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LUTC MINS 02-28-2005G:\LUTC\LUTC Agendas and Summaries 2005\02-28-05 LUTC Minutes.doc City of Federal Way City Council Land Use/Transportation Committee February 28, 2005 City Hall 5:30 pm Council Chambers MEETING MINUTES In attendance: Committee members Jack Dovey, Chair, and Council Members Eric Faison and Michael Park; Deputy Mayor Linda Kochmar; Council Members Jeanne Burbidge and Jim Ferrell; City Manager David Moseley; Director of Public Works Cary Roe; Assistant City Attorney Karen Kirkpatrick; Public Works Deputy Director Ken Miller; Community Development Services Deputy Director Greg Fewins; Senior Planner Lori Michaelson; Senior Planner Jim Harris; Associate Planner Deb Barker; Street Systems Manager Marwan Salloum; Surface Water Manager Paul Bucich; Development Services Manager Will Appleton; Senior Street Systems Engineer John Mulkey; NPDES/ESA Coordinator Don Robinett; Surface Water Quality Program Coordinator Dan Smith; Engineering Plans Reviewer Kevin Peterson; Senior Traffic Engineer Maryanne Zukowski; Traffic Analyst Sarady Long; and Administrative Assistant E. Tina Piety. 1. CALL TO ORDER Chair Dovey called the meeting to order at 5:30 pm. 2. APPROVAL OF MEETING MINUTES The minutes of the February 7, 2005, meeting were approved as presented. 3. PUBLIC COMMENT None. 4. BUSINESS ITEMS It was m/s/c to change the agenda by moving items H and I to the top of the agenda. After discussion that staff had told people item I was at the end of the agenda and therefore, interested citizens will probably arrive later in the evening, it was m/s/c to move item H to the top of the agenda and leave item I at the end. H. 2005 Asphalt Overlay Project Bid Award – Mr. Salloum presented the 2005 Asphalt Overlay estimated expenditures. It was noted that Lakeside Industries completed the 2004 Asphalt Overlay Program within budget and on time. In order to stay within budget it is recommended that Schedule F (19th Avenue South) be deleted from the project. It was m/s/c to award (and place on the March 15, 2005, City Council Consent Agenda) Schedules A, B, C, D, E, and G of the 2005 Asphalt Overlay Project to Lakeside Industries, the lowest responsive, responsible bidder, in the amount of $1,357,217.97 and approve a 10 percent contingency of $135,271.80, for a total of $1,492,939.77, and authorize the City Manager to execute the contract. If project funding allows, it was approved to add all or a portion of Schedule F back into the contract with the understanding that the total cost will not exceed the total funding available for this program. A. Ming Court Preliminary Plat – This application is for a 15-lot residential subdivision located at 30901 8th Avenue South and zoned Single-Family Residential (RS) 7.2, requiring a minimum lot size of 7,200 square feet per lot. The Hearing Examiner has reviewed the application and recommended a number of conditions of preliminary plat approval. The applicant requested mass grading of the site. As mass grading goes against the code and there are no special conditions, staff and the Hearing Examiner recommend against mass grading. Council Member Faison commented that if 7th Place South were to be continued through the lots to the south to connect to 320th, it seems it would be too close to 8th Land Use/Transportation Committee Page 2 February 28, 2005 G:\LUTC\LUTC Agendas and Summaries 2005\02-28-05 LUTC Minutes.doc Avenue South. Mr. Long commented that 7th Place South is in the Federal Way Comprehensive Plan and the spacing meets Federal Way City Code (FWCC) requirements. Mr. Roe commented that the plan gives the opportunity to continue 7th Place South, but even if the lots are developed, the applicant(s) could propose the development in such a way that continuation of 7th Place South is not feasible. De-En Lang – He is the applicant for the project. He asked the Committee to allow mass grading of the site. He said the policy against mass grading is not in the code; it is just a city council policy. They allowed mass grading of the Lakota Crest Subdivision and he asks the same for his project. Rob Zinger – He lives behind the water tower, which is close to this project. He is concerned about the easement near his property because of flooding issues. He asked if they plan to grade to the property line or the easement line. He is concerned that grading to the property line will lead to more flooding. Tony Vaka – He shares the concern of the former speaker. He would also like clarification on the private road. Mr. Peterson commented that there would be some grading of the easement during construction for the water line (it is a Lakehaven Utility District easement), but it is too early to say how much grading will occur. Council Member Faison commented that there were unique circumstances with the Lakota Crest plat, which is why they were allowed mass grading. It was m/s/c to adopt the staff recommendation to approve the Ming Court Preliminary Plat Resolution and place it on the March 15, 2005, City Council Consent Agenda. B. Campus Crest Preliminary Plat and Concomitant Agreement – This application is for a 114-lot residential preliminary plat located along the south side of SW Campus Drive at approximately the 700 block southwest and is zoned RM-3600. Mr. Harris informed the Committee that staff and the Hearing Examiner are recommending mass grading for this site due to its topography. The applicant is requesting the 1990 Concomitant Zoning Agreement (which allows only townhome/condominium development) be amended to allow single-family homes. The Committee expressed concern that this application has a road that crosses the BPA trail. Specifically, they are concerned for pedestrian safety. Staff commented that the crosswalk would be raised so that pedestrians would be more easily seen. In addition, this will be a low speed road. It was m/s/c to recommended adoption of the Hearing Examiner’s recommendation and approve the Concomitant Zoning agreement and preliminary plat, and to place this item on the March 15, 2005, City Council Consent Agenda. C. Colella Estates Final Plat – This project has previously received preliminary plat approval by the City Council. This application is for a combination cluster and conventional subdivision for 86 single-family lots located in the northwest portion of the City between SW 309th Street and SW 316th Street, at 30th and 27th Avenues SW. The conventional subdivision portion is zoned RS 7.2 and the cluster portion is zoned RS 15.0. Since the preliminary plat approval, seven of the lots have been relocated. It was m/s/c to recommend approval of the Colella Estates Final Plat Resolution and to place it on the March 15, 2005, City Council Consent Agenda. D. City Center Access Study, Budget Update – The City Center Access Study had a maximum dollar budget amount of $500,000.00 to complete a traffic study for feasibility of an Access Point Decision Report (APDR). CH2M Hill, Inc. is carrying a line item within their contract for Washington State Department of Transportation (WSDOT) expenses to attend, participate, review, and approve the work on this project study. That amount is $25,000. The City is paying WSDOT expenses from the project budget account directly to WSDOT. CH2M Hill, Inc. has requested a maximum contract expenditure of $500,000.00; therefore, staff is requesting an increase of $25,000 to the City Center Access budget, for a total of $525,000.00. The reason for this increase is that CH2M Hill reviewed and analyzed 47 alternatives, while the contract stipulated 25 alternatives, and they reviewed and analyzed 15 alternatives, while the contract stipulated five alternatives. Ms. Zukowski noted that staff has preformed a number of tasks (from giving all public presentations to using black and white graphics in lieu of color) that have led to savings. Ms. Zukowski went on to say the City has collected mitigation funds for this project and staff recommends using $25,000 of these funds. Debra Hansen – She read a February 17, 2005, letter from Weyerhaeuser into the record. The letter states that other alternatives would adversely impact Weyerhaeuser and they stated the South 312th Street is the best option. Margaret Reyhner – She is concerned about impacts to Steel Lake is the South 312th Street option is used. It was m/s/c to recommended authorization of an increase in the project budget to a maximum of $525,000 using collected mitigation funds, and to place this item on the March 15, 2005, City Council Consent Agenda. Land Use/Transportation Committee Page 3 February 28, 2005 G:\LUTC\LUTC Agendas and Summaries 2005\02-28-05 LUTC Minutes.doc E. Steel Lake LMD Annual Report Presentation – Mr. Bucich, Don Robinett, and Dan Smith delivered the presentation on this program that deals with coordinating and funding aquatic weed management for Steel Lake. Mr. Bucich commented that lake residents have responded positively to the results of this program. Margaret Reyhner – She is on the citizen committee for this project and praised staff for their quality work. F. North Lake Aquatic Weeds Grant – Prior to annexation, King County and the residents of North Lake applied to the State Department of Ecology for an Aquatic Weeds Management Grant. The purpose of the grant is to assist residents and the local jurisdiction managing invasive aquatic weeds in the lake. Staff will work on Steel Lake and North Lake at the same time and propose to use on contractor for the aquatic weeds management. The City’s out of pocket expenses are anticipated to be approximately $2,950 over three years. It was m/s/c to recommend authorizing the City Manager to negotiate the final grant details with the Department of Ecology and execute an agreement with Ecology for aquatic weeds management in North Lake. The grant total is expected to be $80,210.33, with a 25 percent match of in-kind contributions and cash match. This item will be placed on the March 15, 2005, City Council Consent Agenda. G. Steel Lake RFB for Aquatic Weeds Management – Surface Water Management (SWM) is preparing a Request for Proposals (RFP) for aquatic vegetation management for Steel Lake that would include surface and underwater surveys for invasive aquatic weeds. If the Council agrees, SWM would like to include a RFP for aquatic vegetation management for North Lake as well. It was m/s/c to recommend authorizing the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic vegetation management for Steel Lake in accordance with the IAVMP for Steel Lake and the direction of the Steel Lake Advisory Board’s annual work plan and the IAVMP and Ecology Grant for North Lake. In addition, direct the City Manager or designee to negotiate a contract based on the proposals and execute the contract in accordance with City purchasing guidelines. This item will be placed on the March 15, 2005, City Council Consent Agenda. I. Mayer Right-of-Way Lease Agreement – The question before the Committee is whether the Council should authorize the lease of unimproved public right-of-way at the end of 53rd Avenue SW to Mr. Kurt Mayer for extension of his tram. Bill Holt – He is Mr. Mayer’s attorney. He brought pictures and drawings to help with understanding of the issue. The Mayers have to park their car 154 feet about their home. They are at a point in life where they find the steps difficult. They have a tram that starts about 120 feet above their home and would like to extend it to about 145 feet above their home. The tram is currently on their property, but the extension would place it on City property. The tram extension would not affect the current walkway that is used by others. Their proposed plan would minimize the effect on the sight line of anyone on top of the hill. Jon Graves – He is Mr. Mayer’s architect. He commented that they are working on a plan that would be non-disruptive to others. They have minimized the height of the tram structure so that one would have to be looking downhill for it to obstruct someone’s vie w. Tim LaPorte – He is the owner of the house adjacent to the Mayer resident. He feels staff has done a good job explaining the proposal. His concern is the parking. The street, 53rd Avenue SW, dead ends where the tram is proposed. They have had problems when visitors park in the way and there is no room for them to get out of their driveway. This also would leave no room for emergency vehicles. He asked the City to place “No Parking” signs on the northerly 20 feet of the street. Sally Favors – She lives in the neighborhood, but does not have waterfront. Currently she is able to use the trail for beach access and asked that the trail be unimpeded during and after construction. Bill Holt – He commented that they are seeking two leases from the City, instead of just one as proposed by staff. They feel the boathouse and deck have no connection to the tram and therefore, should be a separate lease. Also, this would make it easier to terminate a lease as opposed to changing a lease if circumstances should change. In addition, the termination clause states the City can terminate “without cause” and this leaves the possibility open that the lease could be terminated for a frivolous reason. He requested the language be changed to something along the lines of, “With a 60 day notice, the lease can be terminated for reasons that are not arbitrary or capricious.” Land Use/Transportation Committee Page 4 February 28, 2005 G:\LUTC\LUTC Agendas and Summaries 2005\02-28-05 LUTC Minutes.doc The Committee would like to see language added along the lines with that requested by Mr. Holt that states the City would cancel the lease only for a public purpose. Staff will craft such language, have the Law Department review the language, and bring it to the City Council meeting. It was m/s/c to recommend authorizing the City Manager to execute the lease, with the amendment that City staff is to craft language for the lease to the effect that the City can terminate the lease for any public purpose. This item will be placed on the March 15, 2005, City Council Business Agenda. Chair Dovey commented that he has received (and perhaps other Council Members as well?) a letter from Lloyd Enterprises regarding 376th Street. Mr. Roe commented that staff is aware of this letter and have begun a technical analysis of the issue. The Committee agreed that staff would prepare a technical analysis of the issue and submit that to the LUTC. The Committee would then review the analysis and decide if they should take the next step. 5. FUTURE MEETINGS The next scheduled meeting will be March 7, 2005. 6. ADJOURN The meeting adjourned at 8:00 p.m.