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LUTC MINS 06-16-2008G:\LUTC\LUTC Agendas and Summaries 2008\6-16-08 Minutes.doc City of Federal Way City Council Land Use/Transportation Committee June 16, 2008 City Hall 5:30 PM City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Council Member Jim Ferrell, Committee Member Dini Duclos, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, City Staff Attorney Monica Buck, Planning Manager Isaac Conlen, Director of Community Development Services Greg Fewins, Acting Deputy Public Works Director Marwan Salloum, Engineering Plans Reviewer Kevin Peterson, Sr. Transportation Planning Engineer Sarady Long, Surface Water Project Engineer Fei Tang, City Traffic Engineer Rick Perez, Surface Water Engineer Jeff Wolf and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. All members were present. 2. APPROVAL OF MINUTES The June 2, 2008 LUTC meeting minutes were approved. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 2-0 Committee Chair Kochmar recused herself as she was not present at the June 2, 2008 LUTC meeting. 3. PUBLIC COMMENT There was no public comment. 4. BUSINESS ITEMS A. Kim Short Plat – Project Briefing and Update Will Appleton provided background information on this item. Committee Member Duclos had a few questions. Who is responsible for the maintenance of the detention pond? Mr. Appleton responded that the applicant is responsible for the upkeep and maintenance of the detention pond for two years, at which point the City will take over the maintenance aspect of the pond. Are there other options to a chain link fence? Mr. Appleton answered that yes, there are other options; a split rail fence is more attractive but less effective in keeping people and animals out. A wood fence could be an option as well. Is there a limit to how many extensions an applicant may receive? Mr. Fewins replied that there is a one-time one year extension that may be granted if requested prior to the expiration of the original application. After the one-time extension, the applicant must re-apply. Committee Member Duclos also noted concern over the trees being removed and the muddy mess on the site. Is there a timeline the developer must follow to build on this cleared land? Mr. Appleton answered that there is no timeline for construction to be completed. The only timeline is for erosion control. This particular site has had erosion control measures taken, and will have the short plat hydro seeded prior to final approval. Currently, the applicant is in the process of completing the punch list items for the short plat. Committee Member Ferrell asked for an update on the pond. As far as Code is concerned, is the City following through and making sure that the aesthetics of the pond are considered? Public comment from Mr. Madison at the June 2, 2008 LUTC meeting indicated he was very unhappy with the aesthetics of the pond. Mr. Appleton explained that landscaping is usually incorporated into pond design. However, the landscaping is usually done around the outside of the pond, primarily because after the applicant’s two year maintenance period, the City assumes maintenance responsibilities. More landscaping inside the pond equals more maintenance required. There are no plans for further landscaping to this particular pond at this point of development. The pond will be enclosed by a six foot chain link fence. City code requires detention ponds as land is developed. This pond will be a water quality and a retention/detention facility and is designed to have water in it year round. Land Use/Transportation Committee Page 2 June 16, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\6-16-08 Minutes.doc Committee Member Duclos shared more concern over the aesthetics of the pond, especially to Mr. Madison. Committee Member Ferrell suggested privacy slats as an option to keep the chain link fence, but provide a visual barrier. There was some discussion on standing water. Mr. Appleton reiterated that the detention pond circulates water naturally. Public Comment: James Madison, 29827 23rd Ave S, Federal Way – Mr. Madison shared continued frustration over this project. He would like to know the exact timeline of when this project will be finished. He feels many of the items brought up at the June 2, 2008 LUTC meeting regarding this short plat have been addressed most recently, in just a few days prior to tonight’s meeting. In reference to the pond, Mr. Madison feels there to be a safety issue in that there is enough space between the ground and the bottom of the fence for a child to crawl underneath. In regard to the suggestion of privacy slats between the pond and Mr. Madison’s home, Mr. Madison feels that would be fine. Committee Member Ferrell asked if Mr. Kim (developer) had been contacted about tonight’s LUTC meeting. ACM Roe answered that Mr. Kim had been contacted, however elected not to attend. Committee Chair Kochmar expressed concern over the space under the fence of the pond and the safety issue concerning that. Committee Chair Kochmar also questioned Mr. Madison’s front yard being left unfinished by the developer and asked if our Code addresses the length of time a neighboring property can be disturbed by adjacent development. Mr. Appleton answered that the property disturbed in what appeared to be Mr. Madison’s front yard is actually right of way; however, he will have the PW inspector follow up on the issues brought forth by Mr. Madison. Committee Member Ferrell noted that he feels privacy slats are important, especially from Mr. Madison’s view. Committee Member Ferrell would also like the space under the fence to be addressed. Because the City has been alerted to a potential safety issue, it is in the City’s interest to protect itself. Committee Member Ferrell also suggested that PW inspectors may be able to evaluate Mr. Madison’s flooding issues and offer assistance. ACM Roe will follow up with staff on the status of this project, the issue of hydro seeding, and the retention pond fence and will encourage Mr. Kim to finish the short plat in a timely manner. There was no action taken. This item was for information only. B. Ming Court Final Plat Isaac Conlen provided background information on this item. John Norris of Norris Homes commented that issues with the adjacent land owner have been resolved. Public Comment: Krista Baker, 31104 6th Ave S, Federal Way – Ms. Baker is still extremely frustrated with the developer, Norris Homes. Ms. Baker is requesting the LUTC Committee consider holding final plat approval for Ming Court until the developer makes good on their promises to Ms. Baker of completing the sewer connection and completing the fence. Committee Member Ferrell asked if the fence posts were in. Yes, the fence posts were installed today. Ms. Baker stated that her agreement with the developer had no timeline and that she was unclear of the process. Ms. Baker had received conflicting messages from both Norris Homes and from Lakehaven Utility District on the sewer connection. Mr. Conlen stated that the side sewer agreement was between the developer and Ms. Baker and was not a condition of the plat. The City doesn’t have any means to require Norris Homes to follow through on their promises. The approval of the plat is a completely separate issue from the side sewer connection. Committee Chair Kochmar noted to Norris Homes the hope that they will live up to their promises with Ms. Baker. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee recommended forwarding Ming Court Final Plat to the July 1, 2008 City Council meeting for approval. C. Acceptance of Grant Funding for Transportation Improvement Projects Marwan Salloum provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1, 2008 City Council Consent Agenda for approval. Land Use/Transportation Committee Page 3 June 16, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\6-16-08 Minutes.doc D. 500 Gallon Above Ground Fuel Tank – Bid Award Cary Roe provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1, 2008 City Council Consent Agenda for approval. E. Setting the Transportation Improvement Plan (TIP) Hearing Date Rick Perez provided background information on this item. Committee Member Duclos asked if the TIP went to Planning Commission prior to approval. Mr. Perez answered that the TIP does not go to Planning Commission during the approval process. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1, 2008 City Council Consent Agenda for approval. F. 2008/2009 Commute Trip Reduction (CTR) Contract Amendment Sarady Long provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1, 2008 City Council Consent Agenda for approval. G. 10th Ave S Stormwater Improvement Project, S 308th St Lateral Drainage Intercept Project, and Outlet Channel Modification Project Status Update and Request to Combine the Three Projects Fei Tang provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1, 2008 City Council Consent Agenda for approval. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be held July 7, 2008 at 5:30 PM. Staff is considering cancelling the August 18, 2008 LUTC and August 19, 2008 Council meetings. Confirmation will follow once approved by Council. 6. ADJOURN The meeting adjourned at 6:55 PM.