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LUTC MINS 12-07-2015City of Federal Way City Council Land Use /Transportation Committee December 7, 2015 City Hall 5:30 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa- Dawson. Council members in attendance: Deputy Mayor Jeanne Burbidge. Staff in Attendance: Public Works Director Marwan Salloum, Deputy Public Works Director /PAEC Project Director William Appleton, Assistant City Attorney Mark Orthmann, City Traffic Engineer Rick Perez, Street Systems Manager John Mulkey, Development Services Manager Edward Walsh, Planner Manager Isaac Conlen, Principal planner Margaret Clark, Senior Planner Matt Herrera, SWM Project Engineer Fei Tang, Senior Traffic Engineer Erik Preston, Senior Transportation Planning Engineer Sarady Long, Associate Planner Leila Willoughby - Oakes, and Administrative Assistant II Shawna Upton. CALL TO ORDER Chair Celski called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT (3 minutes) William Appleton — Expressed appreciation to Councilmember Celski for his thoughtfulness, intelligence, insightfulness and service to the City. John Mulkey — Thanked Councilmember Celski for taking the time to understand the issues and raising questions prior to the meeting which helped staff be better prepared. He appreciates all the time that was sacrificed to serve on the Council and he's earned the respect of staff and citizens alike. Edward Walsh — Reiterated previous statements and thanked him for all his guidance and commitment to the staff at the City and wished him well in his future endeavors. Rick Perez — Expressed appreciation for Councilmember Celski's service to the City. Your thorough review and timely feedback enable staff to make better presentations and improve transparency. The citizens of Federal Way benefit from your diligence and Mr. Perez personally thanks him for his service. Erik Preston — Thanked Councilmember Celski for his service, professionalism and helping staff be better prepared. Sarady Long — Expressed gratitude as a citizen of Federal Way, to have a Councilmember that is approachable and down to earth. Mr. Long recalls the first time they met, the positive impression he was left with and thanked him for his service to the City of Federal Way. Isaac Conlen — Echoed the previous comments made by staff, thanking him for his leadership on the Committee and the thoughtfulness on the many topics staff brings forward to the Committee and wished him success in his future endeavors. Marwan Salloum — Expressed appreciation for what he has done for staff and the City. Mr. Salloum specifically mentioned his heads up emails, phone calls and questions gave staff insight as to how Chair Celski thinks, and how the Committee thinks, so that staff can give a good presentation and keep the items moving forward. In the past, most of the items had to be carried forward to future meetings because staff was unable to foresee questions or concerns that may arise prior to the meeting. The insight he provided gave staff the tools to be able to be prepared and do their job better. Thank you on behalf of all the staff and all the citizens of Federal Way. Mr. Salloum presented Chair Celski with a shovel as a thank you, noting his years of service as Chair of the LUTC Committee signed staff. Committee Members City Staff Bob Celski, Chair Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant ll Lydia Asseta- Dawson, Member 253 - 835 -2703 Chair Celski stated it was very kind of staff to be present to say thanks and noted the shovel will have a special place in his study. He further noted it has been his pleasure to work with everyone and that he has learned a tremendous amount from staff because of the professionalism and knowledge staff brings to the meetings. Chair Celski said he has learned so much as a citizen and has a much better understanding of how the City operates now. It's because of staff and the dedication staff puts in to their jobs and he can't thank staff enough for all their hard work. He specifically thanked Mr. Salloum for his professionalism and leadership and is honored to have been able to serve alongside staff. Diana Noble - Gulliford — She noted that Councilmember Celski will be missed. She said she enjoyed working with him for a short time during her time on the Committee as well. She also expressed thanks to him for heading up the Veterans Memorial Committee. Ms. Noble - Gulliford said she would also like to speak about Item C on behalf of the Historical Society. She further noted that the Historical Society owns the historic cabins near the Hylebos. In the summer, the cabins are open to the public and she can't express in enough words how important the Hylebos trail is to the citizens of Federal Way as well as others in the region. This project will expand the trail and add more value with the interpretive center. She provided a brief history on this property and the previous owners. Until the City has the ability to do a survey to see what can be preserved, the Historical Society would like to have input on the location of the trail as well as the parking lot. 3. COMMITTEE BUSINESS Topic Title/ Description Forward to Council A. Approval of Minutes: November 2, 2015 N/A Committee approved the November 2, 2015, LUTC minutes as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 B. Temporary Suspension of Impact Fees for Change in Use January 5, 2016 Consent Mr. Long stated this is an information only item. He provided a brief background on the code section noting that earlier this year City Council passed a one year temporary suspension of transportation impact fees charged for changes in use that don't add new square footage. The suspension was intended to help track new businesses and generate additional tax revenue for the City. The code section will expire at the end of the year without any amendment. At the January 2015 LUTC Committee meeting, the Committee directed staff to return and provide information on the effectiveness of the program. Staff reviewed about 77 applications related to tenant improvements from January 2015 to December 2015. Five projects benefited from this change in use which resulted in approximately $392k that the City is not collecting. A lengthy discussion was held regarding reasons why this was done, positive and negative effects, budget implications, traffic impacts, possible exemptions based on business type and what options are available moving forward. Committee forwarded Option #1 as amended to move to direct staff to allow the temporary suspension of impact fees for change in use to expire on December 31, 2015 and to report back to the Committee before the end of 2016 with quantifiable data as to those businesses that did not move forward with development because of the fees. The motion was amended further to place this item on the consent agenda for the January 5, 2016 Council meeting. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253- 835 -2703 C. 2015 Surface Water Management Capital Improvement Program Updates Mr. Appleton provided a brief overview stating that the CIP update includes 13 projects. Proposed updates will add three projects, modify four projects and will delete one project. He summarized project additions which include Town Center Park LID Demonstration Project, Regional Flow Control Facility Upgrade Study and Conveyance System Restoration (Slip Line). He further noted information regarding the LID Retrofit which is going to be deleted. He also summarized the projects being modified including Phase V Highway 99 Project — S 344th Street at Highway 99, Conveyance System Restoration, West Hylebos Education Center and Trail and the Bridges Property Culvert Removal and Replacement. Discussion followed regarding the difference between Level 1 and Level 2 flow control, staffing and workload levels, and the potential for the Historical Society to be involved with project elements near the cabins. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 D. South 356th Street Regional Detention Facility Retrofit Project — Project Acceptance Mr. Tang started off by sharing appreciation for Councilmember Celski's service and dedication both from a staff member as well as a citizen of Federal Way. Mr. Tang stated that prior to release of retainage on a public works project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The project was completed below budget. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 E. 2016 -2017 Neighborhood Traffic Safety (NTS) Program- Rejection of Bids Mr. Preston indicated two bids were opened on November 18, 2015. AA Asphalting, LLC was the lowest, responsive, responsible bidder; however, the unit prices quoted for comparable bid items are much higher than the winning quotes received for previous years. He presented specific cost comparisons from previous bids to illustrate the average price increases on comparable work items and quantities. The average increase ranged from 162% to 555% higher than previous years. To accept the current low bid would mean fewer work items per project could be funded with the budgeted amount. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 Ordinance: Amending Chapter 19.45 Federal Way Revised Code (FWRC) - Variances Mr. Herrera explained that the proposed text amendments to Title 19 of the Zoning and Development Code related to variances have been provided. He noted that changes were made as requested by the Committee at the November Land Use meeting. These changes apply to changes requested for relief from measurable standards such as setbacks, height and lot coverage but limited to 25% and less. It's a procedural amendment only and no changes to decisional criteria are proposed. Mr. Herrera stated that, as requested by the Committee, additional opportunity for citizen comment has been provided in the proposal. January 5, 2016 Consent January 5, 2016 Consent January 5, 2016 Consent January 5, 2016 Ordinance First Reading Committee Members City Staff Bob Celski, Chair Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253- 835 -2703 Mr. Herrera took a moment to express gratitude for Councilmember Celski's service to the City and interest in Planning issues. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 G. Acceptance of Water Quality Stormwater Capacity Agreement January 5, 2016 Consent Mr. Appleton stated a grant is being offered to the City by the Department of Ecology in the amount of $25,000 for 2016 with the possibility of additional funding added on to that grant, depending on the ability of funds, in the future for 2017. This is a cash grant that has no grant match requirements and these funds will be used to allow for stormwater permit requirement to be met. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 H. Acceptance of the King County Flood Control District Sub - Regional Opportunity Fund January 5, 2016 Award Consent Mr. Appleton explained that within the King County Flood Control District, funds are set aside specifically for the City each year. The funds have built up and once the City has identified an appropriate project, the City can submit to the Flood Control District for these funds to be used on the project. Staff is asking for permission to submit a request for the funds in the amount of $350,195 to be used for the Marine Hills Conveyance Repair Project. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant January 5, 2016 Funding Consent Mr. Mulkey provided background on this project noting that grant applications were submitted in 2015 under 2015 Transportation Improvement Board (TIB) Funding Program. The project staff is applying the grant to is the Pacific Highway Phase V on S 340" to S 3591h Street. The awarded grant amount is $6M with a required City match of $4M. The City match will be obtained from the existing project grant funding that was awarded to the project in 2014 from PSRC in the amount of $7M so no additional budget funding will be required. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 J. S352 nd Street Extension from Enchanted Parkway South to Pacific Highway South Project January 5, 2016 — Bid Award Consent Mr. Mulkey indicated 11 bids were received and opened on December 1, 2015 for the S 352nd Street Extension Project. The lowest responsive, responsible bidder is Scarsella Brothers, Inc. He briefly noted available funding sources and estimated expenditures. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa - Dawson Committee Members Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member Passed: Unanimously, 3 -0 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant 11 253- 835 -2703 K. State Participating Agreement — Pacific Highway S HOV Lanes Phase V January 5, 2016 Consent Mr. Mulkey stated Washington State Department of Transportation (WSDOT) is responsible for maintenance of pavement on all State Routes within the City of Federal Way. Pacific Highway South within the Phase V project limit was last overlaid in year 2000 by WSDOT. The City has requested WSDOT to provide the estimated overlay funding that WSDOT would have to spend for the overlay of the limits of Pacific Highway South HOV Lanes Phase V project. The State Participating Agreement provides that the City, on behalf of the State, agrees to perform the requirement pavement work by incorporating the design, plans and specifications for the required work into the project. The estimated State contribution to this project is $1,220,424.00 payable to the City and includes cost for the design and construction phases of the project. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 L. Ordinance: Proposed Code Amendment Related to Permits for Encroachments Into the January 5, 2016 Public Right -of -Way Adding a New Section to Chapter 4.25 FWRC Ordinance First Reading Mr. Orthmann provided background on this issue noting that the proposed ordinance allows developers to come to the City, apply for a permit, and construct detachable awnings and canopies over sidewalks. This is a necessity because in the downtown zones, we have zero lot line setbacks for all buildings which means developers build right up to the sidewalk and they have no means to encroach into the right -of -way to build awnings. This gives an avenue for developers while at the same time, not allowing permanent additions that would impact the right -of -way. A brief discussion was held regarding examples of current projects that may benefit from this and Director authority related to requiring removal or maintenance of the structures if needed. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, January 4, 2016 at 5:30 p.m. in City Hall Council Chambers. A recommendation was made to consider changing the meeting to Monday, January 11, 2016 in order to allow new Committee Members to attend. The meeting is tentatively scheduled for January 11, 1016 depending on Councilmember availability. 6. ADJOURN The meeting adjourned at 7:24 PM. COMMITTEE APPROVAL: Bob Celski, Chair Committee Members Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member Attest: Sha a Upton, - snistrative Assistant II !r; — Kelly Malo e ,Member D. i .Assefa -Daw }t, 'feirsber + City Staff Marwan Salloum, P. E., Public Works Director Shawna Upton, Administrative Assistant II 253- 835 -2703