LUTC MINS 01-09-2017City of Federal Way
City Council
Land Use /Transportation Committee
January 9, 2017 City Hall
5:00 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Bob Celski and Committee members Lydia Assefa- Dawson
and Mark Koppang. Council members in attendance: Deputy Mayor Burbidge.
Staff in Attendance: Public Works Director Marwan Salloum, Deputy Public Works Director /PAEC Project Director EJ
Walsh, Deputy Public Works Director /Street Systems Manager Desiree Winkler, Assistant City Attorney Mark Orthmann,
Community Development Director Brian Davis, City Traffic Engineer Rick Perez, Surface Water Manager Theresa
Thurlow, Senior Planner David Van De Weghe, Surface Water Management Engineer Tony Doucette, Senior Traffic
Engineer Erik Preston, Engineering Plans Reviewer Kevin Peterson, Street Systems Engineer Jeff Huynh, Senior Planner
Stacey Welsh, and Administrative Assistant II Shawna Upton.
1. CALL TO ORDER
Chair Celski called the meeting to order at 5:02 PM.
2. PUBLIC COMMENT (3 minutes)
There was no public comment.
3. COMMITTEE BUSINESS
Forward to Council
Topic Title/ Description
A. Approval of Minutes: December 5, 2016 N/A
Committee approved the December 5, 2016 LUTC minutes as presented.
Moved: Koppang Seconded: Assefa- Dawson Passed: 2 -0; Celski
recused.
B. Olympic View '16 NTS — SW 330th St (21st Ave SW to 26" Ave SW) January 17, 2017
Consent
Mr. Preston indicated a petition was submitted on May 23, 2016 by the citizens of
the area over concerns of excessive speeding, cut - through traffic and pedestrian
safety. The minor collector street was evaluated and met the minimum severity
criteria. A community meeting was held and the attending group was interested in
either three speed humps or two speed humps and a mini - roundabout. Those two
options were sent out to ballot and the advisory ballot results, as well as staffs
proposal, aligns with favoring three speed humps. The projected costs fit within
the per- neighborhood budget.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Koppang Passed: 3 -0
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P. E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppang, Member 253- 835 -2703
C. 2016 Asphalt Overlay Project — Final Acceptance January 17, 2017
Consent
Mr. Huynh stated that prior to release of retainage on a Public Works construction
project, the City Council must accept the work as complete to meet State
Department of Revenue and State Department of Labor and Industries
requirements. Construction on the project is complete and the final construction
costs came in below budget.
Committee forwarded Option #1 as presented.
Moved: Koppang Seconded: Assefa- Dawson Passed: 3 -0
D. Groundwater Interceptor Trench in SW 330th at 49th Ave SW — Project Acceptance January 17, 2017
Consent
Mr. Doucette indicated and underdrain in the Stone Brook neighborhood was
installed to address groundwater seepage and associated pavement concerns.
Prior to closing out the project, the City Council must accept the work as complete.
Final construction costs came in below budget. Mr. Doucette presented before and
after pictures of the project area.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Koppang Passed: 3 -0
E. Resolution: Approving Eagle Manor Final Plat January 17, 2017
Consent
Mr. Van De Weghe presented the final plat for Eagle Manor. This plat is 3.11 acres
and is accessed off SW 344th St by the Twin Lakes Park and Ride. There are 12
single - family lots that range in size from 7,207 to 8,244 square feet. The
procedural summary was outlined as well as current pictures of the plat. The
applicant has fulfilled all conditions of the preliminary plat approval, the plat meets
applicable codes and policies and the construction is complete or financially
secured through bonds.
Committee forwarded Option #1 to the January 17, 2017 Council
consent agenda.
Moved: Koppang Seconded: Assefa- Dawson Passed: 3 -0
F. Final Administrative Decision and Appeal Process N/A
Mr. Orthmann stated at the last LUTC meeting, Committee asked that staff return
with a presentation to discuss some of the pros and cons of our Administrative
Appeal Process and how we handle final appeals. Back in the Spring of 2014
Council passed an Ordinance to delegate authority and responsibility for making
certain land use decisions, permitting decisions, and final appeals to the Hearing
Examiner. This essentially put the decision making role for permitting decisions
and other appeals out of the hands of the Council and into the hands of the
Examiner. This was done for a few different reasons. The Hearing Examiner is a
land use expert and an attorney that deals frequently with these matters. They are
a third party that has an objective view which allows them to provide a decision that
is not based on any outside influences. It also opened up the Council to be able to
seek citizen input. One important note about switching over from the Council being
the final decision maker over to the Hearing Examiner is that when the Council sits
as the quasi - judicial decision maker, you can't talk about or take citizen input on
land use decisions. It limits the ability for Council to interact with their constituents.
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P.E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppang, Member 253- 835 -2703
When you sit as a decision maker and a permit comes up, you can only consider
what has been entered into the record. That is usually the applicant, the
application, any formal comments that were made, the staff report and what
happens during the hearing before the City Council. If a Councilmember makes a
decision that is based on any information that wasn't contained within the record,
wasn't presented or if there's any perceived bias, then it brings up an appearance
of fairness issue and any decision made by Council can be overturned. Any time
a body sits in a quasi - judicial capacity, not only to they have to be fair and follow
all the procedures but it also has to satisfy the appearance of fairness doctrine
under state law. In essence, it takes the onus away from Council to have any issues
of any appearance of fairness, any bias questions and allows a third -party land use
expert be able to control the process by rendering objective decisions regarding
permitting issues. Councilmember Koppang shared his frustration that Council
recently sat through hours of public testimony regarding the Weyerhaeuser
property and having the public, who Council represents, come to the conclusion
that Council doesn't matter in the process was upsetting. He further stated his
understanding was that Council is not allowed to respond to the citizen input
anyway and asked Mr. Orthmann for clarification. Mr. Orthmann stated that his
understanding is correct with regard to specific permitting decisions because when
you are working through a specific permit, you are sticking to the law that's applied
to that individual application and it avoids a constituent applying a certain amount
of political pressure on a Councilmember and putting them in the position of having
to follow a process or follow something that may be the most politically expedient.
Discussion continued regarding the former quasi - judicial decision making and
current practice. Councilmember Assefa- Dawson asked at what point in the
process Council would be informed of what the Hearing Examiner decision is. Mr.
Orthmann explained Council will be informed when the decision gets made and
clarified the roles of the Hearing Examiner and Council. He pointed out that City
Council has the ability and the authority to take proactive measures to take a
broader look at zoning and to set policies in the vision for the City but under the
system that has been Out in place since 2014, Council does not fit into the chain
of events if there is an appeal or as the initial decision maker and explained what
the Council role looked like prior to 2014. Mr. Orthmann indicated that the current
method of decision making is the most common and accepted way for jurisdictions
of common size to Federal Way to move through their permitting process. Deputy
Mayor Burbidge recollects several instances when Council sat in a quasi - judicial
manner and stated it was frustrating not to be able to have any conversation and
to try and explain why that was the case. She also wants to make it clear that the
only time either the Council or the Hearing Examiner would have a role is if a permit
decision by the staff is challenged with an appeal. Mr. Orthmann noted that it
depends on which process it is and explained the differences. Councilmember
Koppang wondered if there is any way to find some middle ground that would allow
the Council to have an increased role. Mr. Orthmann stated he would look into
other options but he is unaware of any other method being used in the State other
than the ones discussed. Typically, smaller cities often utilize the quasi - judicial
method whereas larger cities typically use a Hearing Examiner because it affords
the Council the ability to participate with their constituents and for the elected
officials to be responsive. Councilmember Koppang would like staff to report back
if there are any other options so it can be discussed further. Chair Celski asked if
there were any actions that IRG has initiated to go to the Hearing Examiner now
that he may be unaware of. Mr. Orthmann indicated there is currently a code
interpretation appeal and provided a brief explanation.
Committee Members City Staff
Bob Ce /ski, Chair Marwan Salloum, P.E., Public Works Director
Lydia Assela- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppang, Member 253- 835 -2703
G. Interagency Agreement with Washington State Department of Enterprise Services
and Authorization to Apply for a Grant Related to the LED Street Light Conversion
Project
Ms. Winkler presented background information on this project noting they have a
preliminary project scope and costs put together. The City has two different sets
of lights; the Puget Sound Energy owned and maintained lights and then the stand
alone city owned and maintained lights which include the decorative lights along
S 320th Street and Pacific Highway primarily. In order to convert all current lights
to LED street lights it would cost just over 3.3 million dollars. Ultimately the City
will save money from reduced energy usage and maintenance costs because the
LED's can last up to 20 years versus the current bulbs which only last two or three
years and have other maintenance issues such as ballasts. LED's also have higher
light quality and upgrade control options such as dimming which would result in
further energy savings. She outlined energy savings performance contracting
which is the method used to identify, construct and finance energy and utility
conservation. This uses the money that is saved in energy costs and utility rebates
to pay for the project costs and the consultant guarantees maximum construction
cost and energy savings achieved. Staff has selected a company called Ameresco
based on qualifications and local references. Washington State Department of
Enterprise Services will provide project management throughout project
development, construction, and post construction verification of energy savings.
She further outlined a grant opportunity and other steps that will be taken moving
forward. Discussion was held regarding what the grant funds cover, how Puget
Sound Energy would fit into this process with the lights they own, what the City
commitment will be by accepting the grant, if any studies have been done that
determine how long it would take for this type of investment to pay off and the
timeframe requirements for the project.
Committee forwarded Option #1 as presented.
Moved: Koppang Seconded: Assefa- Dawson Passed: 3 -0
H. Resolution: Acceptance of Grant Funding for Transportation Improvement Projects
— Authorization to Accept Grant Funding
Ms. Winkler stated federal grants require a Resolution to accept the terms of the
grant prior to obligation of funds. The City has been awarded federal grant funding
for two projects through the Innovative Safety Program. Both the adaptive Traffic
signal Control System and the Military Road and S 298th Street Compact
Roundabout projects received grant funding. She briefly mentioned other projects
that were unsuccessful in receiving grant funding. A discussion was held regarding
the purpose behind the proposed roundabout on Military Rd and S 298th Street.
Mr. Perez was called up and noted there were some collision patterns the city is
trying to prevent at this location. The first is a sight distance restriction at S 298th
Street coming from the west and the other was the lack of a northbound left turn
lane which was causing drivers to take a gap that was too small or being stopping
and getting rear ended. Those two collision patterns would be addressed by using
the roundabout. Chair Celski asked if there will be opportunities to resubmit for the
unsuccessful grants. Ms. Winkler indicated staff will be meeting with grant funding
representatives to seek input and will continue to look for other grant opportunities.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Koppang Passed: 3 -0
January 17, 2017
Consent
January 17, 2017
Consent
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P.E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant !I
Mark Koppang, Member 253 - 835 -2703
Asphalt Overlay — Joint Construction Agreement with Puget Sound Energy for the
SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S)
Ms. Winkler indicated Puget Sound Energy (PSE) is completing a gas main
replacement project on SW 330th Street between 6th Ave SW and 1st Ave South.
PSE is required to complete a full -width asphalt overlay of the project limits. As part
of the 2017 Asphalt Overlay Program, the City is scheduled to complete a full -width
asphalt overlay of 10th Ave SW which is adjacent to PSE's project limits. PSE
requested to add SW 330th Street to the 2017 Asphalt Overlay Program as a
separate bid schedule. The Joint Construction Agreement requires PSE to pay
actual costs for design, construction and construction management. Benefits of
this joint agreement include the work being completed in a timely manner, it will
minimize impacts to the traveling public, ensure consistent quality of the asphalt
along the same corridor and there may be potential savings to PSE for being part
of a larger project. PSE will still be required to complete full -width asphalt overlay
on their remaining project limits in the West Campus neighborhood as staff did not
have the resources available to include these additional project limits. A brief
discussion was held regarding potential cost savings and how the City benefits by
working with PSE on this portion of the overlay.
Committee forwarded Option #1 as presented.
Moved: Koppang Seconded: Assefa- Dawson Passed: 3 -0
Resolution: Setting Public Hearing to Amend the 2017 -22 Transportation
Improvement Plan
Mr. Perez noted staff is seeking the amendment to add two safety grants that were
not on the current 2017 -22 Transportation Improvement Plan. In order to move
forward with those projects, they need to be added.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Koppang Passed: 3 -0
4. OTHER
January 17, 2017
Consent
January 17, 2017
Consent
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, February 6, 2017 at 5:00 p.m. in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 6:26 PM.
Attest:
a Upton
Administrative Assistant II
Approved by Committee:)* (eq, )V'01 7
Committee Members City Staff
Bob Ce /ski, Chair Marwan Salloum, P.E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppang, Member 253 - 835 -2703