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Home My WebLink AboutLUTC MINS 03-12-2007G:\LUTC\LUTC Agendas and Summaries 2007\03-12-07 LUTC Minutes.doc City of Federal Way City Council Land Use/Transportation Committee March 12, 2007 City Hall 5:30 pm City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey , Committee Member Eric Faison and Committee Member Dean McColgan; Council Member Jeanne Burbidge; Public Works Director Cary Roe; Deputy Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; Street Systems Project Engineer John Mulkey; Surface Water Manager Paul Bucich; Community Development Services Director Kathy McClung; Community Development Services Deputy Director Greg Fewins; Associate Planner Issac Conlen; Associate Planner Andy Bergsagel; Economic Development Director Patrick Doherty; City Attorney Pat Richardson; Administrative Assistant II Tina Piety; Administrative Assistant II Darlene LeMaster 1. CALL TO ORDER Chairman Dovey called the meeting to order at 5:32 p.m. 2. APPROVAL OF MINUTES The February 26, 2007, minutes were approved with one change; Item C revised to read: C. Asphalt Overlay Moved: Faison Seconded: McColgan Passed: Unanimously 3. PUBLIC COMMENT None 4. BUSINESS ITEMS A. 21st Avenue South Grid Road (South 318th Street to S 320th Street)- Project Acceptance and Retainage Release John Mulkey provided the background information on this item. There was no discussion. Moved: Faison Seconded: McColgan Passed: Unanimously Committee PASSED Option 1 on to the March 20, 2007, City Council Consent Agenda for approval. B. Sterling Woods Preliminary Plat Andy Bergsagel provided the background information on this item. There was no discussion. Moved: Faison Seconded: McColgan Passed: Unanimously Committee PASSED Option 1 on to the March 20, 2007, City Council Consent Agenda for approval. C. S 308th Street Stormwater Facility Modification Project - 30% Design Status Report Paul Bucich provided the background information on this item. Committee member Faison inquired as to the reason for the expansion of the detention storage capacity. Mr. Bucich explained that the expansion will enable more water to be detained, plus it is more economical to increase the size of the pond vs. tearing up the road to increase the size of conveyance. Committee Member McColgan asked if the committee has the discretion to bypass the 85% design status. Ms. Richardson replied that the Council has the discretion to decide if they review the design less or more. Moved: McColgan Seconded: Faison Passed: Unanimously Committee PASSED Option 1 on to the March 20, 2007, City Council Consent Agenda for approval. Land Use/Transportation Committee Page 2 March 12, 2007 G:\LUTC\LUTC Agendas and Summaries 2007\03-12-07 LUTC Minutes.doc D. 26th Avenue SW Drainage Replacement Project – 100% Design Status Report and Approval to Bid Paul Bucich provided the background information on this item. Committee Member Faison asked if the project was necessary for the City to meet NPDES Phase 2 requirements (water quality) or it is just to deal with run-off issues. Mr. Bucich said no, explaining that unless the City were to identify and verify that we were in violating the State standards, the City would then be obligated to complete this project as a prerequisite for the NPDES Phase 2 Permit. Moved: Faison Seconded: McColgan Passed: Unanimously Committee PASSED Option 1 on to the March 20, 2007, City Council Consent Agenda for approval. E. Annexation Interlocal Agreement and Community Outreach Memorandum of Understanding (MOE) Isaac Conlen provided the background information on this item. Committee Member Faison asked about existing Deed restrictions ie. parks and open spaces. Mr. Conlen responded that the City would inherit any/all Deed restrictions upon annexation. Committee Member McColgan asked if the City could benefit from anything learned from dealing with the County in past Interlocal Agreements (ILA). Mr. Conlen responded that the City has done just that, and will include these revisions in the proposed ILA. Items to be included could include land use permitting, the City’s level of authority in decision making. Committee Chair Dovey inquired as to the $1 million Asphalt Overlay incentive. Would there be any way that the City could just acquire the money or have the flexibility in how the $1 million could be used? Mr. Conlen is trying to clarify this currently with the County as to whether the $1 million incentive must be used strictly for overlay or could be partially used for other infrastructure improvements and also indicated that the County may make the overlay improvements prior or up to the effective date of the annexation. Committee Chair Dovey asked if the City would potentially include these annexed areas on a future Asphalt Overlay Bid Request. Mr. Roe answered that King County stands firm in the fact that they have pre-picked streets in need of an overlay or other work. The County also maintains a large asphalt overlay program. There has been no redirection from the County for this $1 million incentive; when asked if or how the City could acquire that money, the answer was clearly “no”. Moved: Faison Seconded: McColgan Passed: Unanimously Committee PASSED Option 1 on to the March 20, 2007, City Council Consent Agenda for approval. F. Graffiti Ordinance Pat Richardson provided the background information on this item. There was public comment on this item: Mark McDowell expressed concern over the issue of graffiti in the FW area getting worse exponentially. Mr. McDowell offered a list of possible tactics to help discourage graffiti and to keep maintenance/removal costs to minimum. These suggestions included involving the utilities, possibly having one uniform color for all utility boxes, procure volunteer groups, restricting the sale of paint and supplies to minors, possibly holding a Paint Out a few times a year, incentive programs, etc. Margaret Nelson also expressed concern. Ms. Nelson would like to see graffiti removed as soon as possible. She feels that when utilities or City workers tag areas for various projects, that it sets a bad example and encourages tagging. Ms. Nelson also feels that homeowners or property/business owners/tenants should not be held financially responsible for graffiti cleanup. She suggested posting a clearer ordinance on the City website that gave suggestions to the public as to how to be proactive against graffiti and also the best methods for cleaning it up. Another idea would be to let schools/youth organizations know about our clean up efforts in an attempt to involve our City’s youth and also allow them to earn community service hours. After public comment, Ms. Richardson explained that efforts were happening both on the civil side and criminal side. An ordinance is also being drafted to reflect the criminal code: possession with intent; possessing the tools and supplies to deface property. Committee Member McColgan asked for clarification on the criminal code. Ms. Richardson explained that this crime is primarily committed by minors. Being considered a misdemeanor, the City is limited to what kind of punishment it can impose. Committee Member Faison suggested considering ID as a requirement when purchasing tagging tools and paint supplies. Ms. Richardson talked about other cities trying to implement a similar code without any luck. Mr. Faison also commented on whether or not WSDOT’s wall that is part of the SR-99 HOV Lanes Phase III project will have a protective surface on it, making it very easy to remove paint if vandalized. Mr. Roe will follow up on this with WSDOT. Committee Chair Dovey shared that he feels the City should become much stricter and be known for its stand against graffiti. The City should punish the offenders rather than fining homeowners and businesses/tenants for not cleaning up what someone else has done. Committee Chair Dovey would like to see the ordinance revised to benefit the property owner. How and can we make our code stronger on graffiti, especially for youth? Ms. Richardson explained that youth criminals charged in Federal Way is Land Use/Transportation Committee Page 3 March 12, 2007 G:\LUTC\LUTC Agendas and Summaries 2007\03-12-07 LUTC Minutes.doc handled by King County. Committee Chair Dovey asked how our city can be known to have the strictest enforcement on graffiti. Committee Chair Faison suggested that fines as presented in the code be used to pay for cameras. He also supports the ordinance. Ms. Richardson reminded that the City does not have the right to monitor private property. Committee Member McColgan asked if the City has an estimated cost for the Paint Out or to address the graffiti problem. Ms. McClung responded that no estimate has been figured to date. Committee Member McColgan is in favor of taking care of the graffiti issue as soon as possible after it happens, but is not sure if it is practical to place this responsibility on the City to do the work involved in the cleanup. Secondly, if the City is responsible for cleaning up all of the graffiti, the entire community’s taxes will increase. He also stated that he is neutral but leaning “for” the proposed ordinance. Council Member Burbidge thought the discussion brought forth many good ideas and that she supports the ordinance as written and hopes that neighborhoods and groups will come together and help in the effort to reduce/eliminate graffiti. Committee Chair Dovey strongly feels that both civil and criminal code amendments need to be one package. Committee Member Faison asked for clarification between a misdemeanor and civil infraction. Ms. Richardson reiterated the state mandates the limits that are set for a misdemeanor. If damages are in excess of $100, 000, the prosecution may charge as a felony. Civil penalties are there to get public attention. With a misdemeanor, the maximum punishable by law is up to 90 days in jail or up to $1,000 fine. The City is able to ask for restitution with a conviction. Moved: McColgan Seconded: Faison Passed: McColgan, Faison Dissented: Dovey Committee PASSED Option 1 on to the March 20, 2007, City Council Consent Agenda for approval. G. Planned Action Ordinance Amendment Patrick. Doherty provided the background information on this item. Committee Member Faison thought a clearer ordinance that identifies demolition of a building or facility may be an incentive to redevelopers. Committee Member Faison asked how stand-alone demolition figures into this. Mr. Doherty reiterated that the demolition hadn’t been covered in the SEPA stream-lined provision versus having to comply with the SEPA checklist process. Moved: Faison Seconded: McColgan Passed: Unanimously Committee PASSED Option 1 on to the March 20, 2007, City Coucil Ordinance Agenda for first reading. H. Amendment to the Sound Transit Agreement Patrick. Doherty provided the background information on this item. Mr. Doherty confirmed that the Korean Women’s Association (KWA) do not anticipate a need for an amendment in regards to their proposed project next to the Transit Center. At this time the Committee agrees that the Sound Transit remain the same and that there should be no amendment. Mr. Doherty read a Letter of Support from the City, hoping to help solicit funding for the KWA project. Committee Member Faison would like to see more diversity for housing in the proposed plan for the project, rather than just low income and senior citizen housing or which both are currently available in the “downtown” core. Committee Member McColgan wanted to make sure that the City is not setting a precedent by submitting a support letter. Ms. Richardson said that this would not set a precedent. Committee Member Faison suggested the support letter be discussed by the full City Council at the March 20, 2007 City Council Meeting. Issue: Should the City approve amendments to the current Sound Transit Agreement? Moved: McColgan Seconded: Faison Rejected: Unanimously Issue: Support Letter Moved: Dovey Seconded: McColgan Passed: Unanimously Committee approved the Support Letter, provided the issue of diversity in mixed housing be discussed by the full Council at the March 20, 2007, City Council Meeting I. Planning Commission Work Plan Kathy McClung provided the background information on this item. Ms. McClung noted one item forgotten on the Planning Commission Work Program for 2007: Sign Regulations for Taller Buildings. As presented on the list, items “a” through “e” are major projects and are already in progress. Item “f” (Tree Ordinance) is the next large code amendment. Items “f” through “k” really depends on what is really do-able under current staffing levels. Committee Chair Dovey thought it is critical to finalize building heights within the City core Land Use/Transportation Committee Page 4 March 12, 2007 G:\LUTC\LUTC Agendas and Summaries 2007\03-12-07 LUTC Minutes.doc into the design guidelines as well as the sign code. Committee Member McColgan suggested that if you focus only on the City core, item “l” could be combined into item “i,” Design Guidelines”. Committee Member Faison also asked about the status of the low income tax exemption within the City core. Ms. McClung will look into whether or not this is a code issue that needs to go to Planning Commission. Moved: Dovey Seconded: Faison Passed: Unanimously Committee PASSED Staff Recommendation for the Planning Commission work program for 2007 on to the March 20, 2007, City Coucil Consent Agenda for approval and have added building heights and sign regulations within the City core to item “i,” Design Guidelines”. 5. FUTURE MEETING The next meeting is April 2, 2007. 6. ADJOURN The meeting adjourned at 7:05 p.m.