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LUTC MINS 09-29-2003G:\LUTC\LUTC Agendas and Summaries 2003\September 29, 2003, LUTC Minutes.doc MEETING MINUTES In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan and Councilmember Michael Park; Mayor Jeanne Burbidge, Council Member Linda Kochmar; City Manager David Moseley; Community Development Director Kathy McClung, Public Works Director Cary Roe; Management Services Director Iwen Wang, Deputy City Attorney Karen Kirkpatrick; Street Systems Manager Marwan Salloum; Senior Planner Margaret Clark; Surface Water Manager Paul Bucich; Streets Systems Engineer John Mulkey; Associate Planner Rox Burhans; Contract Planner Janet Schull; Administrative Assistant Krystal Kelsey. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:27 pm. 2. APPROVAL OF MINUTES The summary minutes of the August 4, 2003 meeting were approved as presented. 3. PUBLIC COMMENT J.D. Lee of Lee and Associates, representing Ick Kim, a property owner on South 333rd Street spoke regarding raised medians and a perceived lack of access to businesses and homeowners in the area. Mr. Lee requested that the Committee and Council consider median breaks along the SR 99 corridor, providing left turns into and out of businesses and side streets. Mr. Lee contends his client did not understand there would be no left turns during the public comment phase of this project. Mr. Roe responded that during the public comment phase (including several open house forums, meetings, and public outreach efforts via mail) that raised medians would be implemented on this project. Mr. Roe will be preparing a comprehensive memorandum to the City Manager and the Council explaining the rational for raised medians, and the differences between medians for the Phase I and Phase II projects. Phase I provided median breaks at only three locations, Ross Plaza, Pavilion Center, and SeaTac Village, with clear criteria for such breaks. Mr. Roe will have the memorandum prepared for inclusion in the October 20, 2003 LUTC agenda. Ms. McClung read into record a letter by Ron Gintz expressing his strong support for changing sign regulations for freeway-oriented businesses. Mr. Moseley read into the record a letter from the Homeowner Association Board of Regency Woods supporting consideration of the annexation process for Federal Way. 4. BUSINESS ITEMS A. Selection Process for Changes to the Development Regulations – Contract Planner Janet Schull gave an oral presentation following the materials provided in the Committee agenda packet. Staff recommends that the LUTC recommend to the full City Council to not select the proposed zoning text amendment for further study. Denise Hammel, the attorney representing the Irmas Charitable Foundation expressed her support for changes to the regulations, as it would provide her clients the means to continue their philanthropic work. Currently, the Foundation feels they are unable to sell their property because of current permitted uses. Gil Hulsman of the Abbey Road Group presented to the Committee a Zoning Text Amendment Packet which included information on new, more aesthetically-pleasing mini-warehouse storage facilities. Mr. Hulsman stated that this zoning change would benefit many multi-family residents who currently have limited storage facility available to them. Also, the City of Federal Way City Council Land Use/Transportation Committee September 29, 2003 City Hall 5:30 p.m. Council Chambers G:\LUTC\LUTC Agendas and Summaries 2003\September 29, 2003, LUTC Minutes.doc new storage facilities provide office space at the front of the business. Mr. Hulsman asked that staff again review their request and the options available in terms of the new, joint-use facilities. Bob Burton, of Kennedy Wilson, reported to the Committee that the land has been vacant since 1979. Mr. Burton has been actively pursuing a user for this property for four years. Most inquiries he receives are from parties interested in building a mini-storage facility. The next most predominant inquiries are from churches asking for donation of the land. Lastly, truck drivers wanting to park large trucks and espresso stand owners have also expressed interest. Mr. Burton stated that the property is reasonable priced based on market research, but without zoning changes, it will continue to stand vacant. The Committee recommended to the full City Council to include this request in the comprehensive review of the Neighborhood Business Zone in 2004. B. Year 2003 Asphalt Overlay Project AG #03-045 – Final Project Acceptance and Retainage Release – This project is complete. The final construction amount is $1,886,375.69 which is $376,299.81 below budget (including contingency). The Committee voted to place final acceptance of the 2003 Asphalt Overlay Program and Retainage Release on the October 7, 2003 Council Consent Agenda. C. 2004 Asphalt Overlay Program Preliminary Project List and Authorization to Bid – Mr. Salloum presented the preliminary Project List to the Committee. The estimated total program cost is $1,641,373. The total funding available is $1,305,882. The Committee voted to place approval of the list of streets for the 2004 Asphalt Overlay project, and authorization for staff to bid all or part of the project on the October 7, 2003 Council Consent Agenda. D. Weyerhaeuser Way and S 336th Street Roundabout – 100% Design Approval and Authorization to Bid – Mr. Salloum presented the project to the Committee. The estimated project expenditures are $1,121,390. Available funding, including funds from Weyerhaeuser, total $1,053,420; creating a budget shortfall of $67,970. Mr. Salloum recommended that staff take the project out to bid. If the project comes back under budget, staff will return to LUTC for award authorization. If the project comes back over budget, staff will return to LUTC for consideration of a budget adjustment. The Committee voted to place this item on the October 7, 2003 Council Consent Agenda. E. Ordinance to Create Steel Lake Management District Number One – Mr. Bucich noted a correction on the Memorandum to LUTC; the date of the public hearing should read November 18, 2003, not November 14. The Committee voted to place the passage of the ordinance on the October 7, 2003 City Council Agenda for consideration. The Committee also voted to place setting a public hearing date for November 18, 2003 for public comment on the assessment roll for properties within the district on the October 7, 2003 City Council Agenda for consideration. F. Bathymetry Mapping – Mr. Bucich gave an oral presentation to the Committee on the benefits of bathymetry mapping. Also, Mr. Bucich encouraged the Committee to enter into an inter-local agreement with King County to achieve bathymetry mapping at a significant saving to the City. The Committee voted to place approval for an expense of no more than $6,000 for bathymetry mapping on the October 21, 2003 Council Consent Agenda. G. 2003/2004 Implementation of Commute Trip Reduction (CTR) Plans and Program Agreement w/ WSDOT – The Committee voted to place approval of the 2003/2004 Commute Trip Reduction and Program Agreement with WSDOT on the October 7, 2003 City Council Consent Agenda. H. 2003/2004 Commute Trip Reduction Program; Professional Services Agreement with King County Metro – The Committee voted to place approval of the 2003/2004 Commute Trip Reduction and Program with King County on the October 7, 2003 City Council Consent Agenda. I. Presentation on Annexation Issues – Based on a conversation she had with a property owner at the front counter this week, Ms. McClung noted that bad information continues to circulate amongst property owners following the open house held last week. Ms. McClung asked the Committee if there were any questions on the PAA Study; there were none. Ms. McClung then gave an overview of the remaining areas under consideration for annexation. Ms. Wang distributed a financial analysis for the 2003 proposed annexation. Ms. Wang noted that there were two methods for compiling the information, the first method used a pro-rated formula based on existing operating costs, which resulted in an overall per capita operating revenue subsidy of $136. The second method was to evaluate a specific need based on the characteristics and demographics of the area, resulting in an overall per capital operating revenue subsidy of $12. G:\LUTC\LUTC Agendas and Summaries 2003\September 29, 2003, LUTC Minutes.doc Chair Faison recommended that the Committee not move forward with consideration of the Northlake annexation area. Chair Faison will be meeting with residents of Northlake next week, and will be better prepared to make a decision following this meeting. Frank Evans of Kenmore Lanes in the Redondo-East area spoke on behalf of annexation. Mr. Evans presented a letter to the Committee outlining his opinion that re-opening the Sportsworld complex in the PAA would bring a significant gambling tax revenue to the City. Mr. Evans would like to City to consider reducing the gambling tax. Deputy Mayor McColgan asked Ms. McClung to outline any advantages of annexation to current Federal Way residents, given the subsidies that would be incurred. Ms. McClung answered that citizens in the annexation area would be served by a local government, rather than a more removed, county government. The City is able to provide better and faster service to citizens in the PAA, and it is cheaper for the City to provide those services than for the County. Deputy Mayor McColgan asked Ms. McClung to clarify the benefits, if any, to existing residents rather than to residents of the PAA. The response was that permitting for these areas would be controlled by the City, which ensures that there are no negative effects from differences between the County’s permitting requirements and the City’s. Furthermore, Ms. McClung feels that a higher population gives more weight to the City for regional issues. Mr. Burhans stated that residents in the PAA currently use Federal Way as their City. They shop here, use the City’s parks and recreation resources, facilities, etc. There is a benefit to treat these citizens as residents of Federal Way and to encourage more involvement in the economy of Federal Way. Ms. McClung further expanded on the topic of permitting by clarifying that by controlling the permitting process, the City would be able to directly control development in those areas and the subsequent effect to the City, including environmental impacts and sprawl. Chair Faison stated that the PAA is currently under-served by the County Sheriff’s Department, potentially leading to an increased crime rate which passes City boundaries and to the City. Furthermore, there are substantial areas of vacant land. The County allows for smaller lot sizes than the City, creating greater density. The City should act now so that density can be controlled, rather than inheriting a higher density area at a later date. Councilmember Park noted that with Kent’s recent annexation, they have surpassed the City of Federal Way in terms of population. Furthermore, he expressed now that the infrastructure problems have been solved in the PAA, there is no excuse to not take on these new areas. Councilmember Park asked Mr. Roe for the cost to maintain the streets in the PAA and for any additional funds not identified by Ms. Wang. Mr. Roe responded that there is not enough detail in the current study to provide an exact figure for maintaining the streets. However, the quality of the streets is not up to current standards, including sidewalks, street lights, paving quality, etc. These streets are more rural in nature and significant updates to the infrastructure would be required. Mr. Burhans stated that the parks and recreation areas also need to be taken into consideration. Deputy Mayor McColgan asked for the amount of undeveloped land in the Parkway area. Mr. Burhans replied that the area is mostly residential and largely developed. Councilmember Park asked for a revenue analysis of the Redondo East area, and specifically for the cost of Public Safety and the 60% discrepancy between the two methods used to calculate the annexation analysis. Ms. Wang answered that the total cost includes FTE, court and dispatched calls for service. Deputy Mayor McColgan asked about the difference in public safety costs in residential vs. commercial areas. Ms. Wang replied that the analysis did not reflect a difference. Deputy Mayor McColgan stated that the authors of the PAA study noted a 25% distinction between residential and commercial areas. Councilmember Kochmar inquired about the gambling tax estimate and whether or not there is a card room in the area. Mr. Burhans answered that there are only pull tabs, no card rooms. Councilmember Kochmar asked at what point staff increases are triggered when considering a 20,000 increase in population. Ms. Wang answered that when workload begins to change. Regardless of an annexation, an increase in workload drives addition of staff; an example would be with permits. As permits increase, it is possible that staffing would also be increased. Annexation of a large population of people does not alone trigger an increase of staff. Deputy Mayor McColgan inquired about the cost of an annexation election. Ms. McClung answered that the estimated cost is $2.00 per registered voter, based on information from the King County Records and Elections office. G:\LUTC\LUTC Agendas and Summaries 2003\September 29, 2003, LUTC Minutes.doc Councilmember Park stated that with an election cost of $2.00 per registered voter multiplied by an estimated 1,100 citizens for a total election cost of $2,200 would be worthwhile. Deputy Mayor McColgan voted against the PAA as he stated he is unsure of the benefit and advantage to current Federal Way residents while a clear disadvantage of $226,000 exists. Staff stated that the clarified cost is $58,000 based on the second method used in the 2003 Annexation Analysis . Deputy Mayor McColgan disagrees with the costs represented in the spreadsheet. Councilmember Kochmar wants to encourage Regency Woods to use the petition process. Councilmember Kochmar is unsure of the cost of annexation, and feels that current residents should not be burdened with the cost of annexation. The Committee agreed to not act on the Northlake area until after Chair Faison’s meeting with the residents next week. The Committee voted to direct staff to prepare a resolution for adoption by the Council to enter into negotiations with King County over an Interlocal agreement for the annexation of the Redondo East area. The Committee further voted to direct staff to prepare a resolution for Council adoption at the October 21, 2003 meeting to put the Regency Woods area annexation on the next available election. H. Changing Sign Regulations for Freeway Oriented Businesses – Deputy Mayor McColgan discussed the benefits of encouraging growth by appropriate signage. Ms. McClung discussed a tentative idea for creating a new zone such as “Freeway Commercial”. Deputy Mayor McColgan moved to add this item to the Community Development Work Plan and Planning Work Plan. Councilmember Park seconded. Chair Faison asked for clarification; do they want the work on the 2003 Work Plan or for 2004. Chair Faison suggested the 2004 Work Plan as the 2003 Work Plan is already full and the year is almost over. The Committee voted to address prioritization of the 2003 work plan at the October 20, 2003 LUTC meeting. 5. FUTURE MEETINGS The next meeting will be October 6, 2003. Future meeting agenda items include the Quadrant Cluster, 51st SW Storm Mainline Replacement, 100% Design Approval for Stormline Replacement Project and a GIS Mapping update. 6. ADJOURN The meeting adjourned at 7:55 p.m.