma.ximum height of five feet
(two pezmitted per site}.
18
(17) Nameplates not to exceed two square feet per sign face.
(18) Nonblinking sma11 string lights which are part of decoration to be used in association with
landscaped areas and trees.
(19) Point of purchase displays. Point of purchase signs are limited to two square feet in azea
and one sign per point of purchase. Such signs shall only display instructional or price
information and shall not include copy pertaining to any special sale or promotion. Point of .
purchase display signs sha11 be permitted in conjunction with an outdoor use, activity, or storage
as authorized under Chapter 19.125 FWRC.
(20) Political signs so long as the maximum area per sign is limited to six square feet. No
political sign shall be displayed later than seven calendar days after a fmal election.
(21) Private advertisang signs. The sign shall be limited to eight square feet per sign face and
five feet in height, the sign must be immediately removed at the end of an event, use or
condition, the sign must contain the address of the event or advertiser, and there shall be no more
than six such signs advertising an event.
(22) Priva.te notice signs.
(23) Real estate signs. Real estate signs shall be limited to one on-site sign per agent per street
frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign
shall be no greater than six square feet per sign face. For other uses and developments, the size
sha1l not exceed 32 square feet per sign face. All on-site real estate signs must be removed when
the sale closes, or in the case of a rental or lease, when the tenant takes possession.
(24) Temporary business signs for temporary business defined by FWRC 12.25.010; provided,
however, that each licensed temporary business is only allowed two signs of 16 square feet per
sign face. If only one sign is used, that sign may be 32 square feet per sign face.
(25) Under-canopy signs not exceeding the width of the canopy aud eight squaze feet in size;
and provided, that a minimum separa,tion exists between such signs equal to 201ineal feet or
more.
(26) Warning signs.
(27} Window signs not exceeding 25 percent of the window area only to advertise products,
goods or services for sale on site, business identification, hours of operation, address, and
emergency information.
(28) Signs on sports field fences not exceeding 32 square feet per sign that are securely
attached to the fence, are not protruding above the fence line, and are oriented to the interior of
the field.
(29) Portable signs located in the public right-of-way subject to the following standards:
(a) Signs may not be affixed to the ground, including through the use of stakes or other means
that may damage property;
(b) No more than two signs are allowed per event and no person may have more thau two signs
at any one time, except that 10 open house signs are allowed;
(c) Sign area shall neither exceed six square feet pex sign face nor 36 inches in height;
(d) Signs are allowed only between the hours of 9:00 a.m. to sunset and must be removed each
day;
(e) Signs may not be placed on or attached to other objects, including but not limited to
buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, or other signs;
(� Signs shall not be located on the traveled portion of a roadway; in parking lanes; on
sidewalks; in bicycle lanes; or placed in a manner that interferes with vehicle, bicycle,
wheelchair, or pedestrian views or travel;
Hxhibit A to StaffReport ro tiro Planning Commission
Revised FWAC 19.190.060, Sigos
Doa LD.56i59
Pege 2
19
(g) Signs sha11 not be placed in street medians or within any si�ht-distance trian�le reserve area
of anv street side planter strips as deuicted in the followin� drawin��
Face of curb,
or if none e�rists,
edge of pavement.
�
Sight distance Viangle �
reserve areas. 4 �
� �
,$ `p O
4 Y � O
�h
' � a�'i
— -� — !�'1
� 30' I
Street
Sight distance triangle
_ � reserve areas.
c � 1. Face of curb,
� or if none exists,
� � , edge o( pavement
L r
I 3a I
FWRC 19140 060 (291 ta 1i SIGHT DISTANGE TRIANGLE RESERVE AREA
Portable Signs Are Not Aflowed in Sight Distance Triangle Reserve Area
(h) Signs shall have a name and contact phone number or other contact infor�ation on them.
Ord. No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-
07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. OS-487, § 3, 4-19-05; Ord. No. OS-486, § 3, 4-19-05; Ord. No.
99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(d)(2).)
�
Exhibit A ro Staft'Report to the Planning Commisaion Doc. I.D. 56] 59
Revised FWRC 19.190.060. Signs . Page 3
2�
Attachment #3
CITY OF FEDERAL WAY
PLANNING COMMISSION
November 3, 2010 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Tom Medhurst , Hope Elder, Lawson Bronson, and Sarady Long. Staff present: Planning
Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Deb Bazker, City Traffic Engineer Rick
Perez, Associate Planner Matt Herrera, Assistant City Attorney Peter Beckwith, and Administrative Assistant
Darlene LeMaster.
CALL TO ORDER
Vice-Chair Etder called the meeting to order at 7:00 p.m.
ROLL CALL
Commissioners Elder, Medhurst, Bronson and Long present.
excused.
Commissioners Pfeifer, Q'Neil and Carlson were
APPROVAL OF MINUTES
The minutes of October 20, 2010 were approved as written.
AUDtENCE COMMENT
None
ADMINISTRAT[VE REPORT
None
PusL[C HE�ttNG — Amendment to the Federal Way Revised Code (FWRC) Chapter 19.140, "Signs"
Vice-Chair Elder explained the guidelines for the Public Hearing.
Senior Planner Deb Barker reviewed the background and reasons for the code amendment to allow portable
signs in street side planter strips within the right of way. Ms. Barker also reviewed the definition of a portable
sign, characteristics of the street side planter strip, and explained the sight distance triangle reserve area
language proposed for the code amendment. An email from Mr. Sam Pace, Seattle/King County Association of
Realtors was entered into the record. There was one public comment.
Sam Pace, 29839154 Ave SE, Kent — Mr. Pace spoke in support of the proposed code amendments regarding
portable signs. Mr. Pace explained that the code amendment is important for both sellers and biryers, especially
ftrst time buyers. The code amendment is also important to the City. Each real estate sale produces revenue in
the form of taxes paid when a sale is funded. Mr. Pace complimented all City staff on their outstanding
customer service on this and past issues and asked for Planning Commission 's consideration of the proposed
amendment.
Vice-Chair Elder asked if there were any questions/concerns from the commissioners. Hearing none, Vice-
Chair Elder asked for a motion.
Go�anissioner Long moved to recommend adoption�f the Federal Way Revised Code (FWRC) 19.140.060 (29)
text amendment, in regard to Portable Signs as proposed by staff. Commissioner Bronson second. Motion
G:\Plaming Commission�2010\Meetioe Su�l-03-IO.doc
Planning Commission Minutes Page 2 November 3, 2010
carried, 4-0.
Vice-Chair Elder closed the public hearing.
PUB[,iC HEARING — Zoning and Development Code Amendments Related to the Keeping of Fowl and
Rabbits
Vice-Chair Elder explained the guidelines for the Public Heanng.
Associate Planner Matt Herrera reviewed the background and reasons for the code amendment and summarized
the proposed code amendments. Staff analyzed all questions and recommendations from the Planning
Commission's September 29, 2010 Study Session and also did further research. 1VIr. Herrera presented the staff
recommendation:
■ Ban roosters in all areas of the city with the exception of Suburban Estate (SE) zoned (ots.
■ Allow up to any combination of four chickens/ducks on residential lots less than 35,000 s.f.
■ Cap the amount of chickens/ducks allowed at 20 (total) for lots 35,000 s.f. and greater in single-family
residential zones (RS) zones.
■ Maintain the cunent policy of four rabbits for lots less than 35,000 s.f.
There were two public comments:
Alissa Hansen, 3S6 S 304`�' Place, Federal Way — Ms. Hansen askect if these code amendments are passed, what
is the anticipated time that they would be allowed to keep chickens. Mr.. Herrera stated that he anticipates the
code amendment to be enacted by the end of the year.
Marion Bartholomew, 30305 19`�' Place SW, Federal Wcry — Mr. Barthotomew was very happy with stcrffs
recommendations. He asked the Commission to consider reducing the period of time for resic�ents to comply
with no roosters from two yeccrs ta one. Mr. Bartholomew askecf if a chicken coop must be fiilly enclosed or are
chickens allowed outside of a coop. Mr. Herrera explained that the existing regulations allow for free range
chickens. There are also nuisance regulations in place that state that animals may not run wild outside of their
own yard. Mr. Bartholomew hopes that allowing chickens to roam outside of their coops rvill not create code
compliance issues. As for rabbits, Mr. Bartholomew supparts a ten foot setback for rabbit hutches as well.
Vice-Chair Elder asked for questions or comments from the Commissioners.
Commissionec Bronson suggested that staff may want to recommend four or five appropriate chicken coop
designs. Mr. Herrera stated there are currently no design guidelines for single-famiiy residential uses. In
addition, many residents desire sustainability and may therefore want to build a coop out of recycled materials.
Vice-Chair Elder asked for clarifieation on the allowed amount of chickens and/or ducks. Mr. Herrera
confirtned an allowable total of four, in any combination of chickens or ducks for single-family residential areas
less than 35,000 s.f. To respond to Mr. Bartholomew's comment on rabbits, there is an existing code allowing
up to four rabbits in single -family residential less than 35,000 s.f. It is assumed ihat rabbits are household pets,
therefore not requiring outdoor living quarters. For lots an 35,000 s.f. and greater, there is a 40 foot setback for
rabbit hutches. .
Commissioner Medhurst complimented staff for listening to the public on this issue and responding
appropriately. Commissioner Medhurst is not interested in regulating a coop design.
Commissioner Long concurred with eommissioner Medhurst and thanked Mr. Herrera for a thorough
presentation. Commissioner Long supports a maximum limit of up to four chickens/ducks, stating that this limit
is very reasonable and will allow the average family than enough egg production.
Commissioner Bronson wanted to clarify what was meant in his earlier comment regarding chicken coops.
r�w��.,�.,o r,..�..,;«�„voimn,�-,.;�e c.�..,..,,�..., i is:_�n,�.�
Plaaning Commission Minutes Page 3 November 3, 2010
Commissioner Bronson supports not having requirements for coops; rather, having ideas, suggested plans,
materials, etc. for residents who are looking for ideas. Mr. Henera responded that staff may be producing a
resource document, available to residents in simple text regarding Urban Chickens and the code as it applies to
them.
Commissioner Bronson asked the reason for a ten foot setback for chicken coops. Is there really a difference
between five and ten feet? Mr. Herrera responded that because of concerns raised by residents, staff felt
inclined to meet residents halfway. A ten foot setback is adequate. For example, in a high density single-family
residentiai area with approx. 5,000 s.f. lots, the average lot width is 40-60 feet. Assuming a ten foot setback on
the side and rear of the lot, there is adeQuate room for an appropriate size coop (48 s.f.). Should this tum out to
not be the case, staff can re-evaluate this at a later date. The same applies to mobile coops. There should be
adequate space.
Commissioner Long asked if residents will need a permit for chickens or ducks. Mr. Herrera said that permits
will not be required. "This can also be re-evaluated at a later date if any probiems arise.
Commissioner Bronson moved to recommend adoption of the proposed code amendments to Federal Way
Revised Code (FWRC) 19.260 "Zoning and Development Code" as it applies to chickens and ducks as
presented by staff. Commissioner Medhurst second. Motion earried, 4-0.
Vice-Chair Elder closed the public hearing.
ADD[TIONAL BUSINESS/PUBLIC COMMENT
None
ADJOURN
The meeting was adjourned at 7:47 p.m.
23
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Attaehment #4
cirr oF
Federai Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Councii Chambers - City Hall
January 4, 2011
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:00 p.m.
Councilmembers present: Mayor Skip Priest, Depury Mayor Dini Duclos, Councilmember
Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember
Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGtANCE
Councilmember Ferrell led the pledge of allegiance.
3. PRESENTATIONS
a. Proclamation: National Mentorinq Month
Councilmember Freeman read the proclamation into the record and presented it to Doug
Baxter from Com�nunities in Schools Federal Way. Mr. Baxter thanked the CounciE for.
recognizing National Mentoring Month and spoke to the importance of inentoring in the
community.
b. Kinq Countv Solid Waste Interlacal AQreement — Information onlv
Solid Waste/Recycling Coordinator Rob Van Orsow reviewed the City's involvement in
the Metropolitan Solid Waste Management Advisory Committee. King County is
conducting a Comprehensive Solid Waste Management Plan Update to replace the
2001 Comprehensive Plan. Cities will have 120 days to either adopt or reject the plan.
King County is also looking to request a rate increase in 2012 for garbage fees. King
County has Solid Waste Interlocal agreements with 37 cities and is looking into potenfial
revisions to the agreements such as extending the terms so King County can obtain
bond financing for transfer system reconstruction.
The Councif shared their concerns regarding this issue as well as how missed
collections due to inclement weather are being addressed. Mayor Priest recommended
deferring issues with Waste Management and King County Solid Waste to the FEDRAC
Committee.
City Couneil Minutes — January 4, 201 ] Regular Meeting
Page 1 of 6
24
c. Mavor Emerginq Issues / Introduction of New Employees
Mayor Priest stated there were no emerging issues or new employee introductions.
4. CITIZEN COMMENT
PLEASE COMPLETE A PfNK SLIP & PRESENT lT TO THE CITY CLERK PR10R TO SPEAK/NG.
When recognized by the Mayor, come forward fo the podium and state your name for the record.
PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments
fhat exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate.
Nancv Combs spoke regarding missed garbage coAection dates last week. She a{so
commented on unsafe city streets.
John Wilde submitted a letter for the City Clerk to read into the record. He suggested a
community volunteer day in Federal Way similar to the City of Auburns Clean Sweep
event.
Norma Blanchard asked if a business license was issued to a marijuana dispensary. She
also asked how the Mayor voted on the Civic Center at the December 7, 2010 City
Council meeting.
Tim Anderson spoke in opposition of school buses being routed down 13"' Place South.
He woutd like the Councils assistance in negotiating altemate routes for the buses.
Donald Barovic thanked staff for their assistance in keeping storm drains on his property
clean. He spoke regarding Waste ManagemenYs level of service and the proposed
chicken/duck ordinance_
Mollv McGruder voiced her concems with buses being routed on 13"' Place South.
Jackie Muth shared her concerns regarding routing buses on 13 Place South
Sam Pace spoke regarding item 7d. He feels there are simple solutions to address the
Council's concems on this item and is looking forward to assisting where he can.
Michael Kun stated Puget Sound Energy is no longer a public entity. He encouraged the
Council to look into a municipal energy entity to provide energy to Federal Way residents.
Tim Bums commented on the Toys-R-Us property purchase. He feels approving the
1033 form is tax evasion and he questions the integrity of the City Council.
5. CONSENT AGENDA
ltems listed be%w have been previousty reviewed in their entirety by a Counci! Committee of three members
and brought before full Council for approval; a!1 items are enacted by one motion. IndividuaJ ifems may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: December 7, 2010 Special and Regular Meetings APPROVED
b. Energy PerFormance Agreement with MacDonald Miller and Accepting PSE Grant
APPROVED
c. Dry Cleaning Contract between Empire Cleaners (nc., DBA John's Cleaners and the
City of Federal Way, Washington for the Police Department Uniform Dry Cleaning
Services APPROVED
City Council Minutes - January 4, 20!! Regular Meeting
Page 2 of 6
25
MOTION: Deputy Mayor Duclos moved approval of items 5a through 5c.
Councilmember povey second. VOTE: Motion carried 7-0.
6. COUNCIL BUSINESS
a. Vouchers
Finance Director Tho Kraus stated the December 2010 Finance, Economic
Development and Regional Affairs Committee meeting was cancelled so the vouchers
did not go thraugh Council Committee approval. The vouchers are items paid between
November 16, 2�10 and December 15, 2010 totaling $3,355,361.29
MOTION: Councilmember Park moved approval of the vouchers.
Councifinember Burbidge second. VOTE: Motion carried 7-0.
b. Monthlv Financial Report
Finance Director Tho Kraus stated the November 2010 Financial Report was being
presented under Council Business because the December 2010 Finance, Economic
Development, Regional Affairs Committee meeting was canceled. Majar revenues below
year-to-date budget include gambling and utility tax. The Federat Way Community
Center is continuing to perform well. Revenues exceed year-to-date budget as well as
prior years. The Dumas Bay Center has a positive ending fund balance of $112,000.00,
of that $55,000 is earmarked for marketing study and implementation. Councilmember
Park asked Ms. Kraus to bring information on the new work release program that the
Municipal Court implemented to the January FEDRAC Meeting.
MOTION: Councilmember Park moved approval of the monthly financial report.
Councilmember povey second. VOTE: Motion carried 7-0.
c. Leqislative Aqenda Amendment
Financial Services Administrator Bryant Enge stated the City Council adopted the 2011
Legislative Agenda on November 2, 2010. Since then the State's economic condition
has become more challenging. 7he revised Legislative Agenda before Council takes into
consideration the State's financiaE challenges and does not request new funding. !n
addition, the revised agenda provides greater clarity concerning the City's emphasis on
public safety and sustainability. Mayor Priest asked staff to provide additional information
regarding surface water mandates prior to the January 6, 2011 Legislative Meeting.
MOTION: Councilmember Park moved approval of the draft updated 2011
Legislative Agenda. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
7. ORDINANCES
FIRST READING:
a. CB 563• 2010 Comprehensive Plan Amendments Related to the Performina Arts
Center and Competitive Sports Center
An ordinance of the City of Fede�al Way, Washington, relating to amendments to the City's
Comprehensive Plan
City Council Minutes — January 4, 2011 Regular Meetirsg
Page 3 of 6
26
Financial Services Administrator Bryant Enge stated this item had been before the
Planning Commission and the Land Use, Transportation Committee for review. He
summarized the proposed amendments to Chapter 6 of the FWRC and stated the
proposed ordinance would change the name of the Performing Arts Center to Civic
Center (Conference Center/ Performing Arts Center).
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to second
reading and enactment at the January 18, 2011 City Council meeting. Deputy
Mayor Duclos second. VOTE: Motion carried 6-1, Councilmember Ferrell
dissenting.
b. CB 564: FWRC Housekeeqinq References to City Manaqer
An ordinance af the City of Federal Way, Washington, relating to reflecfing the change of govemment
to the Mayor-Council in the Federal Way Revised Code; amending FWRC Sections 1.20.020; 2.23.030;
2. 29.040; 3.10.060; 3.10.130; 3.35.050; 3.50.370; 8.15.010; 8.15.060; 9.18. ? 20; 12.40.250;
19.60.060; 19.80.250; 19.80.260; 19.91.120.
City Attorney Richardson stated the proposed ordinance is a housekeeping item to
replace references to City Manager with Mayor in the Federal Way Revised Code.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading
and enactment at the January 18, 2011 City Council meeting. Councilmember
Dovey second. VOTE: Motion carried 7-0.
City Attomey Richardson reviewed the Mayoral Veto process for ordinances. She
stated every ordinance must be presented to the Mayor, who has 10 days to act by
either signing the ordinance or vetoing the ordinance by submitting written objectians.
If the Mayor does not take action the ordinance within 10 days, it becomes valid.
If the Mayor veto's an Ordinance, the Council has the op#ion to vote to incarporate the
Mayor's objections, or override the veto with a majority plus one vote.
The Council discussed the veEo process and deferred the issue to the January 25,
2010 FEDRAC meeting for further discussion.
SECOND READING:
c. CB 560• Zoninq and Development Code Text Amendments Related to Keepinq
Chicken and Ducks
An ordinance of the City of Federa/ Way, Washington, relating to the keeping of chickens and ducks;
amending FRWC 19.260.020 and FWRC 19.260.060 and adding a new section to FWRC Chapter
19.260.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to approve the ordinance.
Councilmember Burbidge second. VOTE: Motion carried 7-0.Ordinance 11-681
d. CB 561: Portable Siqns in Street Side Planter Strips Code Amendment
An ordinance of the City of Federal Way, Washington, relating to portable signs in the right-of-way;
amending FWRC f 9.140.060.
City Counci! Minutes — Januc�ry 4, 2011 Regular Meeting
Page 4 of 6
27
MOTION: Deputy Mayo� Duclos moved to postpone indefinitely the proposed
ordinance regarding portable signs in the right-of-way as she understands a
stakeholder group is being formed to fuliy address the issue. Councilmember
Kochmar second. Vote: Motion carried 7-0.
8. COUNGIL REPORTS
Councilmember FeRel{ had no report.
Councilmember Kochmar reported the next LUTC meeting was January 10, 2011.
She read a thank you letter the Council received from a citizen regarding their interaction
with the Police Department.
Councilmember Freeman reported the theme for this years Martin Luther King event is
"Building Community — Together We Stand." The event will be held on January 17, 2011 at
Decatur High School and begins at 11:30 a.m.
Councilmember povey reported on the upcoming Lodging Tax Advisory Committee retreat
that will be held on January 18, 2011.
Councilmember Burbidge reported the next PRHSPS mee6ng will be January 11, 2011. She
also reported on upcoming performances at the Knutzen Family Theater.
Councilmember Park reported the next FEDRAC meeting will be January 25, 2011.
Deputy Mayor Duclos reported on an up coming South Sound Chamber of Commerce
Legislative Meeting.
9. MAYORS REPORT
Mayor Priest asked the Council for a motion to suspend the Council Rules and hold the
annual Council Retreat on January 22, 2011 rather than the last weekend in January as
stated in the Council Rules.
MOTION: Deputy Mayor Duclos moved to suspend the Council Rules and conduct
the Council Retreat on January 22, 2011. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
Mayor Priest reviewed the 2011 Suburban Cites Association Committee Appointments.
Mayor Priest announced the fo{lowing changes to the City's organizational chart:
• The Chief Administrator Officer position will not be filled.
• The Community Development Director Position will become the Community &
Economic Deve(opment Director and will oversee the Building Official and the
Planning Manager. Patrick Doherty wil{ fill this position.
• The Administrative Services Director will oversee Govemment Affairs, Civic
Center, the Human Services Manager, the Information Technology Manager and
Ciry Counci! Minutes —January 4, 20/! Regular Meeting
Page S of 6
28
the Human Resources Director.
• Jean Staniey will fili the Human Resources Director Position.
• Steve Cain will fill the Executive Assistant to the Mayor position.
• Chris Carrel will fill the Community and Grant Coordinator position.
10. ADJOURNMENT
With no additional business before the Council, Mayor Priest adjoumed the meeting at
8:55 p.m.
ATTEST:
f
Carol McNeilly, CMC Ciry Cl
Approved by Council: January 18, 2011
City Coc�ncil Minutes — January 4, 20! 1 Regular Meeting
Page 6 of 6
29
COUNCIL MEETING DATE: February 15, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUB.TECT: South 320`�' Overlay Reimbursement Contract with Quadrant Corporation
POLICY QUESTION Should the Council authorize the Mayor to execute the S 320`�' Street Overlay
Reimbursement Contract with Quadrant Corporation?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works
: Public Works
Attachments: Memorandum to the Land Use and Transportation Committee dated February 7, 201 l.
Options Considered:
1 Authorize the Mayor to execute the S 320�' Street Overlay Reimbursement Contract with Quadrant
Corporation.
2 Do not authorize execution of the S 320�' Street Overlay Reimbursement Contract with Quadrant
Corporation and provide direction to staff.
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15, 2011 City Council
consent agenda for approval
MAYOR APPROVAL: �_�y� DIRECTOR APPROVAL: _ ��
Committee Council Committee Council
COMMITTEE RECOMMENDATION I move to forward the proposed Agreement to the February 1 S 2011 consent
agenda for approval.
Linda Kochmar, Chair Jim Ferre Member Jack Dovey, Member
PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the S 320 Street Overlay
Reimbursement Contract with Quadrant Corporation. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
MEETING DATE February 7, 2011
❑ Public Hearing
COUNCIL BILL #
1 reading
Enactment reading
ORDINANCE #
RESOLUTION #
30
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 7, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM• Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management� �.
' Marwan Salloum, P. E. Deputy Public Works Director
SUBJECT: South 320�" Overlay Reimbursement Contract with Q ant Corporation
BACKGROUND:
In connection with Quadrant developing of the East Campus Corporation Park Parcel 1 that abuts the S 320�'
Street right of way between I-5 Limited Access to Weyerhaeuser Way South, and as a condition of the
development/right of way permits for the proposed development of the Property, Quadrant was required to
overlay S 320`� Street from I-5 Limited Access to Weyerhaeuser Way South.
Quadrant requested the city to delay the requirement for the S 320`" Street overlay and allow it to be completed as
part of their development of their property on the north side of S 320` Street between 32" Ave South and the
west property line of the South King Fire and Rescue Station #6. The City approved the request and required
Quadrant to submit a Performance/Maintenance Bond (Permit #BSP98-0003Bond #6001751) dated
July 19, 1999 in the amount of $150,000. Quadrant has since sold the Property to King County Fire Protection
District # 39.
Due to the deteriorated pavement condition of S 320�' Street, the City requested that Quadrant proceed with the
implementation of the required work for the overlay of S 320` Street as soon as possible. Quadrant requested to
pay the City for the cost of the overlay and have the project incorporated into the City's 2011 Asphalt Overlay
Project and release Quadrant and the surety of the Overlay Bond from any further obligations.
Staff incorporated the design of S 320`� Street overlay as a schedule into the 2011 Asphalt Overlay Project and
negotiated a lump sum payment in the amount of $320,000 for the design, construction and construction
management of this required work with Quadrant. The Council must authorize the Mayor to enter into the
attached South 320` Overlay Reimbursement Contract with Quadrant Corporation.
cc: Project File
k:\lutc\2011\02-07-i 1 Quadrant S320th st. Overlay reimbursement Agreement.doc
31
CONTRACT
FOR
SOUTH 320 STREET OVERLAY REIMBURSEMENT
THIS CONTRACT (�'Contract'� is dated efFective this day of , 2010
('�Effective Date'� and is made by and between the City of Federal Way, a Washington
municipal corporation ("City'�, and The Quadrant Corporation, a Washington corporation
('�Quadrant'�.
A. Quadrant was developing the East Campus Corporation Park Parcel 1 that abuts the
South 320"' Street right of way between I-5 Limited Access to Weyerhaeuser Way S
("Property'�. Quadrant and any other party that now or hereafter owns the Property or any
portion thereof is sometimes referred to herein as the "Property Owner".
B. In connection with obtaining the permits for development of the Property,
Quadrant became obligated to overlay South 320"' Street from I-5 Limited Access to
Weyerhaeuser Way S along the north margin of South 320 Street fronting the Property along
with associated channelization, signal loops and utility adjustments (collectively, "Overlay
Work'� pursuant to that certain City of Federal Way Agreement and Performance/Maintenance
Bond (Permit #BSP98-0003/Bond #6001751) dated July 19, 1999 ('�Original Overlay
Agreement'�, which obligation was secured by a$150,000 Performance/Maintenance Bond
issued by Safeco Insurance Company of America ('�Overlay Bond'�, a copy of all of which is
attached as Exhibit A .
C. Quadrant desires that the City incorporate the Overlay Work into the City 2011
Asphalt Overlay Project and release the Properry Owner and the surety for the Overlay Bond
from any further obligations with respect to the Overlay Work and the City is willing to do so in
exchange for a lump sum payment in the amount of $320,000 from Quadrant all on the terms
and conditions set forth below.
NOW, THEREFORE, the City and Quadrant �'Parties'� agree to the following terms and
conditions:
1. CITY'S PERFORMANCE OBLIGATION
Subject to receiving the Lump Sum Payment (as defined in Section 2 below), the City
agrees to perForm and complete the Overlay Work within one year after the Effective Date.
2. (,,ZUADRANT'S PAYMENT OBLIGATION
In exchange for the City agreeing to assume responsibility for the Overlay Work and to
release the Property Owner, from any further obligations with respect to the Overlay Work,
Quadrant agrees to pay the City the lump sum amount of $320,000 in immediately available
funds ("Lump Sum Payment'�. On or before February 15, 2011, Quadrant shall deposit the
Lump Sum Payment into an account designated by the City.
3. RELEASE AND DISCHARGE OF ORIGINAL OBLIGATIONS
Subject to and effective upon receipt of the Lump Sum Payment, the City agrees that
the Property Owner and any successors or assigns of the Property Owner are fully released
South 320 Overlaying Reimbursement Contract 3�1-
and discharged from any and ail obligations to perform and/or fund any of the Overlay Work
pursuant to the Original Overlay Agreement. Within 30 days after Quadrant makes the Lump
Sum Payment, the City shall execute such documents and take such other actions as may be
required (a) to formally terminate the Original Overlay Agreement, and (b) to cause the Overlay
Bond to be fully released.
4. GENERAL PROVISIONS
4.1 Entire Contract. This Contract, including the Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Contract and
no prior agreements or understandings pertaining to any such matters shall be effective for any
purpose.
4.2 Modification. No provisions of this Contract, including this provision, may be
amended or added to except by agreement in writing signed by the Parties or their respective
successors in interest.
4.3 Full Force and Effect. Any provision of this Contract, 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.
4.4 Successors In Interest. This Contract shall be binding upon and inure to the
benefit of the Parties' successors in interest, heirs and assigns.
4.5 Attorney Fees. In the event of any litigation, arbitration or other proceeding
arising out of or brought to enforce or interpret this Contract, the substantially prevailing party
therein shall be entitled to an award of its reasonable attorneys' fees incurred therein, in the
preparation therefore, and on any appeal or rehearing thereof. The venue for any dispute
related to this Contract shall be King County, Washington.
4.6 No Waiver. Failure of either Party to declare any breach or default immediately
upon occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default. Failure of either Party to declare one breach or default does not act as a
waiver of that Party's right to declare another breach or default.
4.7 Governing Law. This Contract is made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
4.8 Authori . Each individual executing this Contract on behalf of the City or
Quadrant represents and warrants that such individual is duly authorized to execute and deliver
this Contract on behalf of such Party.
4.9 Notices. Any notices required to be given by the City to Quadrant or by
Quadrant to the City shall be delivered to the Parties at the addresses set forth below. Any
notices may be (i) delivered personally to the addressee of the notice (ii) deposited in the
United States mail, postage prepaid, to the address set forth herein, or (iii) sent by Fedex or
other recognized overnight courier service to the address set forth herein. Any notice so posted
in the United States mail shall be deemed received three (3) days after the date of mailing. Any
notice so sent by overnight courier shall be effective on the business day following receipt by
the courier.
South 320"' Overlaying Reimbursement Contract 332_
4.10 Ca tions. The respective captions of the Sections of this Contract are inserted
for convenience of reference only and shall not be deemed to modify or otherwise affect in any
respect any of the provisions of this Contract.
4.11 Performance Time is of the essence of this Contract and each and all of its
provisions in which performance is a factor.
4.12 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No.
91-54, as amended, occurs as a result of the formation and/or perFormance of this Contract,
this Contract may be rendered null and void, at the City's option.
4.13 Counterparts. This Contract may be executed in any number of identical
counterparts, which counterparts shall collectively constitute the entire Contract.
4.14 Equal Opportunity to Draft. The parties have participated and had an equal
opportunity to participate in the drafting of this Contract, and the Exhibits, if any, attached. No
ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
�
Skip Priest
Mayor
33325 8th Avenue South
Federal Way, WA 98003
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
[signatures continue on next page]
South 320"' Overlaying Reimbursement Contract 343-
THE QUADRANT CORPORATION
By:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
(Signature)
(Printed Name)
(Title)
Quadrant Homes
Attn:
14725 SE 36 Street, Suite 200
Bellevue WA 98006
On this day personaily appeared before me .
to me known to be the of that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute said instrument and that the seal affixed,
if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
Exhibits
P�����
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
A. Original Overlay Agreement and Overlay Bond
G:\QHOME5�3.04347�5 320th Project�.Street Overlay Agreement03 (MTK 121610}Redline.DOc
South 320"' Overlaying Reimbursement Contract 354-
EXHIBIT A
ORIGINAL OVERLAY AGREEMENT AND OVERLAY BOND
[See attached]
South 320�' Overlaying
Reimbursement Contract
K:GSfREEiS�PROJECT'S�Overlay2011\Quadrent\Contract & Agreement45treet Overl�(Agreement03 (MfK 121610)-Redline.Doc
�`
��f� `� - I�(7
Applicant: The Quadrant Corporation
Project: East Campus Corp. Park Parcel 1
Property Address: SW Corner of S. 320"' St. and
Weyerhaeuser Way S., Federal Way, WA 98003
Bond #: 6001751
Permit#: BSP98-0003
ROW#:
Bond Amount: S 150,000.00
Cash Deposit Amount: 53,750.00
CITY OF FEDERAL WAY
AGREEMENT AND
PERFORMANCE/MAINTENANCE BOND
r
�op�
THIS AGREEMENT ("Agreement"1 is dated effective this 19�' day of July, 1999. The parties
("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City")
and The Quadrant Corporation, a Washington corporation ("Applicant").
A. The Applicant is required to perform certain work and/or complete certain improvements,
including road grinding, full width asphalt overlay, channelization, signal loops and utility adjustments for
approximately 1519 linea{ feet of South 320th Street from I-5 to Weyerhaeuser Way in Federal Way,
Washington in connection with Applicant's Land Use Application under ihe above-referenced permit
("Permit");
B. The improvements will be canstructed or the work performed in accordance with drawings and
plans ("Plans") required to be submitted for review and approval prior to issuance of a Right of Way
permit and starting construction;
C. The City has determined that the Applicant must post security with the City pursuant to
�ections 22-146 through 22-159 of the Federal Way City Code l"FWCC") as now existing or hereafter
adopted or amended, to guarantee Applicant's performance of the required construction of improvements
or performance of work within three (3) years from the date of execution of this agreement and as a
condition of granting the Permit. This requirement may be further delayed upon written request and
approval by the City.
NOW, THEREFORE, the Parties agree as follows:
1. Improvements. Applicant shall construct all improvements and perform all maintenance
pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvements
shalt continue for a period of two (2) years after issuance of the certificate of occupancy or final
inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation.
2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction,
within the time period prescribed by the City, and in futl compliance with the Plans, including any
approved amendments thereto, and in conformance with all applicable laws, rules or regulations.
3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performance/
Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this
reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or
maintenance of the improvements pursuant to the Ptans.
37
4. Release of Bond. If the Principal constructs the improvements in accordance with the terms
o# the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent
(70°kl after final inspection and approval of the improvements by the City and the City will deliver to
Principai the futly executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth
in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal
to thirty percent (30%) of the original penat sum shall remain in fult force and effect for two (2) years
after final inspection and approvaf, as a maintenance bond to guarantee against defective materials and
workmanship in the construction of the improvements and to insure continued maintenance of the
improvements. Two (2) years after final inspection and approval of the improvements and performance
of the maintenance, the City will release the remaining portion of the Bond by executing and delivering
to Principal the Full Release of Bond attached hereto as Exhibit "C".
5. Right to Complete Work. In the event the Applicant fails to perform the Work, the City
may, but in no event is it obligated to, request the disbursement of the Bond from the suretjr and perform
any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of
the City's costs and expenses in performing such Work in excess of the amount of the Bond.
6. N i e. The Public Works Department of the City shall be given forty-eight (48) hours
notice prior to the commencement of the Work.
7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials,
officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions
and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Agreement
and the Bond, including without timitation, the City's performance of the Work pursuant to Section 5
herein.
8. Administrative Cash Denosit. In addition to the amount of the Bond, Applicant agrees to
pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the execution of this
Agreement equal to the following percentages of the amount of the Bond:
Amount of Bond
Up to 520,000
520,001 - 550,000
S 50,001 - S 100,000
S 100,001 and up
Amount of Cash Deposit
5% of Bond (minimum S 100)
4°� of Bond
3°k of Bond
2-1 /2°�6 of Bond
The cash deposit may be used by the City to cover its actual expenses in administering this
Agreement and, if necessary, collecting and using the proceeds from the Bond.
9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed
exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at
law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the
Bond.
i - .. . . . -. - . . - .
. .. . . � . .. : .: . . . . ... -
�-� ..�z• � � ►.,.....,. � �.�_�• �.-�.� �. �_�. � �. �. �. �. �._.., ., � �s• �. � ��R•��
38 -2-
71. General Provisions. This Agreement may not be amended except by written agreement
signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the
remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default
shall not waive such breach or default. This Agreement may not be assigned by any Party without the
written consent of the other Party. This Agreement shall be binding upon and insure to the benefit of the
Parties' successors in interest. Time is of the essence.
The
BY=
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
P.O. Box 130
Bellevue, WA 98009
425-455-2900
On this day personally appeared before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, Sand� D. McDade , to me known to be the Secreta T of _
Quadrant , the corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and dee� of said corporation, for the uses and purposes therein
mentionerl, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any,
is the corporate seal of said corporation.
GIVEN my hand and official seai this day of , 19
otary signature)
KATEII.EIlV T DRAHOS
(typed/printed name of notary)
Notary Public in and for the State of
Washington.
My commission expires: , ��J
CITY OF FEDERAL WAY
By:
Kenneth E. Nyberg, City Manager
33530 1 st Way South
Federal Way, WA 98003
39 -3-
SANDY D. McDADE, SECRETARY
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
i,' � ` ��
Cary M. Roe, Public Works Director
K:IFORMS�PERFMAIN.AGT
Rev. 01-28-97
4 0 -4-
EXHIBIT A Project: East Campus Corp. Park Parcel 1
Permit #: BSP98-0003
CITY OF FEDERAL WAY
PERFORMANCE/MAINTENANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned, The Quadrant Corporation, as principal t"Principat"), and Safeco
Insurance Company of America, the undersigned corporation organized and existing under the
laws of the State of Washington, and legally doing business in the State of Washington as a
surety ("Surety"), are held and firmty bound unto the City of Federal Way, a Washington
municipal corporation ( City ) in the penal sum of One Hundred Fifty Thousand and no/100
.. „
Dollars (5150,000.00) for the payment of which they firmly bind themselves and their legal
representatives, successors and assigns, jointly and severally.
This obligation is entered into in pursuant to the statutes of the State of Washington and the
ordinances, regulations, standards and policies of the City, as now existing or hereafter
amended or adopted.
The Principal has entered into an Agreement with the City of even date to construct roadway
improvements incfuding road grinding, full width asphalt overlay, signal loops, utility
adjustments, and channelization for approximately 1519 lineal feet of South 320th Street from
1-5 to Weyerhaeuser Way.
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the
manner and within the time period prescribed by the City, or within such extensions of time
as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors
and material men or women, and afl persons who shall supply the Principal or subcontractors
with provisions and supplies for the carrying on of said work, and shall hold the City, their
officials, agents, employees and volunteers harmless from any loss or damage occasioned to
any person or property by reason of any carelessness or negligence on the part of the
Principal, or any subcontractor in the performance of said work, and shall indemnify and hold
the City harmless from any damage or expense by reason of failure of performance as
specified in the Agreement, or from defects appearing or developing in the material or
workmanship provided or performed under the Agreement within a period of two l2) years
after its final acceptance thereof by the City, then and in the event this obligation shall be
void; but otherwise, it shall be and remain in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Agreement or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect
its obligation on this bond, and it does hereby waive notice of any change, extension of time,
alterations or additions to the terms of the Agreement or to the Work.
The Surety hereby agrees that modifications and changes may be made in the terms and
provisions of the Agreement without notice to Surety, and any such modifications or changes
increasing the total amount to be paid the Principal shall automatically increase the obligation
of the Surety on this Performance Bond in a like amount, such increase, however, not to
41
exceed twenty-five percent t25°�6) of the original amount of this bond without the consent of
the Surety.
Within forty-five (45) days of receiving notice that the Principal has defauited on all or part of
the terms of the Agreement, the Surety shall make a written commitment to the City that it
wil! either: (a) cure the default itself within a reasonable time period, or (b) tender to the City,
the amount necessary for the City to remedy the default, including legal fees incurred by the
City, or ° in the event that Surety's eva{uation of the dispute is not complete or in the event
the Surety disputes the City's claim of default, the Surety shall notify the City of its finding
and its intent, if any, to interpfead. The Surety shall then fulfill its obligations under this bond,
according to the option it has etected. Should Surety elect option (a) to cure the default, the
penal sum of the Bond shatl be reduced in an amount equal to the costs actually incurred by
the Surety in curing the default. If the Surety elects option (b), then upon completion of the
necessary work, the City shatl notify the Surety of its actual costs. The City shall return,
without interest, any overpayment made by the Surety and the Surety shall pay to the City
any actual costs which exceed the City estimate, limited to the bond amount. Should the
Surety efect option (c}, the Parties shall first complete participation in mediation, described in
the below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's
declaration of default by the Principal, the Parties agree to participate in at teast four hours
of inediation in accordance with the mediation procedures of United States Arbitration and
Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation.
The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square,
601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to
completion of the mediation.
DATED this 23rd day of August , 1999 .
CORPORATE SEAL OF PRINCIPAL: The Q(uadqant �orporati
By: �
Name f Per o xecuting Bond
Its: SANDY D. McDADE, SECRETARY
tTitle)
P.O. Box 130
Bellevue, WA 98009
425-455-2900
-2-
42
CORPORATE SEAL OF SURETY: Safeco Insurance Company of America
Surety _
g,,: _�'� �r�
Attorney-i act
(Attach Power of Attorney)
ALLISON J. NORR
Name of Person Executing Bond
PO Box 2999, MS CH-2L32
Tacoma, WA 98477-2999
Address
(253) 924-5209
Phone
BOND NUMBER: 6001751
CERTIFICATE AS TO CORPORATE SEAL
f hereby certify that I am the (Assistant) Secretary of the Corporation named as Principai
in the within bond; that SANDY D. McDADE , who signed the said bond on behalf of the
Principat, was SECRETARY af the said Corporation; that I know his or her
signature thereto is genuine, and that said bond was duly signed, sea{ed, and attested for and
in behalf of said Corporation by authority of its governing body.
.
('� . ���.�.�.-�
Assistant Secretary
VICKI A. MERRICK
APPROVED AS TO FORM:
Cary M. Roe, Public Works Director
L:IPRMSYS\DOCUMENl16SP98 00.03\ROWBOND.DOC
43-3-
EXHIBIT B
PARTIAL RELEASE OF BOND #
The undersigned hereby acknowledges that a portion of the conditions of the Agreement
and Performance/Maintenance Bond for East Campus Corp. Park Parcei 1, BSP98-0003, have
been satisfied and hereby authorizes the release of an amount equal to One Hundred Five
Thousand Dollars fS105,000.00). The remaining funds equaling thirty (30°r6) of the cost of
the work or improvements shall be retained by the City for a period of two (2) years as
security for Assignor's performance of all maintenance for the above described project and
as a guarantee against defective materials or workmanship in the construction and
maintenance of such improvements.
DATED this day of , 199_
CITY Of FEDERAL WAY
By:
(Name, Title)
44
EXHIBIT C
FULL RELEASE OF BOND #
The undersigned hereby acknowledges that the two (2} year maintenance period has
expired, that the work or improvements covered by the Agreement and Performance/
Maintenance Bond for East Campus Corp. Park Parcel 1, BSP98-0003, have been completed
to th� City's satisfaction and that the City is not aware of any defect in workmanship or
materials, Accordingly, the undersigned hereby releases the sum of Forty-five Thousand
Dollars ($45,000.00}.
DATED this day of , 19
CITY OF FEDERAL WAY
By:
(Name, Title?
45
I�� S A F E C O POWER SAFECO INSURANCE COMPANY OF AMERtCA
OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
� HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
KNOW ALL BY THESE PRESENTS:
No. 9670
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hen
appoint
** "*"""'****'*'******•*�GARYA. BAXTER;MARK E. TAYLOR; JOHN W. LAMBDIN;ALLISONI. NORR; Tacoma, Washington'x#•#'�;
its true and lawful attorney(s)-in-fact, with fuil authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charac
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERtCA have each executed a
attested these presents
this 16th
day of April , 1999
`��--� � , �Z�y'��+G�i�c
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extrad from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Artic►e V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for th
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-faci or under other appropriate titles with authority
execute on behalf of the company fidelity and surety bonds and other documents of simitar character issued by the wmpany in the course of its business... On ai
instrument making or evidencing such appointment, the signatures may be affaed by facsimile. On any instrument conferring such authority or on any bond �
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affaed or in any other manner reproduced; provided, however, that the seal shall n
be necessary to the validity of any such instrument or undertaking."
Extractfrom a Resotution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GEPIERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On arry certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant therefo, and
(ii) Certifying that said power-of-attomey appointment is in fult force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERtCA, do hereby certify that th�
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true arn
correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affuced the facsimile sea! of said corporation
tn�s
/�
� SEAL �
dr 1953 �� �
�Of a�ts���'/
, (��ATf ��
SEAL ��
, x
23rd
46
day of Au�us t . i999
/� / s'� ,
R.A. PIERSON, SECRETARY
5-0974lSAEF 7198
� Registered trademark of SAFECO Corporation.
COUNCIL MEETING DATE: February 15, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
Sus.�cT: Enterprise NTS — 18�' Ave SW & 20 Ave SW (SW 356�' ST to Pierce County Line)
POLICY QUESTION Should the Council approve the installation of two speed humps on 18�' Avenue SW
and three speed humps on 20�' Avenue SW between SW 356 ST and the Pierce County Line?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
STAFF REPORT BY: Jesse Hannahs, P.E., Senior Traffic
MEETING DATE February 7 , 2011
❑ Public Hearing
,
,�] Other
�' EPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated February 7, 2011.
Options Considered:
1. Authorize the installation of two speed humps on 18�` Ave SW and three speed humps on
20�'Ave SW between SW 356�' ST and the Pierce County Line.
2. Authorize the installation of a number of speed humps and/or raised crosswalk in a given year and at
given locations and provide this direction to staff.
3. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff.
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15, 2011 City
Council Consent Agenda for approval.
MAYOR APPROVAL: � DIRECTOR APPROVAL: �
ommittee Council Committee Council
COMMITTEE RECOMMENDATION I move to forward Option 1 to the February 1 S , 2011 consent agenda for
approval.
Linda Kochxnar, C hair Ji m F Member Jack Dovey, Member
PROPOSED COUNCIL MOTION "I move approval of the installation of hvo speed humps on 18` Ave SW and
three speed humps on 20`" Ave SW between SW 356`" ST and the Pierce County Line. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED I reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
47
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 7, 2011
Land Use and Transportation Committee
Skip Priest, Mayor
Cary M. Roe, P.E., Director of Parks, Public Works and Emer enc�Management
Jesse Hannahs, P. E., Senior Traffic Engineer �
Enterprise NTS — I S`" Ave SW & 20`" Ave SW (SW 356�� ST t the Pierce Counry Line)
BACKGROUND:
Residents in the vicinity of 18�' Ave SW and 20'�' Ave SW between SW 356`� ST and the Pierce County line
submitted separate petitions for each street requesting the installation of traffic calming devices to control
vehicle speeds in an effort to improve vehicular and pedestrian safety. A traffic study was conducted for each
street and the results are as follows:
18 Ave S(SW 356 ST to 20`� Ave SV�
• Roadway Classification : Local Residential
• Average Daidy Traffic (ADT): 1039
• 85`" percentile speed: 30. 0 mph
• S-Year Collision History: 0 Collisions
Based on the current adopted NTS installation criteria (per table below), 18�' Ave SW scored 4.5 total severity
points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices.
TahlP� i,nral RPCirlPntial Ctreet
Point 85` Percentile Average Daily Location 5-Year Collision Histo
Scale S eed Traffic ADT SchooUPark Total In'u Fatal
0.0 0-25 0-500 No 1 - -
0.5 26 - 27 501 — 600 Yes 2 - -
1 A 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 —1000 - 6 - -
3.0 36+ 1,001+ - 7+ 3+ 2+
20 Ave S(SW 356 ST to Pierce County Line)
• Roadway Classification : Minor Collector
• Average Daily Traffc (ADT): 1335
• 85`" percentile speed: 33.3 mph
• S-Year Codlision History: 2 Collisions with 1 injury
Based on the current adopted NTS installation criteria (per table below), 20 AVE SW scored 3.5 total severity
points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices.
48
Tahle: Minor Collector
Point 85` Percentile Average Daily Location 5-Year Collision Histo
Scale S eed Traffic ADT) SchooUPark Total In'u Fatal
0.0 0- 25 0- 1,000 No 1 - -
0.5 26 - 27 1 001-1800 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+
Based upon the vicinity and evaluation that each NTS petition request was likely to affect the subsequent
parallel street, it was determined by staff that the subject streets should be combined into one project. A
neighborhood traffic safety meeting was held on October 4`�', 2010 at Sherwood Forest Elementary School
to discuss potential traffic calming devices that could be implemented on both 18`�' Ave SW and
20` SW.
To be effective in reducing speeds along 18`" Ave S W and 20 Ave S W and to improve vehicular and
pedestrian safety, the group consensus was to have the City install two speed humps on 18` Ave SW
between SW 356'�' ST and 20` Ave SW and three speed humps on 20�' Ave between SW 356`" ST and the
Pierce County Line near the following addresses:
a. 35708 20` Ave SW
b. 35810 20`�' Ave SW
c. 36012 20�' Ave SW
d. 35709 18`�' Ave SW
e. 35901 18�' Ave SW
In accordance with established NTS policies, staff sent ballots to City of Federal Way and City of Tacoma
properiy 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 City of City of Total
Calming Federal Way Tacoma
Device
Results % Results % Results %
Ballots Sent 132 69 201
Ballots
Returned 37 32% 12 19% 49 27%
Undeliverable 15 6 21
Yes Votes 31 84% 7 58% 38 78%
No Votes 4 11% 4 33% 8 16%
Returned w/o
Res onse 2 5% 1 8% 3 6%
49
K:\TRAFFIC\NTS�2010 NTS�Enterprise - 18 AV SW & 20 AV SW�L,UTGCouncil�2-7-11 Enterprise NTS - 18 AV SW & 20 AV SW (SW 356
ST to PCL).doc
One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the
ballot results represented in the above table, the balloting exceeds this majority.
The estimated cost of this project is approximately $17,500, which falls above the $15,000 per
neighborhood per year budget limitation policy; however delaying installation of a portion of the
proposed project has the potential to further exacerbate the problem at the delayed location. The current
allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and/or
school safety related improvements. Staff thus recommends approving the installation of the subject
project to install two speed humps on 18`�' Ave between SW 356�' ST and 20`�' Ave and three speed humps
on 20"' Ave between SW 356`" ST and the Pierce County Line.
cc: Project File
Day File
50
K:\TRAFFIC\NTS\2010 NTS\Enterprise - 18 AV SW & 20 AV SW�LUTGCounciA2-7-11 Enterprise NTS - 18 AV SW & 20 AV SW (SW 356
ST to PCL).doc
COUNCIL MEETING DATE: February 15, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
Sus.�cT: Nautilus NTS — S 308�' ST (1 St Ave S to 4�' PL S)
POLICY QUESTION Should the Council approve the installation of four speed humps on S 308�' ST between lst
Ave S and 4�' PL S?
COMMITTEE Land Use and Transportation Committee MEETING DATE February 7 2011
CATEGORY:
� Consent
❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jesse Hannahs P.E., Senior Traffic Engineerl � PT: Public Works
_. ........................_._.._......_..._..............._..._....................................................................................._._...._�..._......................................................................__. _......._......__...................._............._._..._...._._........__._..._.............................---...._..._._.._
Attachments: Land Use and Transportation Committee memorandum dated February 7, 2011.
Options Considered:
1. Authorize the installation of four speed humps on S 308�' ST between 1 St Ave S and 4 PL S.
2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff.
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the February 15 2011 City
Council Consent Agenda for approval.
MAYOR APPROVAL: ''����� ' DIRECTOR APPROVAL:
mmittee Council Co� Council
COMMITTEE RECOMMENDATION I move to forward Option 1 to the February 1 S, 2011 consent agenda for
approval.
Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member
PROPOSED COUNCIL MOTION "I move approval of the installation of four speed humps on S 308 ST
between 1 S ` Ave S and 4 PL S. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — O8/12/2010 RESOLUTION #
51
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 7, 2011
Land Use and Transportation Committee
Skip Priest, Mayor ��
Cary M. Roe, P.E., Director of Parks, Public Wor�CS a.�d Emergency Management
Jesse Hannahs, P. E., Senior Traffic Engineer J\,��
Nautilus NTS — S 308`" ST (I Ave S to 4` PL S)
BACKGROUND:
Residents in the vicinity of S 308�' ST between l Ave S and 4�' PL S submitted a petition requesting the
installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian
safety along S 308`� ST. A traffic study was conducted and the results are as follows:
• Roadway Classification : Minor Collector
• Average Daily Tra�c (ADT): 861
• 85` percentile speed: 34. 0 mph
• S-Year Collision History: 2 Coldisions with 1 injury
Based on the current ado�ted NTS installation criteria (per table below), S 308�' ST scored 4.0 total severity
points. This exceeds the minimum 3.0 severity point to qualify for the installation of traffic calming devices.
Tahle: Minor Collector
Point 85 Percentile Average Daily Location 5-Year Collision Histo
Scale S eed Traffic ADT SchooUPark Total In'u Fatal
0.0 0-25 0-1000 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+
A neighborhood traffic safety meeting was held on October 27, 2010 in City Council Chambers to discuss
potential traffic calming devices that could be implemented on S 308�' ST.
To be effective in reducing speeds along S 308�' 5T and to improve vehicular and pedestrian safety, the
group consensus was to have the City install four speed humps on S 308`� ST between ls Ave S and
4`� PL S. Based upon drainage concerns and concerns of vehicles scraping the roadway, speed humps
cannot feasibly be placed on roadways with slopes greater than 8%. As many sections of S 308` ST
within the subject neighborhood have horizontal alignments which are rolling, very few locations with
slopes less than the 8% grade are present and placement of speed humps required more evaluation than
that of typical NTS projects. The consensus of the neighborhood was for staff to determine the four
52
Wildwood NTS
2/1/2011
Page 2
locations for installation. The conclusion of the staff evaluation, based upon the roadway slope issues and
driveway locations, was to locate speed humps near the following addresses:
a. 130 S 308�' ST
b. 213 S 308�' ST
c. 334 S 308`" ST
d. 412 S 308`� 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:
One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the
ballot results represented in the above table, the balloting exceeds this majority.
The estimated cost of this project is approximately $14,000, which falls within the $15,000 per
neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000
with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff
recommends approving the installation of four speed humps on S 308`�' ST between 1 S ` Ave S and 4�' PL S.
cc: Project File
Day File
K:\TRAFFIC\NTS�2010 NTS\Nautilus - S 308 ST (1 AV S to 5 PL S)�.�TGCouncil\2-7-11 Nautilus NTS - S 308 ST (1 AV S to 4 PL S).doc