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Home My WebLink AboutLUTC MINS 04-17-2006G:\LUTC\LUTC Agendas and Summaries 2006\04-17-06 LUTC Minutes.doc City of Federal Way City Council Land Use/Transportation Committee April 17th, 2006 City Hall 5:30 pm City Council Chambers MEETING MINUTES In attendance: Committee chair Jack Dovey; Council Member Linda Kochmar; Committee member Dean McColgan; Committee member Eric Faison; Council Member Jeanne Burbidge; Mayor Michael Park; Interim City Manager Derek Matheson; Public Works Director Cary Roe; Public Works Deputy Director Ken Miller; Surface Water Manager Paul Bucich; Street Systems Manager Marwan Salloum; Streets Project Engineer Al Emter; City Traffic Engineer Rick Perez; Deputy City Attorney Karen Kirkpatrick; Administrative Assistant II Marianne Lee; resident Mrs. Patricia Owen. A. CALL TO ORDER Councilman Dovey called the meeting to order at 5:30 pm. B. APPROVAL OF MINUTES The April 3rd, 2006, minutes were approved. C. PUBLIC COMMENT none D. BUSINESS ITEMS A. 21st Ave South Grid Road (S. 318th St. to S. 320th St.) Project – Bid Award Marwan Salloum provided background information on this item. Moved: McColgan Seconded: Faison Passed: Unanimously Cmte PASSED Option 1 on to the May 2nd, 2006 Council Consent Agenda. B. Grant Funding for Transportation Improvement Projects Marwan Salloum provided background information on this item. The agenda item was amended to change Phase IV to Phase III, and to change 312th Street to 284th Street. Chair Dovey recused himself. Moved: McColgan (As modified) Seconded: Faison Passed: Unanimously Cmte PASSED staff recommendation on to the May 2nd, 2006 Council Consent Agenda. C. SR161 @ SR18 Intersection Improvements Project – Bid Award Marwan Salloum provided background information on this item. Staff proposes to break down the project and have the road widening and traffic signal modification work at the corner of S 352nd Street and SR 161 constructed under small works program. The remaining project will be incorporated and bid as part of the 2007 Asphalt Overlay Project. Moved: Faison (Option 2 as modified) Seconded: McColgan Passed: Unanimously Cmte PASSED staff recommendation on to the May 2nd, 2006 Council Consent Agenda. D. Transportation Concurrency Policy Framework Cary Roe opened the presentation and Rick Perez gave the background information on this item. The City has been using SEPA. The Growth Management Act (GMA) mandates concurrency; capacity must be Land Use/Transportation Committee Page 2 April 17th, 2006 G:\LUTC\LUTC Agendas and Summaries 2006\04-17-06 LUTC Minutes.doc provided concurrent to development. Committee member Faison asked for an estimate of the costs; Mr. Perez responded that staff has not yet estimated the cost however under SEPA the City received only a very small fee. Under the new system the City will bill the developments for staff time. This issue will come up in detail during the third presentation. Committee member Faison asked if it were possible to reduce the interval for model and traffic count updates; Mr. Perez responded that Staff needs current data to keep track of what is happening with regional growth. Committee member Faison asked if the concurrency permit fees might hamper economic development; Mr. Perez responded that doing the analysis in-house will generate its own revenue save time and money for the developer by reducing applicant submittal requirements and time to review the materials. Committee Chair Dovey asked if the next two presentations could be consolidated into one; since Concurrency is mandated, the City Council just needs to know what it entails and what it will cost. Mr. Perez responded that he can have something ready by the next Council meeting. This item will go to the next LUTC and then immediately to Council. Moved: Faison (Staff recommendation) Seconded: McColgan Passed: Unanimously Cmte PASSED staff recommendation to prepare a draft ordinance with staff recommendation on to the May 1st, 2006 Land Use and Transportation Committee. E. SW 356th Regional Detention Facility Concerns – Owen Property Cary Roe provided the background information on this item, outlining the policy question: Should the city spend money on a private drainage problem? The City Attorney’s office noted that this could constitute a ‘gift of public funds’ and could make the City liable. Staff provided several maps that show the drainage flow of the Owen Property and the surrounding area in the drainage basin. Staff were asked to look comprehensively at the 356th Street drainage basin. The area is broken up into an east and a west basin. Most of the area is zoned residential and most of the western area was developed before the City incorporated. The property in question is on the north side of 356th. Water from the surrounding areas flows away from the property due to the topography. There has not been a lot of development on the City’s part that affects the Owen and Kenny properties; there has actually been a reduction, by 0.3 acres, in the property draining towards the Owen and Kenny properties. Staff does not believe that the City’s permitting of development in this area has negatively affected this land. Mr. Roe has followed up with Mrs. Owen, and walked her property with her. Mrs. Owen has already had the over-flow channel re-established and is interested in the pipe-plug, sump-pump, and larger catch basin options. She has already done the most important of the four options, which was to re-dig the over-flow channel. Long-term and continuous maintenance is key to averting the potential flooding problem. Mr. Roe asked her about the other alternatives; she wanted to take a more measured approach and not implement them all at once. She said she wouldn’t be opposed to have the City doing the project; this does not erase the issue of gift of public funds and policy. Mr. Roe is ready to answer any questions the Council may have. Patricia Owen says that no one knows what will happen in the future. She never had a problem before Bellacarino Woods was built. She doesn’t think this remedy is for sure. Her neighbor is being impacted by changing the drain from where it was. This is very temporary; it’s a hand-dung ditch… Jeff Wolf brought in equipment and did elevations three times. She said this came on at the time the roads were widened and the streets were changed. There may be some mitigating things that she does not know anything about. Council Member Kochmar says that Mrs. Owen says the water table on her property has risen, what does Mr. Roe say to that? Mr. Roe noted that the area (356th) has a long-standing and pre-existing drainage problem that predates the City’s incorporation. Mrs. Owen has a pre-existing wetland on her property. This is a legal problem… the issue is not my inability or a lack of desire to fix the problem, the flag that’s being raised is about the legal aspects of our ability to do something. There’s a policy in place and we need to be aware of that policy. The memo provided by the legal department speaks for itself. Chair Dovey asked about the topography of the area. The Owen and Kenny properties are raised with a depression in the center. The depression is the wetland on Mrs. Owen’s and Mr. Kenny’s properties. Mr. Roe concurred. Staff did not provide contour maps because Mr. Roe thought it would be difficult to read and confusing. McColgan asked, are these temporary fixes? Mr. Roe said that maintaining the re-dug channel is the most Land Use/Transportation Committee Page 3 April 17th, 2006 G:\LUTC\LUTC Agendas and Summaries 2006\04-17-06 LUTC Minutes.doc important thing to do. The other fixes deal with larger catch basins, and more space in the catch basin for the sump to more effectively pump water back into the pond. The pipe plug would be used only a few times during the year. The fourth suggestion is to build a berm between the pond and her parking area. Mr. Roe’s conversations with Mrs. Owen indicate that the type of flooding a berm would prevent has never happened. Chair Dovey noted that the City has already provided the land owner with a variety of options, surveyed the land, and provided technical expertise on solving the some-time flooding issue of the owner’s wetland pond. There does not seem to be a reason for the City to further impact private property. Committee McColgan asked if private property owners could implement these fixes. Mr. Roe said that private property owners could do them, or have them done at a cost of $1500 or less. Committee member McColgan said that if you implemented these fixes and maintained them correctly you would solve the problem? Mr. Roe said absolutely, as long as you monitored them and updated them. Committee member McColgan said the gift of public funds is an issue; he’d like direct confirmation from the City legal department. Ms. Kirkpatrick said that based on the facts as she understands them and has been told, this would be a gift of public funds. If there were liability on the part of the City then it would not be a gift of public funds. Committee member Faison noted that for it not to be a gift of public funds there would have to be facts to support the fact that it was not a gift of public funds. Here, all the proof submitted is that it is a gift of public funds. Chair Dovey said that this is a small amount of money, but we risk the precedent. If the land owner can’t afford the fixes, perhaps this could be a public service project for a private party. Committee member Faison said that Mrs. Owen has had the benefit of the expertise of City Staff. Mrs. Owen asked what chances are there that the pond will increase or decrease. She mentioned that her neighbor has asked her to drain the wetland, if she can. She also asked why the church was allowed to clear trees. Mr. Roe noted that the wetland pond is a classified wetland and so cannot be drained. Mr. Roe said the church had not engaged in the permit process and that has been brought to their attention. There are no plans to develop the Kenwood Pit property. Committee member Faison encouraged Mrs. Owen to speak with the CD department to discuss uses available for her property. Mr. Roe encouraged Mr. Kenny to come in to meet with City staff to explore development options for his property. Committee member Faison made a motion similar to option 2, except with the removal of the second sentence. Moved: Faison (Option 2 as modified) Seconded: McColgan Passed: Unanimously Cmte PASSED staff recommendation on to the April 18th, 2006 Council Consent Agenda. F. ST2 Light Rail Alignment Cary Roe presented the background information on this item. The Chamber of Commerce plans to host a meeting in Council Chambers on April 24th at 2:30pm to discuss this topic and invites public comment. Sound Transit had given the City a deadline of May 10th to submit an alignment preference in writing. Committee member McColgan suggested the City find out what they want and then contact neighboring jurisdictions about supporting the positions. Cary Roe suggested asking Sound Transit what the financial probability is that light rail will make it to Federal Way in ST2. The Committee decided that this topic will be added to the agenda for the May 1st LUTC meeting and go to the May 2nd Council meeting. Cary Roe will develop a press release with Derek Matheson for distribution to the media in an effort to generate public awareness of the topic and increase public interest and comment. Moved: Faison Seconded: McColgan Passed: Unanimously Cmte MOVED this item for discussion to the May 2nd, 2006 Council Business Agenda. 5. FUTURE MEETINGS The next scheduled meeting will be May 1st, 2006. 6. ADJOURN The meeting adjourned at 7:55 p.m.