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Council MIN 03-20-1990 Regular March 20,1990 Tuesday, 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF COUNCIL STAFF PRESENT PRESS ATTENDANCE SPECIAL RECOGNITION Federal Way High School Groups and Student Achievements SPECIAL PRESENTATION PROCLAMATION Federal Way Philharmonic Orchestra AUDIENCE COMMENT Goodwill Games - Federal Way School District Request to place banners FEDERAL WAY CITY COUNCIL REGULAR MEETING Municipal Building Council Chambers MINUTES Debra Ertel, Mayor, called the regular meeting of the Federal Way City Coucil to order. Councilmember Marks led the Pledge of Allegiance. DEBRA G. ERTEL, Mayor, MARY E. GATES, Deputy Mayor, JAMES W. HANDMACHER, . ROBERT STEAD, LYNN J. TEMPLETON, JOEL R. MARKS AND JAMES E. WEBSTER. ALLEN C. LOCKE, City Manager, JOHN D. WALLACE, City Attorney, BRUCE LORENTZEN, Building Official, GREG D. MOORE, Land Use Manager, DELORES A. MEAD, City Clerk, and CHRIS GREEN, Senior Secretary. KURT HERZOG, Federal Way News, (Official City Newspaper), MICHELLE FLORES, Seattle Times, and DAN VOELPEL, News Tribune. Mayor Ertel called attention to presence of Federal Way High School students who have achieved State Champion and/or other outstanding achievement awards. Students and staff members were introduced and given ovation recognition. Girls Basketball Team placed second in State AAA Tournament; also, their combined G.P.A. is 3.2. Boys Basketball Team made AAA Tournament Final Four; All State Choir, Outstanding High School Choir in State. All State Band (giving a concert tonight), DECA students who qualified for Nationals; State Championship Speech Team, represented by Angie Thompson, others in school play rehearsal tonight. (See Attached list of students). Councilmember Webster advised that Decatur High School Girls Basketball team also made State, Mayor Ertel expressing desire to honor all schools during the year. Mayor Ertel read Proclamation recognizing important contri- bution to the culture of Federal Way by the Federal Way Philharmonic Orchestra. A 200 voice choir, featuring Soviet, Chinese & Afro-American soloists to join the orchestra to to perform a Goodwill Heritage Celebration in conjunction with the Goodwill Games at the Seattle Opera House, Friday, June 1,1990 at 8:00 p.m. Mayor Ertel encouraged the Council, residents and business men and women of the City of Federal Way to support the event. Judith Wall, Federal Way School District, 31405~- 18th Avenue South, requested variance from the sign code to place banners of welcome by 23 cultural groups of the Federal Way area, for Goodwill Games. Council advised formal application needs to be filed with the Building Department. -1- COpy TI:DERAL WAY CITY COUNCIL Regular Meeting March 20,1990 (Cont.) AUDIENCE COMMENT Les Schwab Tires proper:;y BN now BC, proposed use not allowed Goodwill Games Committee request to place banners, City urged to purchase signs "1990 Goodwill Games" for display Press objection to City Manager Interview Process Petition for City Name Change Vote MINUTE APPROVAL February 20, 1990 Meeting VOUCHER APPROVAL Nos. 100001-41 $93,362.16 Vern Atwood, Les Schwab Tires, P. O. Box 667, Prineville, Oregon, 97754, advised of the Tire Center Retirement Trust Fund purchase of properties in Federal Way, north of SW 336th and 21st Avenue SW, zoned BN under King County and proposed tire center use permitted. The new city code indicates BN but automotive services downzoned by BC (Business Commercial) and no variance available nor zone change at present. The matter was referred to the Land Use Committee for discussion at 3/26/90 meeting if agenda allows, chairman to notify. Roger Hurst, representing the Goodwill Games Committee, 2120 South 320th and Decatur High School Decca students, requested Variance to place Goodwill banners "1990 Goodwill Games" throughout the city, to be displayed at individual businesses. Sample was displayed, the city also requested to purchase approximately 100 of the signs and brackets at cost of app. $113.00 per sign. Mr. Hurst was directed to file application for banner permit with the Building Department. Dan Voelpel,reporter, Morning News Tribune, 32050 - 23rd Ave. So., Federal Way, filed objections to procedure by council in conducting City Manager candidate interviews; that Open Meetings Act allows Executive Sessions "to evaluate qualifications of applicant", interviews felt to be fact-finding process which should be conducted in open meetings; objection also registered as to "social gatherings" with council and candidates which it was felt should be considered open meetings. (See later response) Ed Stickel, 1228 SW 296th Street, submitted petition for City name change vote. The petition was filed previously on 9/30/90 deemed at that time to be premature. Exhibit "A" of the new petition a resubmittal of prior petition, Exhibit "B" a new petition. The petition contains 228 signatures. Attention was called to new bill before the Governor regarding petitions. Election would normally be held in 1991 in event petitions were validated the new law would provide for 1990 vote. Whether the submittal of petition prior to enactment of the new law would affect status needs determination. MOVED BY:-GATES:;;:-SECGNBED BY;HANDMACHER, TO,.APPROVE OF THE CITY COUNCIL MEETING OFREBRUARY 20, 1990. errors no~ed,and Pg. 5, line 6,9~eft~&~~~e exceeds s/b "Buffering" exceeds -- MOTION CARRIED. THE MINUTES Spelling requfrement--':"- Councilmember Gates, Chairman of the Budget, Finance and Insurance Committee, reported review and approval of Vouchers Nos. 100001 - 41 in total sum of $93,362.16. Certification as to receipt of merchandise and/or services received, Council approval for payment was recommended. MOVED BY STEAD, SECONDED BY GATES, TO APPROVE THE VOUCHERS AS PRESENTED. THE MOTION CARRIED. -2- FEDERAL WAY CITY COUNCIL Regular meeting March 20,1990 (Cont.) CONSENT AGENDA Lorraine Hine State Rep. - House Floor Resolution & Offer to assist Request for "Teen Club" Request for Sidewalk at Olympic View School Appeal of determination of nonsignificance - Attorneys for Western Securities and Quadrant Corp. Quadrant notice of Lawsuit Les Schwab tire center letter Edward Stickel petition for name change vote INTERLOCAL ~~~NT . Amend,Water & Sewer Agréement ORDINANCES AND RESOLUTIONS 90-20 Authori~ing Investment in . Local Gov't. Pool Items on the consent agenda are adopted by one motion which follows the list. Lorraine A. Hine. State Representative, 33rd District, letter noted House Floor Resolution No. 90-4759 recognizes new City of Federal Way and offers assistance as needed. Megan D. Tibbetts, request for "Teen Club" in Federal Way. Referred to Human Services Committee. Margaret Babb, member of task force for traffic safety, Olympic View Elementary School requested the city consider installing sidewalks in vicinity of the school for safety. Refer to Public Services Committee. Foster, Pepper, & Shefelman, Atty., John C. McCullough, representing Western Securities, WA., Ltd., joined by Hillis, Clark, Martin and Peterson, atty. George A. Kresovich, representing the Quadrant Corporation, submitted letter of commed on and appeal of determination of non- significance. Referred to the City Attorney,the Land Use Committee and Planning Department. Wally costello, Sr. Vice-President, Commercial Development, The Quadrant Corporation letter advised of filing of lawsuit by Western Securities and Quadrant to invalidate downzone of property at 348th and First Avenue to RS 9600. Referred to City Attorney. Vernon D. Atwood, Property Manager, Les Schwab Warehouse Center, Inc., advised new zoning prohibits businss which was allowed when property was purchased. 336th Street and 21st Avenue SW. Referred to Land Use Committee. Petition filed by edward L. Stickel with 228 signatures requested name change for the City of Federal Way be placed on ballot. Submitted to City Clerk and to King County Election Department for validation status of petition signatories. MOVED BY STEAD, SECOND BY TEMPLETON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. Interlocal Agreement amending CAG 89-10, Federal Way Water and Sewer Agreement to add equipment expense was submitted. MOVED BY HANDMACHER, SECONDED BY MARKS, TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT. CARRIED. Resolution was read authorizing the investment of city monies in the Local Government Investment Pool and specifying officers or persons authorized to invest and withdraw said funds. MOVED BY GATES, SECONDED BY MARKS, TO ADOPT RESOLUTION NO. 90-20 AS READ. CARRIED. -3- FEDERAL WAY CITY COUNCIL Regular Meeting March 20,1990 (Cont.) ORDINANCES/RESOLUTIONS ORD.90-46 Ordinance of the City of Federal Way, Washington was read Adopting adopting certain traffic infractions established by state Traffic statutes by reference; containing a severability clause and infractions declaring a public emergency. MOVED BY STEAD, SECONDED BY MARKS, TO SUSPEND THE RULES AND WAIVE SECOND READING OF THE ORDINANCE. CARRIED. MOVED BY STEAD, SECONDED BY MARKS, TO ADOPT ORDINANCE NO. 90-46 AS READ. MOTION CARRIED. ROLL CALL VOTE ALL AYES. ORD.90-47 Regulating Parking on Certain Streets PROPOSED ORDINANCE- SWIMMING POOLS PROPOSED ORDINANCE- RIGHT-oF- WAY USE PERMITS ORD.90-48 Amending Ord. No. 90-33 - UBC Occupancies Correcting Omissions Fireworks Permit, sale handling, display and discharge - Introductory ORD.90-49 AMENDING ORD. 90-34 TO REVISE DEFINITIONS Moving Buildings Ordinance was read regulating parking on certain streets within the city limits of the city of Federal Way by limit- ing parking on the Eastside of 28th Avenue South in the vicinity of city hall. MOVED BY STEAD, SECONDED BY TEMPLETON, TO SUSPEND THE RULES AND WAIVE SECOND READING OF THE ORDINANCE. CARRIED. MOVED BY STEAD, SECONDED BY TEMPLETON, TO ADOPT ORDINANCE NO. 90-47. ROL1. CALL VOTE ALL AYES. MOTION CARRIED. PROPOSED ORDINANCE REGULATING SWIMMING POOLS WAS PRESENTED. MOVED BY STEAD, SECONDED BY TEMPLETON, TO TABLE THE PROPOSED ORDINANCE FOR TWO WEEKS. CARRIED. Ordinance was read providing for right-of-way use permits. (To be adopted in conjunction with agreement entered into with King County regarding Permits) MOVED BY TEMPLETON, SECONDED BY WEBSTER, TO REFER THE PROPOSED ORDINANCE TO THE PUBLIC SERVICES COMMITTEE. CARRIED. ORDINANCE of the City of Federal Way Washington was read amending ordinance no. 90-33 to revise Sections 15 and 65 of said ordinance. (Adopting Uniform Building Code). MOVED BY STEAD, SECONDED BY HANDMACHER, TO SUSPEND THE RULES AND WAIVE SECOND READING OF THE ORDINANCE. MOTION CARRIED. MOVED BY HANDMACHER, SECONDED BY STEAD, TO ADOPT ORDINANCE NO. 90-48. ROLL CALL VOTE RESULTED IN UNANIMOUS AYES. MOTION CARRIED. Ordinance was read establishing a permit system and regulations for the sale, handling, discharge and display of fireworks. MOVED BY GATES, SECONDED BY HANDMACHER, TO REFER THE PROPOSED ORDINANCE TO THE PUBLIC SERVICES COMMITEE. MOTION CARRIED. ORDINANCE was read amending Ordinance No. 90-34 to revise the Definitions section relating to moving of buildings. MOVED BY WEBSTER, SECONDED BY GATES, TO SUSPEND THE RULES AND WAIVE SECOND READING. CARRIED. MOVED BY HANDMACHER, SECONDED BY GATES, TO ADOPT ORDINANCE NO. 90-49. CARRIED. -4- FEDERAL WAY CITY COUNCIL Regular Meeting Karch 20,1990 COMMITTEE REPORTS Human Services Committee Meeting 3/23/90 7:30 a.m. Land Use and Transportation Planning Committee Special Council Public Hearing rIeeting 4/10/90 Zoning Code Height of Building Structures 3/26/90 Meeting Inter1oca1 Agreement BALD - Review by Committee SW 344th Street Extension 4/ 3/90 Review by Council Agreement (Contract rezone) Equities Pacific Development Budget, . Finance, Insurance Committee (Insurance) Wa. Entity Poo1- Meeting 3/23/90 8:30 a. m. - Budget impact of staffing to 1991 Public Services Committee Meeting 3/30/90 7:30 a.m. 4/6/90- Recycling Vendor contracting Councilman Templeton, Chairman, Human Services Committee, announced meeting on Friday, Karch 23, 1900 at 7:30 a.m., agenda to include Dick Gunderson,SW Community Recovery Center (deals with alcohol and drug addiction recovery program); also to look at draft proposal for a teen summer program and update on Federal Way Women's Domestic Violence Program. Permanent change in meeting dates will also be discussed. Councilmember Handmacher, Chairman, Land Use and Trans- portation Planning Committee, reported ordinance has been drafted and circulated regarding height of building structures in the zoning code. After meeting with builders and developers, it was determined that minor change in the mesuring to the average height of the highest gable, rather than to the peak of the roof would correct the problem, corresponding to King County regulations. It was subsequently MOVED BY HANDMACHER, SECONDED BY STEAD, THIS MATTER BE SET FOR PUBLIC HEARING ON APRIL 10,1990 AT A SPECIAL MEETING OF THE CITY COUNCIL. MOTION CARRIED. Land Use Commitee Chairman Handmacher reported committee review of the BALD agreement signed last week, as concerns projects which might be returned to King County, to be further considered at meeting on Monday, 3/26/90 at 7:00 p.m. Mike De1les has prepared an analysis regarding the SW 344th Street extension to be reviewed by council at study session in April. MOVED BY HANDKACHER, SECONDED BY STEAD, THE MATTER OF EXTENSION OF SW 344TH STREET BE SET FOR PUBLIC HEARING ON 4/3/90. CARRIED. Request from Equities Pacific Development rezone Agreement with the city; deferred agenda following Executive Session. Copy agreement document was distributed to the members. to enter into to end of the of the proposed city council Councilmembr Gates, Chairman of the Budget, Finance and Insurance Committee, reported 3/16/90 meeting with Jack Stanford Insurance Broker, who advised Washington Entity Pool (city's insurance carrier) to be comparably soundly funded. Meeting scheduled for 3/23/90 at 8:30 a.m. to discuss staffing, workload and budgetary impact of adding personnel. Councilmember Marks, Chairman, Public Services Committee, announced meeting to be held 3/30/90 at 7:30 a.m. with Kajor Moore regarding law enforcement legislation. Also, Jerry Graham to discuss recycling 4/l3/90 at 7.30 a.m.; Stan Smalley, Vice Pres., MCE Corp., San Remo, California, would like to discuss setting up "request for bid program" with Puget Sound area vendors. Later report to follow. -5- FEDERAL WAY CITY COUNCIL Regular Meeting March 20,1990 COMMITTEE REPORTS Personnel and Facilities Committee Tour of sites for city hall Meeting 3/28/90 7:30 a.m. City Hall Lease Parks and Recrea- tion, Cultural Arts Committee Spring Cleanup- Family Fest Events Comprehensive Parks Plan & Open Space Inter1ocal Agree- ments. Names offered for members of King County Open Space Oversight Committee UNFINISHED BUSINESS Legal response to Morning News Tribune criticism of City Manager interview process Purpose of and Exceptions to Executí.v.e, Session'. a~enda requirements Councilmember Stead, Chairman, Personnel and Facilities Committee, reported tour of three possible sites for move of city hall. Request has been made for some facilities planning in the Seatac Executive Center and the Financial Center at 1st and 336th. Meeting was announced for 3/28/90 at 7:30 a.m. to review personnel rules and procedures and proposed ordinance regarding salaries of council members. also, move of city hall and lease document for present city hall facilities. Councilmember Webster, Chairman, Parks and Recreation Cultural Arts Committee, announced meeting 3/21/90, Mary Ehlis to report regarding Spring Clean-up and Family Fest programs, also, committee will study Comprehensive Plan for Master Parks Program and Open Space. Proposed Interlocal Agreement for Open Space projects is under review. Provisions of the agreement were outlined. City Attorney Wallace confirmed approval of the proposed agreement noting latitude. and capability to change with consent of the county, indemnification seeming one-sided however. MOVED BY WEBSTER, SECONDED BY BANDMACHER, TO AUTHORIZE CITY MANAGER LOCKE TO ENTER INTO INTERLOCAL AGREEMENT FOR OPEN SPACE PROJECT FUNDING WITH SUGGESTION FOR INCLUSION FOR TWO-WAY INDEMNIFICATION. CARRIED. MOVED BY WEBSTER, SECONDED BY STEAD, THAT NAMES OF H. DAVID KAPLAN AND RICHARD BURRIS BE FORWARDED TO KING COUNTY OPEN SPACE OFFICE FOR CONSIDERATION OF APPOINTMENT OF FEDERAL WAY CITJZEtI> TO THE KING COUNTY OPEN SPACE OVERSIGHT COMMITTEE. CARRIED. John Wallace, City Attorney, in response to Morning News Tribune reporter Dan Voelpel objections to City Manager interview process by council, advised of legal provisions of the open public meetings act, citing RCW 42.30.110, sub (h) and (g) (h) Executive session allowed to evaluate qualifications of a candidate for appointment to an elective office, and it provides, however, any interview of such candidate and final action of appointing a candidate to an elective office shall be in a meeting open to the public. That section provision limited to candidates to elective office. (g) Executíve S~sion to evaluate qualifications of an ~plicant for public employment or to review the performance of a public employee, exception - discussion of salaries, ,wages and conditions'of employment to be generally applied within the agency shall occur in a meeting open to the public. When a governing body elects to take final action hiring ~ setting the salary of employees or discharging or disciplining an employee that action shall be taken in an open meeting. There is no provision for interviews to be held in open public meeting. -6- FEDERAL WAY CITY COUNCIL Regular Meeting March 20,1990 UNFINISHED BUSINESS City Manager Interview Process Legal Interpretation of Open Public Meetings Act Social gatherings AUDIENCE .COMMENT City Manager Interviews Recess 8:55 pm Litigation and Real Estate Equity Pacific Development Project-Kitt's Corner, BALD File No. C8900152 (Cont.) City Attoney Wallace advised with respect to "social gatherings" RCW 40.30.070 provides "it shall not be a violation of the requirements of this chapter of the open meetings act for a majority of the members of the governing body to travel together or gather for purposes other than a regular meeting provided that they take no action,"action defined as public testimony, deliberating, considering, and final action - collective positive or negative decision. If strictly in a social setting not discussing city business it does not fall within the open publi~ meetings act and notice is not necessary nor is the meeting open to the public. Michelle Flores, Seattle Times,concurred with the Morning News Tribune letter that social gatherings should be open public meetings. H. David Kaplan, 30240 - 27th Avenue South, Federal Way, noted executive sessions held to discuss personnel and money matters and that stunned silence is reaction of the audience to the newspaper comments. He expressed dis-- approval of the reporting by the newspapers and felt citizens should refuse to likewise support those papers. Councilmember Marks noted job of the press is nót to support the council but to report the news the best way they can. Mayor Ertel declared a recess for the purpose of discussing potential litigation and real estate matter at 8:55 p~m.- Meet- ing reconvened at 9:25 p.m. Land Use Committee Chairman Handmacher recalled receipt of a proposed agreement from Equity Pacific Development regarding project at Kitt's Corner Apartments. MOVED BY HANDMACBER, SECONDED BY STEAD, TO AUTHORIZE CITY MANAGER LOCKE TO ENTER INTO THE AGREEMENT. City Attorney Wallace outlined the provisions of the document as regards moving of northern driveway 110 ft. to the south, storm water system and retention pond to remain in private ownership with full maintenance and upkeep responsibility, covenant to run with the land, applicant to request the city to hire outside consultant to process the application at applicant's expense; site drainage to be designed to retain the 100 year storm - 24 hr. event. Parcell and 4 to have playground equipment. It was noted the project is vested and will be built; that developers did file to County and did abide by the rules of the county and changed according to city regulations. MOTION TO AUTHORIZE SUBSEQUENT!. Y CARRIED. -7- FEDERAL WAY.CITY COUNCIL Regular Meeting March 20,1990 UNFINISHED BUSINESS Acquisition of Evergreen Airstrip Properties $10,000.00 Authorized for Appraisal ANNOUNCEMENTS ADJOURNMENT Councilmeber Webster, Chairman of the Parks and Recreation Committee, recalled referral of possible acquisition of Evergreen Airstrip property and reported meeting with parties, appraisal now needed to determine fair market value of the property, potential for park or civic center site noted. MOVED BY WEBSTER, SECONDED BY TEMPLETON, TO AUTHORIZE CITY MANAGER LOCKE TO EXPEND UP TO $10,000.00 FROM COUNCIL CONTINGENCY FUND TO OBTAIN APPRAISAL ON THE 83 PLUS ACRES, COMMONLY KNOWN AS THE EVERGREEN AIRSTRIP PROPERTY. 6 AYES. 1 NO MARKS OPPOSING. Mayor Ertel announced Executive Session to be held on 3/21/90 at 6:00 p.m. at Cafe Pacific for purpose of getting acquainted with City Manager candidates. As there was no further business to come before the Council, the meeting was adjourned at 10:45 p.m. ~ ~ œc '1!!:f:~fk -8- 3/26/90 Council Meeting (Attachment) GIRLS' BASKETBALL PLACED 2ND IN STATE AAA TOURNAMENT PLAYERS: SHANNON SEHLIN JENNY MAHLSTEDT BROOKE EDWARDS JANELLE OAKELEY JENNIFER EVANS KELLY CZUBIN TIFFANY RUTTER THYRA PEARSON JENNIFER BLACK AMY WHIMPEY JANA WOODWORTH TARA BOE COACHES: CHUCK CZUBIN INGRID LYDEN TAMMY TAYLOR MANAGERS, STATISTICIANS, JUNKO NAGAHAM KERI STABLEIN KRISTEN HARTWELL BRENDA PRICE TRAINERS: * COMBINED G.P.A. 3.2 ALL-STATE CHOIR OUTSTANDING HIGH SCHOOL CHOIR IN STATE PAUL BARDWELL BRIAN BOVA LONNIE COLE TODD DeMILLE GRETCHEN GARDENER JASON MELOY ELIZABETH WARNER YUN MI YONG 2ND TENOR CAME lATA 2ND TENOR 2ND TENOR 2ND SOPRANO 1ST BASS 1ST SOPRANO 1ST SOPRANO LAWRENCE E. BELZ CHORAL DIRECTOR Also recognize the All-State Band. (can't be here tonight as they are giving a concert.) 3/20/90 Council Meeting (Attachment) BOYS' BASKETBALL MADE AAA TOURNAMENT FINAL FOUR PLAYERS: ROD JANSON JEFF MURPHY LAKE DAWSON ROBERT SARMIENTO ANDY JERDAHL BRIAN MILSTEAD DELANE JACKSON DANNY GRAHAM RICCI GREENWOOD DONNY MARSHALL BRIAN CROSSEN ZIV ZANTKOVSKY COACHES: JEROME COLLINS JOHN HOFSTRAND MANAGERS, STATISTICIANS, MIKE CORDTS WENDY TRIER MIKE STEVENSON LUKE COURTNEY GARET RASMUSSEN TRAINER: 3/20/90 Council Meeting (Attachment) DECA STUDENTS WHO QUALIFIED FOR NATIONALS LISA ARSENAULT- STATE CHAMPION NIKKOL CLARK AMITA DEV- STATE CHAMPION BLUSETTE HOlT ERIC LINDBERG - STATE CHAMPION SARA MUNSON SARAH MURDOCH JENNIFER ONLY JAMES THRUSH ADVISOR: PHIL ISERNIO STATE CHAMPIONSHIP SPEECH TEAM WILL BE REPRESENTED BY ANGIE THOMSON BECAUSE OF THE SCHOOL PLAY REHEARSAL. DAMON ALBRIGHT LISA ARSENABULT CAROLINE BLAKESLEE EVA COOK STACY CRAMBLIT TODD DE MILLE SEAN DUDLEY GEOFF GARDNER STEPHEN HOWARD CHRIS MC CARTHY STEPHANIE PLANCICH RACHEL PRESTI JEREMY PRYOR ALETHIA RODRIGUEZ CARl RODWELL CHAD ROWE REBECCA TRIPPER ANGIE THOMSON ADVISOR: LOIS GORNE