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LUTC MINS 07-12-2010 City of Federal Way City Council Land Use/Transportation Committee July 12, 2010 City Hall 5:30 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Dini Duclos, Committee Member Jack Dovey and Committee Member Jim Ferrell. Council Members in Attendance: Mayor Linda Kochmar and Council Member Burbidge Staff Members in Attendance: Director of Parks, Public Works, and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Surface Water Manager Will Appleton, Street Systems Project Engineer John Mulkey, City Attorney Pat Richardson, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Duclos called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. Approval of the June 21, 2010, LUTC Minutes Committee approved June 7, 2010, LUTC minutes as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 N/A B. West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project – Bid Award Surface Water Manager Will Appleton presented information on this item. There was no public comment. Committee Member Dovey noted that this bid is the first bid in quite some time where many of the bids came in over the engineer’s estimate. Mr. Appleton stated that the estimate for the project was just an estimate. Should the economy continue to improve, bids may be closer to the engineer’s estimate on a more regular basis. Mayor Kochmar asked if staff had analyzed the bids and noted that Lloyd Enterprises’ bid was so much lower than the other competitors. Deputy Public Works Director Miller explained that Lloyd Enterprises’ bid came in lower in the excavation part of the project. Because Lloyds pit and headquarters is so near the project site, there is considerable cost savings in fuel, transportation costs, staging areas, etc). Chair Duclos asked why Schedule B was included in the bid; why didn’t the contractor work with the private property owner directly. Mr. Appleton referenced Council having had approved staff’s request to bid the project this way. Staff didn’t want to complete their part of the work independently of the private citizen as this could result in having the City’s work undone in order to start Schedule B. Bidding both schedules together made the most sense and will be the most efficient. A separate agreement was drafted between the citizen and the City. The fee for Schedule B is 100% the responsibility of the property owner. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 7/20/2010 Consent Land Use/Transportation Committee Page 2 July 12, 2010 G:\LUTC\LUTC Agendas and Summaries 2010\7-12-10 Minutes.doc C. Grant Funding for Transportation Improvement Projects Deputy Public Works Director Marwan Salloum presented information on this item and then summarized staff’s procedure in procuring grant funds. There was no public comment. Committee Member Ferrell asked for the total annual CIP budget amount. Deputy Director Salloum stated that $1.6 M from the utility tax funds is given to the CIP budget for 2011 and again for 2012. Grant funding is coming from the state Transportation Improvement Board (TIB). Committee Member Dovey asked for a status report on the S 352nd project land acquisition, particularly on acquiring the fifth parcel for this project. Director Roe gave a brief background summary of the S 32nd Extension Project and the progress made to date on securing all needed land for right of way dedication. Director Roe has had ongoing conversation with the fifth property owner and plans to meet with that property owner this week. Director Roe also explained that both the S 352nd Street Extension Project and the SW 336th at 21st Ave SW Intersection Improvement Projects have yet to be evaluated and scored by the TIB. Staff has preliminarily self scored both projects and feels that the SW 336th at 21st Ave SW may have an advantage over the S 352nd project; however, that is speculation and won’t be know until the TIB scores each project. Once, staff knows what funding is available for either project, Council can decide which project to give priority to. Deputy Director Salloum reminded the Committee that at the present, staff is recommending that the City applies for grant funding for both projects. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 8/03/2010 Business D. Proposed Amendment to FWRC – Appeals of Hearing Examiners Decisions City Attorney Pat Richardson presented information on this item. There was no public comment. City Attorney Richardson reiterated the City’s current practice of handling appealed Hearing Examiner decisions as well as the recommendation for a change in that procedure, brought forth this evening. The committee acknowledged the few times an appeal to the Hearing Examiner’s decision was heard by the City Council. As the issue currently stands, the applicant was also appeal the Council’s decision in an appeal and from there, take it to the Supreme Court. Committee Member Dovey asked if these appeals would cost the applicant a great deal more than just the Hearing Examiner’s decision. City Attorney Richardson stated that the applicant would be responsible for paying their own attorney fees. There was discussion surrounding the pros and cons of eliminating the City Council appeal hearing, and taking an appeal straight through to the Supreme Court. The process as it exists today is a result of the current Code. Councilmember Burbidge spoke in support of the staff recommendation. Committee forwarded item to the July 20, 2010 City Council Business Agenda without recommendation. Moved: Ferrell Seconded: Duclos Passed: 2-1, Dovey dissenting 7/20/2010 Business E. Department of Ecology Stormwater Grant – FY 2012 Grant Funding Offer Surface Water Manager Will Appleton presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 7/20/2010 Consent Land Use/Transportation Committee Page 3 July 12, 2010 G:\LUTC\LUTC Agendas and Summaries 2010\7-12-10 Minutes.doc F. Department of Ecology Retrofit and LID Competitive Grant Surface Water Manager Will Appleton presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 7/20/2010 Consent 4. OTHER 5. FUTURE MEETING The July 19, 2010 LUTC meeting has been cancelled. The next scheduled LUTC meeting will be Monday August 2, 2010 at 5:30 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:07 PM. Attest: Darlene LeMaster, Administrative Assistant II COMMITTEE APPROVAL: Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member