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Council MIN 12-19-1989 Regular aem'he"E- 19, 19R9 __esday, 7:~O p.m. CALL TO ORDER PLEDGE eE ALLEGIANCE TO THE FLAG ROLL CALL OF CITY COUNCIL MEMBERS PRESS ATTENDANCE APPROVAL OF ~nTUTES l2/Sj'?C¡' OLD BUSINESS COMMITTEE REPORTS Human Services Committaa - Meet 12/21/89 7:30 a.m. Land Use Transportation Planning Committee Meet 1/8/90 7:00 p.m. COP" ~EDERAL WAY CITY COUNCIL RE.GULAR MEETING Municiual Building Council Chambers MINUTES Mayor Debra Ertel called the meeting of the Federal Way City Council to order. The Colors were pre- sented by Boy Scout Troop No. 361 under leadership of Scoutmaster Clifford McCollum. Shawn Francis led the assembly in the Pledge of Allegiance to the Flag. DEBRA ERTEL, MAYOR, MARY GATES, DEPUTY MAYOR, JAMES HANDMACHER, JOEL MARKS, ROBERT STEAD, LYNN TEMPLETON, AND JAMES WEBSTER. KURT HERZOG, Federal Way News (Official City News?aper) MICHELE FLORES, Seattle Times and JOE TURNER, Morning News Tribune. MOVED Rv ~EBSTER, SECONDED BY STEAD, T~ A~END THE MINUTES OF 12/- 5/8~ COUNCIL MEETING WITH CORRECTIONS AS FOLLOWS: Pg. 2, Lines 6-7 from bottom of page, i::lsert wott!::."library" has not changed in many years-- Pg. 5, Line 2 from bottom of ~age, R~LL CALL VOTE ON ANNEXING TO FIRE DISTRICT #39, AVE: GATES, HANDMACHER, TEMPLETON, WEBSTER AND ERTEL. NO: MARKS, ABSTAIN: STEAD. CARRIED. Pes. 6, Line 3 from bottom of page-,- "Sexual Assault Resource Center." ,p?;.. .6.,.LineI9,-.20 MOVED BY GATES, SECONDED BY MARKS: ~b'tONCDR. CARRIED. City Attornev to check document as to prover legal form. (Ex-tendin¡:r, Auburn Deuositorv Agreement to 2/28/9.0!:.} MOVED BY TEMPLETON, SECONDED BY '1ARKS, TO APPROVE THE MINUTES 0"1" l2/s.~/89- AS AMENDED. CARRIED. Human Sarvices Committae Chairman Templeton announced 12/21/89 maeting at 7:30 a.m. to hear Roberta McDonald, TLC, Drug and Alcohol Counselling Program. ~ommittee members Gates and Marks.) Land Use and Transportation Plannin~ Committee Chair- man Handmacher announced January 8 meetin~ at 7:00 p.m. The committee has reviewed the draft Comprehensive Plan, final adoption to be considered at continued hearing, January 23, 1990. The Zoning Code has been reviewed with consultants; Ron McConnell td report back January 8, 1990. Other matters under committee study include S.W. 344th from Campus West to SW 21st. The County did an impact study for alternatives. No action recommended at this time on these matters. MOVED BY HANDMACHER, SECONDED BY STEAD, TO AUTHORIZE CITY '1ANAGER LOCKE TO HIRE KAY SHOUDY., (Consultant of Wilsey & Ham/Pacific, two days per week throu~h ~/2S at ryresent hourlv rate. to act as advisor and to , COUNCIL MINUTES December 19, 1989 (cont.) "Land Use/Trans. PIa n. C omm it tee (cont.) Budget/Finance Committee meeting Jan. 2, 1990 7:00 a.m. Public Services Committee meeting Friday 12/22/89 7:30 a.m. 1/10/90 Public Comment Desired Level of Police Services. Personnel and Facilities Committee Meet 12/27/89 7 :30 a.m. Personn~1. MedicallDental L if e Benef its Parks, Rec~e2tion, CuI tU rat-, Af,~ à:i,r s ' Comm it tee Consent Agenda Vouchers 50468- 50477 $38,509.11 check availability of personnel loan from other cities regardin~ building permits, etc.; City Manager Locke to continue to ne~otiate with the County regarding permit services in event the Federal Way Department is not in place by March 1. CARRIED. SANTA ARRIVED, DISTRIBUTING CANDY CANES THROUGHOUT THE ASSEMBLY AND ¥ISHING ALL A MERRY CHRISTMAS. Budget/Finance Committee Chairman Gates announced off- Tuesday meetings and 1/2/90 meeting 7:00 a.m. The 1990 Budget is in process, the committee also working on revenue and expenses. Adoption of Final Budget ~ill be considered at 1/23/90 hearing. (Committee Members ~'¡ebster and Marks) City IS insurance is retroactive to 9/2 8/8 9~,.ah'a,.!Í:r-'m.an Gates was happy to report. Public Services Committee Chairman Marks announced meeting oñ Friday at 7:30 a.m. Committee has reported ~o-Cify'Martager-Locke regarding Kent Jail Services contract and is meeting with the City Manager regarding Public Works,information also being gathered from the County on Public Services and if those services might be contracted.The Committee will meet January 10 for. public comment regarding desired level of police services. (Gates and Stead Committee members.) Personnel and Facilities Committee Chairman Stead noted his committee meets the second and fourth Wednesdays, (Webster and Ertel serving on this committee.) Meeting was announced for Wednesday, December 27.at 7:30 ~J!\i'.j Medical Dental/ Life benefits package report is ready.Mr.Ray Tomlinson had submitted various plans, reviewed by Council, committee recommendation now ready. MOVED BY STEAD, SECONDED BY HANDMACHER, TO ACCEVT THE "OpT ION B PLAN" SU BM ITTED THI SA. M. The pro po sal wa s noted to be very clear and concise, staff and committee commended. MOTION CARRIED. Parks, Recreation and Cultural Affairs Committee Chairman Webster announced meetin~ on Wednesday, at 7:30 a.m. Agenda included ~o refine and finalize ëommittee recommendations on 1990 Budget requests. also ,a, presentation by Star Pack group regarding development of a Performing Arts Center. Finance Committee Chairman Gates reported Vouchers No~. 50468-50477 , have been reviewed and approved by the Committee and Council approval for payment recommended at t his t im e . MOVED BY TEMPLETON, SECONDED BY GATES, TO APPROVE THE VOUCHERS AS SUBMITTED. CARRIED. (2 ) COUNC¡L MINUTES De~ember 19, 1989 (cont ~ 1- ORDINANCES/ RESOLUTIONS ORDINANCE 89-12 Imposing Leasehold Tax ORDINANCE 89-13 Uniform Appeal Period ORDINANCE 89-14 General Penalty for Ordinance Violation RESOLUTION 89-11 Adopting an Interim Bu d get, 1 / 1 / 9 0 - 2/27/90 RESOLUTION 89-12 Approv. Particip. in PERS. Finance Committee Gates advised if buildings are ~tatEu~r County owned the City may not ~91Iect'~roperty tax/may collect leasehold rental tax, rather than the County Ordinance of the City of Federal Way, WA. was placed on ~inal rteading imposing a Leasehold Excise Tax, enabling the city to obtain the local share of existing taxes imposed by the State and King County. MOVED BY TEMPLETON, SECONDED BY MARKS, TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE: ALL AYES. CARRIED. An Ordinance of the City of Federal Way, WA. was placed on Final feading establishing a Uniform Appeal Period in the absence of said appeal period being established either by Ordinance or State Law. MOVED BY HANDMACHER, SECONDED BY MARKS, TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE: ALL AYES. CARRIED. Ordinance of the CIty of Federal Way, WA was placed on final ~eading establishing a General Penalty Provision for violation of City Ordinances where a Specific Penalty is not otherwise provided. MOVED BY MARKS, SECONDED BY STEAD, TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE: ALL AYES. CARRIED. Resolution of the City of Federal Way, WA. City Council was read adopting an Interim Budget prior to Incorporation for the period of January 1, 1990, through February 27, 1990. MOVED BY MARKS, SECONDED BY GATES, TO ADOPT THE RESOLUTION AS READ. CARRIED. A Resolution of the City Council of the City of Federal Way, WA. was read authorizing and approving participation in the Washington Public Employees Retirement System. MOVED BY WEBSTER, SECONDED BY GATES, TO ADOPT THE RESOLUTION AS READ. Discussion ensued against the motion regarding less interest from State vs. Private Plan; incorporation purpose being for local control; State unfunded liability, lack of adequate information. Discussions for the plan W~Ãe committee had spent a lot of time looking at all aLternatives; there is a defined benefits system and defined contributions, risk is on the system and employees, the biggest factor being portability upon hiring people from other cities. Every City in the State except the 3 large 1st class cities belongs to PERS and when they change jobs they don't want to go into another system, the 3 private (3 ) Fe~erql Way Council Meetin~ Minute's 12../19-/89- lCqnt..l... ESOLUTION NO. 89-12 (Cont. ) large city plans the same as PERA since they have enou~h people to form their own benefit plan. After 1istenin~ to all of the input the committee decided to recommend PERS. Counci1members remarked that although not comfortable sometime ago, a lot of new informa- was received and no maior opposition could be found to PERS and no ~ood reason not to support PERS was evidenced. Upon inQuiry re~arding council being covered, it was noted a certain salary level must be met; the city attorney advising PERS I had been open to council but not PERS II. In further comments it was noted that comments against PERS had validity, however, it was desired that Federal Way be the very best city possible and that requires bringing in the very best personnel possible and not joining PERS would result in people not wanting to come to work for Federal Hay. It was again pointed out that the State has unfunded public liability which is going to be Daid; Non-union not on PERS and will do a a lot better; as far as good people, Tacoma, Seattle and Spokane have adequate people. ~e could copycat; if people on pension are vested with 5 years of service they could come here and remain vested; also if someone comes here from elsewhere they would not care if they have PE~~; will get some people from out of State. ~ . . - --.-. .' ::: - . - J ~uestion was called on the pending motion. AYK: F.ANDMACHER~ STEAD, TEMPLETON', HEB~;TER, ERTEL, N'O: MARKS ABSTAIN: GATES (Husband handles pension fund investmentsL As there was no further discuss~on of the .matter, Mayor Ertel declare.d a 5,...minute recess. The meeting reconvened at 8:10 p~m. with all council members present as p.reviously li.sted. ~U:.~!¡ ~C ' ~~ ~~?/;- rRE.~EN'J:AT~O~ BY KAY SHOUDY., DRAFT CO!1PR,ERENS rYE PLAN Mayor Ertel introduced Kay ShbudYi~onsultànt, with Wilsey & Ham/Pacific, Land Use Planning,Inc. who explained the purpose of the plan~ why it is necessary and some of the major land use changes made~ Maps displayed on the wall with color coded areas were used in explaining the five parts of the plan: 1, Housing/Population~ 2. Commercial/Industrial, 3, Open Space, 4. Natural Environment and 5~ Transportation. It was noted that the plan has been drqt;ted to meet mandatory reQuirements of the Optional Municipal Code. The Land U~e Policies ana Maps lead to the city's regulatory system, serving as a guideline and providing framework for the (4 ) Federal Way Council Meeting Minutes, 12/19/89 (cont.) URESENTATION BY KAY SHOUDY,CONSULTANT. Federal Way Comprehensive Plan (cont.) PUBLIC HEARING OPENED FOR COMMENT CORRECTED - REFER TO MINUTES OF 1/9/96- translation of King County plan into the Federal Way Plan. As soon as the city is incorporated and has a Plannin~ Department the permit process can begin. City Center boundaries were defined:Not<1d!l.~' SH 3l2th, 11th Ay:e~~:g..'c.on.:the, Hës.t::,I-5', East"and S~W. 336th on the Bouth. OIf1ce Parks area croaaened; R.M. only in the city center (peach); High Density resi- dential Use (Gold), Urban residential 8-12 dwellin~per acre. Combined agricultural use into very low density residential, 1 dwelling unit per acre and 1 per 5 acre tract, Two separate zonings. 2-3 dwellin~s per acre (light green) Low density focused on environ- ment sensitive areas. Community business and neighborhood business. Central Business will be eliminated in most areas except 21st and 336th and will remain community business areas. Neighborhood business will become more re- st¡ricted and limited in size. r. Zoning for ~ RM"1800-2400 would be limitedf 900 developmen~ density would bereatricted to the ~ity center. 'R~ 900' would/ß&hgöK~Sånd would go to Single F&mily. Open Space is incorporated into one category. Consultant Shoudy concluded her presentation, attention called to new revisions. Land Use and Transportation Committee Chairman Handmacher noted list of corrections compiled by the Committee to be incorporated into the plan; the RR 900 classifications outside of the central business district to be chan~ed; thwse now developed for Professional Offices will remain. Those not yet developed will be changed. The maps displayed tonight will be considered by the committee in later meetings, the hearing to be continued. The Comprehensive Plan is not a regulatory document. Ordinances will be adopted in accordance with the Community Development Plan, which is an~advisory guideline. Neither the maps nor plans are final documents but it is the intent to get them in place by incorporation in order that the moratorium can be lifted. Full public process to involve citizens committee at a later date the present documents for transitional purposes. THIS BEING THE DATE SET AND PROPER PUBLICATION AND POSTING REQUIREMENTS HAVING BEEN MET, MAYOR ERTEL DECLARED THE PUBLIC HEARING ON THE FEDERAL WAY COMPREHENSIVE PLAN NOW OPEN FOR PUBLIC COMMENT. Communications were acknow- ledged from investment property owners Marvin Johnson, Edward Novak, Deonald E. Minahan and Oscar I. Hanson; from Robert S. Roper, President, Mirror Lake Residents' Ass'n. and Ilene Marcky. (5 ) uÇ) I-~ ffi~ u.. 0\.' ~~ au.. - wo I-cn Ow wI- cc;:) CCz 0- o~ Federal Way City Council Regular meeting Minutes 12/19/89 Speakers at 9ublic Hearing on Comprehensive ~lan for Federal Way 1. Frank Kilgore, 30427-lst Place So., Federal Way - complimented the council on their job - was unhappy about campaign signs and other signs left after the fact - doesn't want more apartments built - wants more single family dwellings - we need industrial park to bring in people and jobs - we don't need anymore small office buildings as too many are empty at this time and should make contractors sign agreements to complete occupancy at time of building - unhappy because apartment dwellers don't pay property taxes for schools, etc. 2. Bob Wojnicz, 941 S. W. 296th St., Federal Way - complimented the committee and the consultant who worked on the comprehensive plan for the good job - concerned about wetlands and the area around the sound - happy they are maintaining low density areas in those locations. 33603-33rd Pl. So., Federal Way, 3. John Mingus/- in looking at map he can see his residence is excluded from Federal Way area, but would like to say that he is concerned about the impact that Federal Way could have east of 1-5, which is a rural area- seems that the major concern of the land is the dollars and cents and he feels that we need to remember that trees and natural vegetation and clean water and air is the basis of life that goes on with good economic and other things the city has to offer, so let's not turn the evergreen state into a never green state. #G-10l 4. John Metcalf, 208 S. W. 3l9th Lane,/ Federal Way - expressed concern regarding the high density area in the central area only, and especially the Belmore Park area, that if the prices rise many of the tenants will find themselves evicted, so that high density apartments could be built doesn't know what can be done to protect current mobile home parks,but he is hoping something can be done since most of the people residing in those parks are wanting to make their residences their permanent and final residences for their retirement years. 5. Richard Feutz, 2329 S. 304th, Federal Way - wants to talk about Ordinance 9154 - earlier Dick Burris, President of DIRE, sent message that should have been heeded alitt1e closer than it was; he asked that the city council take a look at the application of controls of 9154, today he attended a meeting on the Evergreen Airstrip where the city sent a representative to ask for a 2-month continuance from the county, so that the City of Federal Way could exercise control - he doesn't think this should have been continued for that period of time. 349l5-4th Ave. So., Federal Way, 6 . I 1 en e Mar c kY./ - she fee 1 s Fed era 1 Way s h 0 u 1 d con sid era pre - 0 r din a n c e like Mercer Island had, where the community gets out and doesn't quite trust the planners, so that they can get out in front of commercial disasters such as Emerald Forest where the area is stripped of its natural habitat and vegetation - doesn't mean that it will be over-restrictive, but just' protects trees and their removal with good cause, i.e., Peasley Canyon, Lakota Canyon and Redondo Canyon - - q- ..;.-~._. '{' '~J ,"'-",..-.. "~_V"'.J Minutes 12/19/89 PUBLIC HEARING - COMPREHENSIVE PLAN AUDIENCE COMMENTS (Cont. - Ilene Marcky) green banks should be protected on at least one side of the canyons - trees should be left in front of developments to make them more pleasing for people - commercial signs should have some direction in essential aspects, such as colors, etc. - residential should be able to use just one tasteful and pleasing sign - one area that bothers her is 348th and intersection of 1st Avenue (across from Emerald Forest) there is a high bank with trees, but has heard ~umors of what it will be used for in the future, originally it was to be used for office complex only, but if zoning is changed doesn't know what might be allowed to go in, so she hopes the council will keep a ~lose eye on this area. 7. Mark Freeland, 31433-49th Pl. S. W., Federal Way - wanted to commend the council on their work so far - lives in Dash Point area - he feels most people in the Federal Way area live here because of the environment - sensitive areas are very important and even though the- provide a non-monetary benefit to the residents they are necessary to future use. 8. Rob Reuber, 1515 So. 350th, Federal Way - he represents Evergreen Industrial Park - he is concerned about the areas that bring in alot of property taxes and in looking at the zoning map there is a real opportunity for the 83 acres of land, so that it fits into the planning of the area and becomes productive use that will produce alot of jobs and feels that we need to generate those tax dollars and bring those projects into the area. Mayor Ertel then asked if there were any other people who would like to speak on the comprehensive plan and sincp there were none, it was .MOVED B'f",HANDMACHER, SECONDED BY MARK$,-rO CONTlI'iU-E T~E::HFARING ON THE- ~OMP.REHENSIVE".p-LAN ,10 January 23, 1990. THE MOTION ,',CARRIEÒ'. ' ~UDIE~CE_CQr~H~ENT: .'. -' The following people addressed the Ccun¿t1PD various other issues. 1. Ray McMullin, 1205 So. 3l5th, Federal Way - has a question - if people are going to develop a new area as an industrial type area, is there anything going to be done to keep the trucks off 99 and 348th and from them skirting the weigh station on the 1-5 or is it going to remain as it is now? 368th & 2nd. SW 2. Ed Ewart/ - concerned about an area around 368th and 2nd Ave. that is torn u~ because of construction, as well as contractor leaving around lumber - he is concerned that children playing in area could be injured or cars at night might not see the debris since there are no street lights, etc. in the area. He has called King County, but they referred him to contractor who has not done anything yet. 3. Ray Tomlinson, 2223 S. W. 307th, Federal Way - at first thought he was in Russia- allowing PERS to become effective - 2 weeks ago the committee came to the council and wanted to pass a resolution without hearing any comment or public comment and the :mat:ter"wël:,S ,',., , sent back to committee but fell on deaf ears - feels private insurance -if. Federal Way Council Meeting , Minutes - 12/19/89 PUBLIC HEARING COMPREHENSIVE PLAN AUDIENCE COMMENt: (Cont. - Ray Tomlinson) will produce a much better return for retirement monies - he said the council had been told some:~ings this evening that are incorrect and the council voted on them without public comment - he feels employees will come to the City more with a private retirement because it is better - he has very negative feelings about PERS and wants the council to reconsider the. motion and votes to join PERS. 4. Ed Opstad, 29604-11th Place So., Federal Way - first he would like to commend the council for the land use hearing tonight - he thinks it is timely and good that no firm decisions have yet been made - .he was uneasy the last time he was at council meeting when they were discussing the fire district because by the time it came to public hearing everybody's mind was already made up - he mentioned the council had been criticized tonight on the PERS issue and there is alot of feeling on this issue that has not been resolved - he doesn't think the full impact of PERS is clear to everyone, so he would like to see the council propose a motion to reconsider on this issue and then have another committee and public meeting, i.e., January 9, 1990. 5. .Bernard Sweeney, l6010-16th Ave. So., Federal Way - wanted to make a very general comment - he is very disturbed about the amount of new traffic signals that are appearing in the area and feels that most of. them are unnecessary, in fact, he doesn't feel any of the new ones are necessary - another thing that would save $3,000,000 would stop allowing left-hand turns on 16th Ave. So. onto Highway 18 - there should be an overpass there. There being no further business to come before the counci 1, the Mayor adjourned the meeting at 9:15 p.m. ~føw (/. ~4L De ores A. Mead, Ci y 'Clerk, CMC f?Jl~ ~ Debra Ertel, Mayor ." -a.-