HomeMy WebLinkAboutLUTC MINS 12-03-2007G:\LUTC\LUTC Agendas and Summaries 2007\12-3-07 Minutes.doc City of Federal Way City Council Land Use/Transportation Committee December 3, 2007 City Hall 5:30 pm City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey, Committee Member Linda Kochmar, Committee Member Dean McColgan; Council Member Jeanne Burbidge, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Assistant City Manager/Chief Executive Officer Iwen Wang, Contracted Senior Planner Jim Harris, Deputy Public Works Director Ken Miller, City Staff Attorney Monica Buck, Acting Deputy Public Works Director Marwan Salloum, Street Systems Project Engineer John Mulkey and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Dovey called the meeting to order at 5:31 p.m. A motion was made to move Item E, 2008 School Impact Fee to follow Item A, SeaTac International Airport – Noise Quality Program. Moved: Kochmar Seconded: McColgan Passed: Unanimously 2. APPROVAL OF MINUTES The November 5, 2007 LUTC meeting minutes were approved. Moved: Kochmar Seconded: McColgan Passed: Unanimously 3. PUBLIC COMMENT There was no public comment. 4. BUSINESS ITEMS A. SeaTac International Airport – Noise Quality Program Stan Sheppard, Airport Noise Programs Manager, provided background information and a PowerPoint presentation on the item. John Creighton, Port of Seattle Commission President, was also present to answer questions. Council Member Kochmar thanked Mr. Creighton and Mr. Sheppard for their presentation. She also asked for some clarification on the following. In the last Part 150 Study Process (2002), a recommendation was made. Council Member Kochmar thought that it had been recommended to change the flight pattern from its current path to a more south western path, over the Port of Tacoma tide flats. In the Port of Seattle’s minutes, it stated that no change would be made, as the City of Milton complained that the changing of the flight path would negatively affect their community. Committee Member Kochmar wonders why a city with considerably less population than that of Federal Way could influence the recommendation of the study. Why couldn’t the flight patterns be changed to go over Puget Sound and Vashon Island, a much less densely populated area? Secondly, is it possible to change the threshold for the level of noise that is allowable (DNL) in order to provide services or mitigation fees to those residents and schools most affected by the noise? Thirdly, with a third runway, although the level of noise may not be increased, the frequency of take-offs and landings will increase. How many more flights is the Port of Seattle expecting? Land Use/Transportation Committee Page 2 July 2, 2007 G:\LUTC\LUTC Agendas and Summaries 2007\12-3-07 Minutes.doc Mr. Sheppard explained that through past studies, the Port has developed a policy on how they will implement change. In order to change the current flight paths that are having adverse affects to Federal Way residents, the Port would have to consider the opinions of the residents who would be affected by the change. To change the flight path to move more westward over the Port of Tacoma, Milton, and Fife, the Port of Seattle would need those communities’ approval for the flight path change in order to warrant making the change. The Port of Seattle has tried to get the approval from Fife and Milton in the past and it hasn’t happened. Mr. Sheppard strongly believes that the only way to possibly influence a change would be for residents to go to their Congressman, Adam Smith, and complain enough to get his attention and support in order to try to get him to lobby for the change in their behalf. To answer the second question, changing the DNL is not something that can be changed by the desire to do so. It can only be changed by changing the type of aircraft that are being used. Mr. Creighton added that in earlier conversation, Council Member Kochmar had expressed much concern for the affect this noise has had on the students and learning in the Federal Way School District. Mr. Creighton believes that the Port of Seattle would be favorable to looking into federal programs that may have monies available to help the most adversely affected schools. Most of these federal programs use the noise contours as guidelines for funding. Committee Chair Dovey asked for more information on the DNL. If the DNL is an average, is it possible that there are some planes that far exceed the average DNL? Mr. Sheppard described it as a logarithmic average, taken over the course of a year and includes many different aircraft. Because there are so many different planes in use today, yes, there are planes that will exceed the 65 average DNL, for example, EVA air has a 747-400, that flies a couple times a week during the early am hours, full of passengers and cargo. This flight probably does exceed the 65 DNL. Public Comment: Rick Hughes – Mr. Hughes commented that he has spoken with Mr. Sheppard and his associates at the Port of Seattle on multiple occasions and has gotten nowhere. He has a hard time believing that nothing can be done about the noise quality, especially concerning the EVA Air flight that ascends and turns over western Federal Way at 3:00 AM in the morning. Mr. Hughes estimates that the 747-400 is at 2,000 to 3,000 ft altitude, far lower (therefore, much louder) than what is required. Mr. Sheppard explained that the Port of Seattle works to make each airlines comply with the federal regulations as much as possible. All flights are watched and monitored. The Port has attempted to ask EVA Air to alter their flight times. Due to many factors, that has not been possible. Anna Etter – Ms. Etter lives near 308th Street and is pleased the Port is present to listen to Federal Way’s concerns over airplane noise. Since the Port says that not much can be done, what can our Council and residents do to help influence the situation and help influence the Port of Seattle to make a change? Mr. Creighton encourages the residents and the Council members to make their feelings known to the Port at the next Part 150 Program. The Port Commissioners are very open to working with the congressional delegation. Committee Member McColgan asked about the change that had occurred at John Wayne Airport in Orange County, CA. Mr. Sheppard explained that prior to 1990 the Airport Noise and Capacity Act had been enacted in Orange County and was grandfathered in, in order to maintain the quality of noise in that region. Committee Chair Dovey reiterated to the audience that the City is fortunate to have Port Commission representation at this meeting. Chair Dovey hopes that residents will understand that this is a process and that although we would all hope for change to occur as soon as possible, we are beginning the process that will hopefully influence change in the next Part 150 Study in 2009. Peter Townsend – Mr. Townsend wanted to know the effect the planes with newer technology will have on the third runway. Will it keep some of the older planes off of the third runway? Mr. Sheppard explained that the effect that technology has on planes is that is makes them more efficient. Technology is evolving and streamlining aircraft. Currently the airport is affected by poor weather conditions multiple days each Land Use/Transportation Committee Page 3 July 2, 2007 G:\LUTC\LUTC Agendas and Summaries 2007\12-3-07 Minutes.doc year. The result is decreased capacity as this leaves only one runway functioning at a level below normal. The third runway’s main function will be to keep airplane capacity at a constant level, even during some poor weather conditions. The FAA has regulated at what distance from the airport and at what altitude an aircraft must be to turn. There is also a point at which the aircraft must “fly by” before it turns out (west) over the water. Ms. Tapp – Ms. Tapp lives in Marine Hills and thanks the Port for being present today. She asks the Port for clarification. Since 1993, although the FAA has made change to the flight path, she has not noticed any significant change in noise. Prior to the FAA changing the requirements for tuning to include a “fly by” location, who could possibly be complaining about airplane noise over the water, since no one actually lives on the water? Chair Dovey restated the question asking where the complaints actually originated from. Mr. Sheppard answered that most of the complaints originated along the shoreline. It is possible that the water magnified the noise level. Nancy Combs – Ms. Combs lives in southwest Federal Way and was very agitated about the level of noise from aircraft and how it has adversely impacted her quality of life. As her comment did not ask a question, no response was given. Rod Leland of Federal Way Public Schools thanked the Port for being present. The school district’s priority is the education of the students. With at least ten schools in the district impacted by the airplane noise: Woodmont, Vahalla and Sunnycrest Elementary, does it make sense to make the students have to wait three years for mitigation as a result of all the noise (one year until the next study plus two years for the study)? Mr. Sheppard responded that working with their recourses and within the noise contours, it is unlikely that any federal funding would be available to those areas beyond of the 65 DNL contour. Mr. Creighton added that in the SeaTac and south Seattle area along with the Highline School District, all of those noise programs were strictly funded with federal money from the FAA. Mr. Creighton added that it may still be possible to find other monies available for such programs, especially in the case of the school district with the help of our state legislators and possible widening the range of the noise contours. Committee Member McColgan wants a better understanding of why the EVA Air flight at 2:30-3:00 AM cannot be restricted since it affects thousands of residents in our community. Mr. Sheppard reiterated that the Port has truly done all it can to communicate with EVA Air on the affects of this particular flight. EVA Air is aware that it is having negative impacts on communities, but unfortunately, they have no other viable options for this particular flight. There are some things the Port is trying to do, however. On arrivals, there will be a “continuous descent approach” implemented. There is the ability to implement this more readily with nighttime approaches as air travel is somewhat reduced. The Port is hoping to see some positive changes in level of noise to communities with this program. Bud Moore –Marine Hills, Federal Way. Mr. Moore wonders if new planes with new technology can’t be utilized to reduce noise impacts in Federal Way. Also, a broad area benefits from having the Sea Tac Airport, although it seems as though the flight paths favor the area south of the airport (Federal Way). Can’t the impacts of the noise be distributed just like the benefits of the airport? Mr. Sheppard confirmed that newer aircraft with newer technology will reduce noise impacts over time as more and older planes are replaced, however, changing the flight paths of existing flights is not likely to change or at least change within the next few years. Federal funding dictates what the Port can do to provide noise quality programs. Chair Dovey again encouraged residents to take this to the next level and contact their congressman, Ada m Smith. Paul Matthews – Marine Hills, Federal Way resident for 50 years. Can the public have access to the data on elevation and nautical miles south of the airport? Mr. Matthews suspects that there are probably a significant number of violations and would like to have access to this information to look for himself. Mr. Sheppard pointed out how the information can be obtained and also made available a pamphlet with general information for those in attendance. Land Use/Transportation Committee Page 4 July 2, 2007 G:\LUTC\LUTC Agendas and Summaries 2007\12-3-07 Minutes.doc Raymond Holmes – Federal Way resident for 35 years. Mr. Holmes feels that the noise impacts from aircraft turning west out over the water has doubled or tripled in the last couple of years. He feels as though the planes are turning west prior to getting enough altitude. If the planes were higher prior to turning west, the noise would not be so great. Mr. Sheppard explained that the destination of the flights really determines that point at which the plane turns west out over the water. The demand of various flights truly determines this factor. Council Member Burbidge stated that she has heard so many complaints over the years on the EVA Air flight, more complaints probably than any other flight. Mr. Sheppard responded that due to the size and weight of the aircraft, the noise it projects is going to be greater. Jim Simpson – Marine Hills, Federal Way. Is there any reason why the EVA Air flights in question could have their flight plan extended further south prior to turning west. Mr. Sheppard reiterated that in order to change a flight plan, the Port would need “buy off” from the cities of Fife and Milton. To date, Fife and Milton say no. Chair Dovey asked again the question of if the cities of Milton and Fife bought off on the flight plan, then the FAA would approve the change? Mr. Sheppard said that if Fife and Milton would agree to the flight plan change, the FAA would entertain and most likely change the flight plan, although it is not possible to say with absolute certainty. Committee Member Kochmar thanked the Port of Seattle representatives for being present. She has been involved in this issue for many years and has been equally frustrated that a solution to the negative impacts of airplane noise in Federal Way has not been found. Committee Member Kochmar wants the community to know that she stands behind them and wants them to be taken care of. Committee Member Kochmar requested Chair Dovey request staff to provide a transcript of tonight’s meeting to: all Port of Seattle commissioners that were not present at tonight’s meeting, all Port of Seattle officials, all of our Congressional delegates, and a copy directly to Congressman Adam Smith. Committee Member Kochmar would like to take a look at the possibility of air traffic Impact Fees from the airport, and in addition, requests Committee Chair Dovey add this issue to the our legislative agenda that begins in January. Chair Dovey requested that Stan Sheppard provide a printout each day for 60 days to ACM Cary Roe with the data on the EVA Air flight that has caused so much concern. Staff would like to have this data available as a tool to be proactive in their attempt to address this issue. E. 2008 School Impact Fees ACM Wang provided background information on the item. Also present from Federal Way Public Schools were Sally McLean, Chief Financial Officer and Jerrie Walker, GIS Analist. Ms. McLean passed out a handout, School Impact Fees. She thanked staff and Council Members for their partnership and support in collecting impact fees. Since 1996, $4 million has been collected in impact fees and has been used to install portables, build the Public Academy, and has helped finance new construction. All new construction has future growth in mind (common areas that can be converted to classrooms as future growth allows). Committee Member McColgan noted the recent school bond that passed. Is this (school impact fees) a separate issue for different construction? Ms. McLean responded that this is an impact fee that applicants and developers that come into the city and want to build new buildings would have to pay. This fee would help offset the cost to the district for increased capacity of adding additional students to the district. Chair Dovey inquired as to the City of Des Moines impact fees. Ms. McLean stated that the City of Des Moines has never adopted a Growth Management Act. Any impact fees have been collected in the SEPA process. When a Des Moines development has impacted Federal Way schools, Des Moines and Federal Way School District have negotiated fees at the time of SEPA. The State is not matching the impact fees. Chair Dovey noted that Federal Way’s impact fees are significantly lower than our neighboring cities. With more multi- family housing developing and more density anticipated, does the school district forecast higher impact fees? Ms. McLean said that many factors will influence impact fees in the futures. These fees will be reevaluated on a regular basis and fees adjusted accordingly. Moved: Kochmar Seconded: McColgan Passed: Unanimously, 3-0 Committee PASSED Option 1 to the December 18, 2007, City Council Consent Agenda for approval. Land Use/Transportation Committee Page 5 July 2, 2007 G:\LUTC\LUTC Agendas and Summaries 2007\12-3-07 Minutes.doc B. 21st Ave SW @ SW 356th St – Project Acceptance and Retainage Release Brian Roberts provided background information on the item. There was no discussion. Moved: McColgan Seconded: Kochmar Passed: Unanimously, 3-0 Committee PASSED Option 1 to the December 18, 2007, City Council Consent Agenda for approval. C. Capital Projects Review Policy Marwan Salloum provided background information on the item. Committee Member McColgan asked Mr. Salloum to summarize how the recommended policy will differ from the current procedure of reviewing capital projects. Mr. Salloum explained that the current procedure for reviewing capital projects includes committee and Council approval at the 30%, 80% and 100% design stages of project. The proposed policy will ask the committee and Council to approve design of the capital project at the 30% and 85%-100% stages, combining the later stages of the design process, approving the budget and authorizing staff to bid the project for construction. Moved: McColgan Seconded: Kochmar Passed: Unanimously; 3-0 Committee PASSED Option 1 to the December 18, 2007, City Council Consent Agenda for approval. D. The Greens Final Plat Jim Harrris provided background information on the item. Chair Dovey asked if school impact fees will be collected as part of this plat. Mr. Harris answered that to date, there has only been one application for one home in this plat. As each application is submitted, the appropriate impact fees will be collected at the time the permit is paid for. Moved: Kochmar Seconded: McColgan Passed: Unanimously; 3-0 Committee PASSED the Committee’s recommendation to the December 18, 2007, City Council Consent Agenda for approval. 5. FUTURE MEETING 6. ADJOURN The meeting adjourned at 7:16 PM.