12-06-2021 LUTC Agenda Packet
City of Federal Way
City Council
Land Use & Transportation Committee
December 6, 2021 City Hall
5:00 p.m. Zoom Meeting
Committee Members City Staff Martin Moore, Member EJ Walsh, P.E., Public Works Director
Hoang V. Tran, Member Sara Gilchrist Administrative Assistant II
(253) 835-2700
Notice: Pursuant to Governor Inslee’s Proclamation 20-28 the Mayor and Council encourage you use one of
the following ways to participate in the meeting remotely if you are unable to attend in person:
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT
3. COMMITTEE BUSINESS
Topic Title/Description Presenter(s) Page Action
or Info Council Date
A. Approval of Minutes November 1, 2021 3 N/A
B. RESOLUTION: Ratification of the 2021 WRIA 9
Salmon Habitat Plan
Ancelet 6 Action 1/4/22
Consent
C. 2020 Asphalt Overlay Project – Final
Acceptance
Cole 13 Action 1/4/22
Consent
D. Lakota Middle School Safe Routes to School -
SW Dash Point Road – Letter of understanding
with Verizon
Mulkey 15 Action 1/4/22
Consent
E. Adaptive Traffic Control-City Center-Phase 2-
85% Design Status Report and Authorization
to Bid
Chandra 24 Action 1/4/22
Consent
F. Acceptance of Housing Action Plan
Implementation Grant
Skadsen 27 Action 1/4/22
Consent
G. Progress Update on Sound Transit Projects in
Federal Way
Medlen 29 Info Only N/A
H. ORDINANCE: Modifying the City’s Nuisance
Code
Van Alstyne 31 Action 1/4/22
First Reading
I. ORDINANCE: Proposed Code (12.35 FWRC) for
Licensing Permanent Supportive Housing and
Transitional Housing, and Emergency Housing
and Shelter
Davis 39 Action 1/4/22
First Reading
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City of Federal Way
City Council
Land Use & Transportation Committee
December 6, 2021 City Hall
5:00 p.m. Zoom Meeting
Committee Members City Staff Martin Moore, Member EJ Walsh, P.E., Public Works Director
Hoang V. Tran, Member Sara Gilchrist Administrative Assistant II
(253) 835-2700
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be February 7, 2021 at 5:00 p.m.
6. ADJOURNMENT
Committee Members City Staff Greg Baruso, Chair EJ Walsh, P.E., Public Works Director
Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II
(253) 835-2706
City of Federal Way
City Council
Land Use & Transportation Committee
November 1, 2021 City Hall
5:00 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Greg Baruso, and Committee Member Hoang
Tran (remote).
Other Councilmembers in Attendance: City Council President Susan Honda, Council Member Lydia
Assefa-Dawson.
Staff in Attendance: Public Works Director EJ Walsh, Public Works Deputy Director Desiree Winkler,
Assistant City Attorney Kent van Alstyne, Development Services Manager Cole Elliott, Capital Engineer
Jeff Huynh, Planning Manager Keith Niven, Sound Transit Liaison Ryan Medlen, Policy Advisor Bill Vadino,
Community Development Director Brian Davis, and Administrative Assistant II Sara Gilchrist.
Citizens Presenting:
1. CALL TO ORDER: 5:00 PM
2. PUBLIC COMMENT: None.
3. COMMITTEE BUSINESS: None.
Topic
Title/Description
A. Approval of Minutes: October 4, 2021
Committee approved the October 4, 2021 LUTC minutes as presented.
● Moved: Tran
● Seconded: Baruso
● Passed: 2-0 unanimously
B. 2021 Transportation Improvement Board (TIB)
Senior Traffic Engineer Jason Kennedy presented a request for authorization to submit an application
for grant funding for the 2021 Transportation Improvement Board Complete Streets grant funding
application for Americans with Disabilities Act improvements. Questions and discussion followed.
Committee forwarded Option #1 (Authorize staff to submit grant.) to the November 16, 2021
Consent Agenda for approval.
● Moved: Tran
● Seconded: Baruso
● Passed: 2-0 unanimously
Committee Members City Staff Greg Baruso, Chair EJ Walsh, P.E., Public Works Director
Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II
(253) 835-2706
C. S 348th St NHS Preservation Project – Preliminary Design Phase Report
Capital Engineer Jeff Huynh presented information on the NHS Preservation Project Design Phase
Report. Questions and discussion followed.
Committee forwarded Option #1 (Authorize Staff to proceed.) to the November 16, 2021
Consent Agenda for approval.
● Moved: Tran
● Seconded: Baruso
● Passed: 2-0 unanimously
D. Military Rd S Preservation Project – Preliminary Design Phase Report
Capital Engineer Jeff Huynh presented information about the Military Rd S Preservation Project Design
Phase. Questions and discussion followed.
Committee forwarded Option #1 (Authorize staff to proceed.) to the November 16, 2021
Consent Agenda for approval.
● Moved: Tran
● Seconded: Baruso
● Passed: 2-0 unanimously
E. Greenway Pavement Markings Phase 2 (2021) Project – Final Acceptance
Capital Engineer Jeff Huynh presented information about the Greenway Pavement Markings Phase 2
project, including the project budget and financial impacts. Questions and discussion followed.
Committee forwarded Option #1 (Authorize final acceptance.) to the November 16, 2021
Consent Agenda for approval.
● Moved: Tran
● Seconded: Baruso
● Passed: 2-0 unanimously
F. ORDINANCE: T-Mobile Wireless – Franchise Agreement
Development Services Manager Cole Elliott presented a T-Mobile Franchise Agreement Amendment,
including background information on the original agreement. No questions followed.
Committee forwarded Option #1 (Adopt the proposed ordinance.) to the November 16, 2021
Consent Agenda for First Reading.
● Moved: Tran
● Seconded: Baruso
● Passed: 2-0 unanimously
G. RESOLUTION: Adopting a Work Plan and Public Participation Plan for Updating the
Comprehensive Plan and Development Regulations, Pursuant to RCW 36.70A.130.
Planning Manager Keith Niven presented the Proposed Public Participation Plan and Master Schedule for
the Comprehensive Plan Update, including proposed methods. Questions and discussion followed.
Committee forwarded Option #1 (Approve the proposed resolution.) to the November 16,
2021 Consent Agenda for approval.
● Moved: Tran
● Seconded: Baruso
● Passed: 2-0 unanimously
Committee Members City Staff Greg Baruso, Chair EJ Walsh, P.E., Public Works Director
Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II
(253) 835-2706
H. Progress Update on Sound Transit Projects in Federal Way
Sound Transit Liaison Ryan Medlen reported on current activities regarding Sound Transit projects,
including construction of the light rail line and station at the Federal Way Transit Center. Questions and
discussion followed.
I. Updates on Aviation Noise and Health Issues
Policy Advisor Bill Vadino reported on current activities regarding the Aviation Noise and Health Issues,
including information on the Seatac Airport Master Plan. Questions and discussion followed.
4. OTHER: None.
5. FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be held December 6, 2021 at 5:00 p.m. in City Hall Council Chambers (or
Zoom meeting, per State Guidance).
6. ADJOURNMENT: The meeting was adjourned at 6:42 p.m.
Attest: Approved by Committee:
Sara Gilchrist, Administrative Assistant II Date
Resolution No. 21-_____ Page 1 of 5
Rev 1/21
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, ratifying
the 2021 Update to the Green/Duwamish and Central Puget Sound
Watershed or Water Resource Inventory Area (WRIA) 9 Salmon
Habitat Plan, making our watershed fit for a King.
______________________________________________________________________________
WHEREAS, the 2021 Update to the WRIA 9 Salmon Habitat Plan (“WRIA 9 Plan”) is an
addendum to the 2005 WRIA 9 Salmon Habitat Plan, and includes new science, revised habitat
goals and recovery strategies, an updated capital project list, and a monitoring and adaptive
management plan; and
WHEREAS, 17 local governments in WRIA 9 (“Parties”) have partnered through an inter-
local agreement (“ILA”) (2001-2006, 2007-2015, 2016-2025) to jointly fund development and
implementation of the WRIA 9 Plan to address shared interest in and responsibility for long-term
watershed planning and salmon recovery in the Green/Duwamish and Central Puget Sound
Watershed (“Watershed”); and
WHEREAS, in March 1999, the National Oceanic and Atmospheric Administration
(“NOAA”) Fisheries listed the Puget Sound Chinook salmon evolutionary significant unit,
including the Green River Chinook salmon population, as a threatened species under the
Endangered Species Act (“ESA”); and
WHEREAS, local jurisdictions have authority over some habitat-based aspects of Chinook
survival through land use and other policies and programs; and the state and tribes, who are the
legal co-managers of the fishery resource, are responsible for addressing harvest and hatchery
management; and
Resolution No. 21-_____ Page 2 of 5
Rev 1/21
WHEREAS, the WRIA 9 partners recognize participating in the ILA and implementing
priorities in the WRIA 9 Plan demonstrates their commitment to proactively working to address
the ESA listing of Chinook salmon; and
WHEREAS, coordination and cooperation among federal, state, and local agencies, tribes,
businesses, non-governmental organizations, landowners, community members, and other
interests are essential to implement and adaptively manage a salmon recovery plan; and
WHEREAS, the Puget Sound Partnership serves as the Puget Sound regional organization
and lead agency for planning and implementing the Puget Sound Salmon Recovery Plan, approved
by NOAA Fisheries; and
WHEREAS, the WRIA 9 Plan is one of fifteen watershed-based chapters of the Puget
Sound Salmon Recovery Plan; and
WHEREAS, the City supports cooperation at the WRIA level to set common priorities for
actions among partners, efficient use of resources and investments, and distribution of
responsibility for actions and expenditures; and
WHEREAS, habitat protection and restoration actions to increase Chinook salmon
productivity trends are necessary throughout the watershed, in conjunction with other recovery
efforts, to avoid extinction in the near term and restore WRIA 9 Chinook salmon to viability in the
long term; and
WHEREAS, salmon recovery is interrelated with flood risk reduction, water quality
improvement, open-space protection, recreation, economic development, and tribal treaty rights;
and
Resolution No. 21-_____ Page 3 of 5
Rev 1/21
WHEREAS, the City has a strong interest to achieve multiple benefit outcomes for people
and fish across the watershed; and
WHEREAS, the WRIA 9 Plan recognizes that salmon recovery is a long-term effort, and
focuses on a 10-year implementation time horizon to allow for evaluation of progress and
adaptation of goals and implementation strategies; and
WHEREAS, it is important to provide jurisdictions, the private sector and the public with
certainty and predictability regarding the course of salmon recovery actions in WRIA 9; and
WHEREAS, if insufficient action is taken at the local and regional level, it is unlikely
Chinook salmon populations in WRIA 9 will improve and it is possible the federal government
could list Puget Sound Chinook salmon as an endangered species, thereby decreasing local
flexibility; and
WHEREAS, the Parties previously took formal action to ratify the 2005 Salmon Habitat
Plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. The City hereby ratifies the Green/Duwamish and Central Puget Sound
Watershed, Water Resource Inventory Area 9 Salmon Habitat Plan Update, Making Our
Watershed Fit for a King, dated February 2021. Ratification is intended to convey the City’s
support for the following:
1. Protecting and restoring habitat based on best available science with the intent to achieve
sustainable, resilient, and harvestable populations of naturally spawning Chinook salmon.
Resolution No. 21-_____ Page 4 of 5
Rev 1/21
2. Pursuing a multi-benefit approach to WRIA 9 Plan implementation that integrates salmon
recovery, flood hazard reduction, water quality improvements, open space and recreation, and
equity and social justice to improve outcomes for people and fish.
3. Utilizing the WRIA 9 Plan as a source of best available science to inform local government
actions, including, but not limited to land use, shoreline, and transportation planning/permitting.
4. Utilizing capital project concepts, programmatic actions, and policies outlined within the WRIA
9 Plan to inform local priorities for implementation and funding via grants, capital improvements,
ordinances, and other activities. Ratification does not obligate any partner to implement any
specific actions or adhere to specific timelines for such actions.
5. Working collaboratively with local, state, and federal partners and tribes to support and fund
implementation of the WRIA 9 Plan, including monitoring and adaptive management to address
scientific uncertainty, tracking and communicating progress, and refining strategies to ensure cost-
effective investments.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Resolution No. 21-_____ Page 5 of 5
Rev 1/21
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20__.
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Lakota Middle School Safe Routes to School Project Page 1 2021
LETTER OF UNDERSTANDING
BETWEEN THE CITY OF FEDERAL WAY
AND
MCIMETRO ACCESS TRANSMISSION SERVICES LLC DBA VERIZON ACCESS TRANSMISSION
SERVICES
FOR
LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT
(SW DASH POINT ROAD (21ST AVE SW TO SW 312TH ST))
THIS LETTER OF UNDERSTANDING (this “LOU”) is made and entered into this ____ day of
______________, 2021, by and between the City of Federal Way (hereinafter “City”) and MCImetro Access
Transmission Services LLC DBA Verizon Access Transmission Services. (hereinafter “Verizon”), collectively
referred to herein as the “Parties.”
WHEREAS, the City proposes to proceed with the Lakota Middle School Safe Routes to School Project
(SW Dash Point Road (21st Ave SW to SW 312th St)) (hereinafter “Project”); and
WHEREAS, Verizon provides fiber optic cable service in the general area of the Project in accordance
with Franchise Agreement, Ordinance Number 18-845, respectively and applicable Washington State, City of
Federal Way laws and regulations; and
WHEREAS, in connection with the roadway improvements being undertaken by the City, Verizon will be
required to relocate certain underground facilities such as cables and vaults into a relocated underground duct
and vault system within the Project area; and
WHEREAS, In accordance with the Federal Way – MCImetro Access Transmission Services LLC DBA
Verizon Access Transmission Services Franchise Agreement, Ordinance No. Number 18-845, if the City
charges Verizon for use of a provided trench, Verizon shall participate in the joint trench portion of the project
(the “Joint Utility Trench Work”) and pay the City a portion of the trench costs, including but not limited to, trench
bedding, backfill, restoration and traffic control commensurate with Verizon’s proportionate share of trench
usage.
Lakota Middle School Safe Routes to School Project Page 2 2021
NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows:
I. PRECONSTRUCTION ESTIMATE.
Exhibit A is a good faith project cost estimate for Verizon’s share of Joint Utility Trench Work and
for installation of conduit and vaults furnished by Verizon. Costs are based on an engineer’s estimate provided
by the City. Exhibit B is a good faith total project cost based on an estimate of Verizon’s share of project
administrative costs.
II. BIDDING AND CONSTRUCTION.
A. It is the intention of the City and Verizon that Verizon plans and specifications shall be
incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent
possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by
potential contractors within the bidding process, the City agrees to maintain Verizon duct and vault line items as
a separate schedule.
B. Following opening of construction bids on the Project, new Exhibits with actual accepted
bid prices will be added by mutual agreement of the parties based on the bid responses submitted for Verizon
Joint Utility Trench Work. The new Exhibits will be provided to Verizon for its review. Within twenty days of
receiving the bid prices, Verizon shall notify the City in writing that Verizon approves their portion of the bid
award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project
subject to applicable laws and regulations.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction observation, and clerical
services necessary for the execution of the Project. In providing such services, the City Director of Public
Works and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or
her. Verizon grants to the City Director of Public Works and/or his or her designee authority to act on behalf of
Verizon sufficient to carry out the provisions of this Letter of Understanding.
B. Verizon shall notify the City, in writing, of any changes it wishes to make in the plans and
specifications which affect Verizon Joint Utility Trench Work, which changes shall be made, if feasible. The City
shall notify Verizon, in writing, of any changes required of the Joint Utility Trench Work and shall obtain
Verizon’s approval of such changes. Verizon's approval shall not be unreasonably withheld. Verizon shall be
responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or
requested by Verizon.
IV. PAYMENT.
A. Verizon shall reimburse the City for all costs incurred by the City in performing the Joint
Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by
the Project contractor(s), all Verizon requested changes, and Verizon’s cost share of the City services
described in Paragraph III (A) herein.
Lakota Middle School Safe Routes to School Project Page 3 2021
B. All payments shall be due from Verizon to the City within forty-five (45) days after receipt
by Verizon of said sums billed to Verizon. Amounts unpaid after said due date shall accrue interest at a rate of
one (1) percent per month.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold Verizon, its officers, employees, and agents
harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees)
to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or
representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent
acts, errors or omissions of the City, its agents or employees, or by the City’s breach of this LOU.
B. Verizon agrees to indemnify and hold the City, its elected officials, officers, employees,
and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the
negligent acts, errors, or omissions of Verizon, its agents or employees, or by Verizon’s breach of this LOU.
The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to
any event occurring prior to such expiration or termination.
VI. DURATION.
This LOU shall be in full force and effect from the date of signature by all Parties to the date the
City completes the Final Inspection upon completion of the Project and may be extended for additional periods
of time upon mutual written agreement of the City and Verizon. Adherence to deadline dates is essential to the
performance of this LOU.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the roadway,
storm drainage system, sidewalks, landscaping, traffic signals, and all other appurtenances related thereto.
B. Verizon shall take ownership of duct and vault system following completion of the
construction and acceptance of duct and vault system. Verizon shall be responsible for maintenance of duct
and vault system after the transfer of ownership of the duct and vault system.
C. Verizon, at its own expense, will install cable in the new duct and vault system along with
pedestal etc., as required by Verizon. Verizon shall be required to obtain a Right-of-Way Permit to install cable
in the new duct and vault system and to wreck out its obsolete aerial facilities.
D. This LOU contains the entire written agreement of the Parties and supersedes all prior
discussion. This LOU may be amended only in writing, signed by both Parties.
E. Any provision of this LOU, which is declared invalid, void, or illegal shall in no way affect,
impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Lakota Middle School Safe Routes to School Project Page 4 2021
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as
set forth herein, will be performed by the City under the terms of this LOU.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year
first above written.
CITY OF FEDERAL WAY: MCImetro ACCESS TRANSMISSION SERVICES LLC DBA
VERIZON ACCESS TRANSMISSION SERVICES:
Jim Ferrell, Mayor
33325 8th Avenue South Street_____________________________
Federal Way, WA 98063-6325 City/State/ZIP_______________________
(253) 835-2401 PHONE____________________________
APPROVED AS TO FORM:
ATTEST:
Stephanie Courtney, City Clerk
Lakota Middle School Safe Routes to School Project Page 5 2021
Exhibit “A”
Estimated Costs-Conduit and Vault
Lakota Middle School Safe Routes to School Project
(SW Dash Point Road (21st Ave SW to SW 312th St))
Bid Item No.Section Description Qty UNIT Unit Cost Total
E1 1-04 MINOR CHANGE 1 FA $2,000.00 $2,000.00
E2 8-32 INSTALL CONDUIT 2-In.355 LF $4.00 $1,420.00
E3 8-32 RELOCATE VAULT 1 EA $1,000.00 $1,000.00
E4 8-32
INTERCEPT AND RETRAIN
VERIZON CONDUIT 1 FA $3,000.00 $3,000.00
SCHEDULE E COST =$7,420.00
Schedule E - Verizon Conduit and Vaults
Lakota Middle School Safe Routes to School Project Page 6 2021
Lakota Middle School Safe Routes to School Project Page 7 2021
Exhibit “B”
Estimated Costs
Lakota Middle School Safe Routes to School Project
(SW Dash Point Road (21st Ave SW to SW 312th St))
ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING VERIZON JOINT UTILITY TRENCH (JUT) WORK
ESTIMATED DESIGN COSTS for JUT
Labor-City (10% of CN costs) $ 1,614.47
ESTIMATED CONSTRUCTION COSTS
Conduit and Vault-Schedule “E” Cost (Exhibit “A”) $ 7,420.00
Share of Joint Utility Trench Estimated Costs (Exhibit “A”) $ 8,724.73
Subtotal Construction $ 16,144.73
Construction Contingency (10% of Construction Cost) $ 1,614.47
Construction Management (15% of Construction Cost) $ 2,421.71
ESTIMATED TOTAL CONSTRUCTION COST $ 20,180.91
ESTIMATED PROJECT COSTS (Design and Project Cost) $ 21,795.18
Project Administration (5% of Project Cost) $1,089.76
TOTAL ESTIMATED COST $ 22,884.94
Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented
are estimates only. Actual costs incurred will be used to calculate final cost of Verizon Joint
Utility Trench Work for reimbursement to the City.
K:\CAPITAL PROJECTS\Programmed\204 - SW Dash Point Road @ Lakota MS\02 AGREEMENTS\VERIZON\Letter of Understanding -VERIZON DRAFT.doc