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Council MIN 04-10-1990 Special April 10, 1990 Tuesday~ 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF COUNCILMEMBERS STAFF PRESENT PRESS ATTENDANCE PROCLAMATION EARTH RALLY '90 WEEK and Spring Ral1yCleanup~ Recycling and Beautification program AUDIENCE COMMENT Eastside residents concerned regard- ing newspaper item of possible Water- Sewer District Acquisition by Federal Way Inquiry regarding Council letter to King County FEDERAL WAY CITY COUNCIL SPECIAL MEETING Muncipal Building Council Chambers MINUTES Debra Ertel, Mayor, called the special meeting of the Federal Way City Council to order. Councilmember Templeton led the assembly in the Pledge of Allegiance. DEBRA G. ERTEL~ Mayor, MARY E. GATES, Deputy Mayor, JAMES W. HANDMACHER~ JOEL E. MARKS, ROBERT E. STEAD, LYNN J. TEMPLETON AND JAMES WEBSTER. ALLEN B. LOCKE, City Manager, PATRICK T. FLOYD, Assistant City Manager, JOHN B. WALLACE, City Attorney, BRUCE LORENTZEN, Building Official, GREG MOORE, Land Use Manager, DELORES A. MEAD, City Clerk and CHRIS GREEN, Senior Secretary. KURT HERZOG, Federal Way News, (Official City Newspaper), LEON ESPINOZA, Seattle Times, DAN VOELPEL, News Tribune and GEORGE FOSTER, Seattle Post Intel1igencer. Proclamation by Mayor Ertel acknowledged the third annual participation of Federal Way in King County's Spring Rally and April 22, 1990 marking the 20th am.iversary of Earth Day, PROCLAIMING April 14 - 22, 1990 as Earth Rally' 90 Week in Federal Way. All citizens were called upon to join in this Spring Rally Cleanup, recycling and beautification effort, and to continue the dedication to such efforts throughout the year. Ray Schow, 29837 - 45th Street, Auburn, owns property in Federal Way at 33130 Pacific Highway South and inquired as to the Water and Sewer District operation expanding to the Eastside concern expressed regarding rate increase in other areas to outside entities and advocating growth cannot be controlled by service district but by zoning and comprehensive planning. People on Eastside in quandry after reading news- paper account of being "saved" by city controlling growth through water & sewer operation. Implementation of Utility tax another concern. Joel Marks was complimented for living up to public expectations. Mayor Ertel assured Mr. Schow the discussion to be held by council was informational, no action is to be taken on the matter. Darrell Harting~ 16810 12th Avenue S.W., Seattle, also owner of property in Federal Way and on the eastside at 31693 Military Road South, inquired whether Council letter asked the county to stop all permits on the eastside. He noted both the county and city zoning plans permit apartments all around 320th intersection with Military Road. Mr. Schow was advised the county was re- quested to deny rezones which would increase density until joint study is made. This was a resolution and not directed at the eastside specifically. -1- COpy FEDERAL WAY CITY COUNCIL SPECIAL MEETING/PUBLIC HEARING AprillO~ 1990 PUBLIC HEARING: Building Height Restrictions of the Zoning Code CAMPUS HIGHLAND PLAT - 4th Year Extension Commenced in 1987 OLD BUSINESS COMMITTEE REPORTS LAND USE COMMITTEE PLANNING COMMISSION SELECTION PROCESS PARKS & RECREATION CULTURAL ARTS COMMITTEE Consultant for COMPREHENSIVE PLAN FOR PARKS AND RECREATION IN FEDERAL WAY Steering Committee to work with staff and consultants Building Code/Building Height Restrictions This being the date set and proper notices having been posted and published according to state and local laws, Mayor Ertel declared the public hearing on the Building Code Height Restrictions open for public comment. * Skip Holman, Quadrant, P. O. Box 130, Bellevue, WA. 98009, thanked the council and land use committee for time spent on behalf of the builders and compromise on the height restrictions, affirmative vote urged by council at this time. There being no further audience comment, Mayor Ertel declared the hearing closed and the matter was referred to the Land Use Committee for later action in the meeting. Packet from Kay Shoudy~ distributed to council, reported history of this plat which was ready for approval by county ordinance upon the city of Federal Way incorpora- tion and proceedings in the county halted. Kay Shoudy submitted staff recommendation to approve the 4th year plat extension~ their three year life span on the plat expiring April 15 and extension necessary to proceed further. MOVED BY HANDMACHER, SECONDED BY GATES, TO APPROVE THE REQUEST FOR EXTENSION OF CAMPUS HIGHLAND PLAT TO APRIL 15, 1991. MOTION CARRIED. Land Use and Planning Committee Chairman Handmacher reported 20 names on list of Planning Commission applicants, the sign-up closing on Friday of this week. Memo listed the criteria for membership as well as process for selection. This matter to be further considered at study session tonight. Counci1members were invited to notify prospective members. Councilmember Webster, Chairman of the Parks & Recreation, Cultural Arts Committee, reported copy of invitation for proposal for consultant distributed to council. The basic request is for authorization for City Manager to advertise for consultant to prepare Comprehensive Plan for Master Parks and Recreation Program for Federal Way, work to be carried out at a cost not to exceed $60,000.00 to begin on or about June 1, 1990 and to be completed approx. January 1, 1991. Also, a proposed steering committee to work with the staff and consultant comprised of 15 individuals from various agencies, commissions and local groups and citizens at large from each quandrant of the city. MOVED BY WEBSTER, SECONDED BY STEAD, TO AUTHORIZE THE CITY MANAGER TO ADVERTISE THE INVITATION FOR PROPOSAL OF CONSULTANT TO WORK WITH THE CITY IN PREPARING A PARKS AND RECREATION COMPREHENSIVE PLAN. MOTION CARRIED. -2- FEDERAL WAY CITY COUNCIL Special Meeting April 10, 1990 ORDINANCES/RESOLUTIONS ORDINANCES UlW. NU. 90-51 New Building Ht. Definitions RESOLUTIONS Res. 90-22 Authorizing new city manager to sign checks, drafts or warrants RES. NO. 90-23 Authorizing inter- fund loan from Street Fund 001 RES. NO. 90-24 Authorizing investment of surplus funds NEW BUSINESS Interim City Manager Al Locke thanked and praised for legacy of city becoming an entity AWC ANNUAL MEETING 6/15/90 Wenatchee Convention Center * An ordinance of the City of Federal Way, Washington was read, amending certain portions of Ordinance No. 90-43 to adopt new definitions relating to building elevation; amending the Federal Way Zoning Code to reflect such changes; and establishing an effective date. MOVED BY HANDMACHER, SECONDED BY STEAD, TO SUSPEND THE RULES AND WAIVE SECOND AND FINAL READING OF THE ORDINANCE. CARRIED. MOVED BY HANDMACHER, SECONDED BY STEAD, TO ADOPT ORDINANCE NO. 90-51. THE MOTION CARRIED. Resolution was read amending Resolution No. 89-9 to add the new city manager to those authorized to sign checks, drafts or warrants on behalf of the city. MOVED BY STEAD, SECONDED BY MARKS, TO ADOPT RESOLUTION NO. 90-22 AS READ. THE MOTION CARRIED. A Resolution of the City Council of the City of Federal Way, Washington was read, authorizing an interfund loan from the Street Fund No. 001 in an amount up to two million five hundred sixty-two thousand seven hundered dollars, (2,562,700); establishing an interest rate; and establish- ing a time for repayment of said loan. MOVED BY GATES, SECONDED BY STEAD, TO ADOPT RESOLUTION NO. 90-23. CARRIED. Resolution was read authorizing the investment of surplus funds, as authorized by law, with commercial banks, savings and loan associations and broker dealers. MOVED BY TEMPLETON, SECONDED BY STEAD, TO ADOPT RESOLUTION NO. 90-24 AS READ . CARRIED . This being the last council meeting of City Manager Locke, council expressed grateful thanks for fabulous job in helping the city become an entity all council members and the community owing a tremendous debt of gratitude to City Manager Locke, the legacy he leaves of setting in motion the wheels of city government in Federal Way to be long remembered with many thanks and warm remembrance.Affirmation of applause followed. City Manager Locke responded that it had been great fun accomplishing in a short period of time what would normally have taken several years, the council commended for smooth transition and method of working together. He expressed pride in being association with the council. AWC Annual Meeting Notice, 6/15/90, Wenatchee Convention Center had been distributed, Council to select Delegate and Alternates, MOVED BY STEAD, SECONDED BY MARKS, MAYOR ERTEL AND DEPUTY MAYOR GATES BE THE VOTING DELEGATES. MOVED BY WEBSTER, SECONDED BY TEMPLETON, TO AMEND THE MOTION TO ADD THE CITY MANAGER AS THE THIRD VOTING DELEGATE. AMENDMENT CARRIED. ORIGINAL MOTION AS AMENDED CARRIED. -3- FEDERAL WAY CITY COUNCIL Special Meeting April 10, 1990 RETREAT DATE Hay 4 & 5,1990 Time and Place to be set PUBLIC HEARINGS Preliminary Plats Hay 1,1990 Hay 10,1990 Hay 17,1990 Meeting Change Parks & Recrea- tion Committee to meet Tuesday April 17, 1990 Hylebos area "Bog Walk" 4/22/90 Meeting Change Cance11- 4/16[90 Land Use COmm1ttee Meeting 4/23/90 Meeting Notice Public Services Committee, 4/13/90 Meeting Notice Facilities & Personnel,4/ll/90 Meeting Notice Human Services Committee 4/20/90 ADMINISTRATIVE REPORT AUDIENCE COMMENT Goodwill Pool Open for Tour Councilmembers were asked to confirm dates of availability for a retreat in Hay. After some discussion regarding possible time when everyone would be able to attend, Hay 4 and 5 were set for the retreat. Councilmember Handmacher, Chairman of the Land Use and Transportation Planning Committee, reported public hearings required on preliminary plats. MOVED BY HANDMACHER, SECONDED BY STEAD, HEARING DATES BE SET ON PRELIMINARY PLATS AS FOLLOWS: MAY 1,1990 - Dash Pointe and Grousepointe III MAY 10,1990 - Parkwood Campus & Campus Ridge Hay 17,1990 - Campus Park and Soundview Hanor MOTION CARRIED. Councilmn Webster, Chairman of the Parks & Recreation Committee reported change in meeting date. The Parks committee meeting normally held on Wednesday the 18th will meet instead on Tuesday, April 17th at 7:30 a.m., Randy Pearson, State Parks & Recreation representative to be present. Councilmember Gates announced "Bog Walk" through Hylebos area, April 22nd, invitation extended to council to see improvements. Councilmember Randmacher, Chairman, Land Use snd Transporta- tion Planning Committee/will not meet next week and will be meeting April 23rd to review Planning Commission selection criteris. Councilmember Harks, Chairman of the Public Services Committee, announced meeting to be held on Friday, 4/13/90 at 8:00 p.m. to 9:00.p.m., following budget meeting. Councilmember Stead, Chairman of the Facilities & Personnel Committee, announced meeting to be held Wednesday, 4/11/90 at 7:00 a.m. Councilmember Templeton, Chairman of the Human Services Committee, announced committee meeting to be held 4/20/90 at 7:00 a.m. Hayor Ertel reported receipt of letter from the Department of Corrections seeking sites for five sites, criteria that you need sites of minimum of 40 acres minimum security and 60 acres for maximum security, none of such size located in the City of Federal Way. Hark Hutson, 952 Southwest Campus Drive, Federal Way, 98023, announced that tomorrow marks the 100 countdown day for the Goodwill Games and as a salute to the games, the new Goodwill Pool will be open today at 5:00 p.m. for tour by the public. -4- FEDERAL WAY CITY COUNCIL Special Meeting April 10, 1990 AUDIENCE COMMENT Cont.) Vesting status of projects and Ordinance prparation Bulk of homes important Recess 8:10 p.m. Water/Sewer District Attorney Wallace Review of Legal Procedures for acquisition of a Water/Sewer Dist. David Morrison, 4334 Waller Road, Tacoma inquired if the projects coming before the council for hearings will be discussed as concerns vesting. Ordinance was requested to be prepared in order that the document could be intro- duced following the hearing on the property. This subject to be discussed in executive session to follow. Ardith Garber, 2900 SW 3l2th Place, Federal Way, urged council to take a look at bulk of homes on lots now that height is established further planning to restrict bigger as well as higher deemed advisable. As there was no further audience CODDnent, Mayor Ertel declared a recess to allow the council to convene in Executive Session to discuss a personnel matter. The council meeting was reconvened at 8:30 p.m. Discussion was open' regarding operation of the Federal Way Water & Sewer District Mayor Ertel advising this is simply information discussion this evening. City Attorney Wallace outlined opinions as set forth and distributed to councilmembers earlier, briefly advising of legal provision of state law that a city may take over and assume the facilities of a water and sewer district that is within its corporate limits and there is also provision where if you comprise more than 60% of the assessed valuation of the area you may take over the entire area including any outside of the corporate limits. This can be accomplished by the city passing an ordinance and going through a Boundary Review Board Process and can also be done by contractual agreement between the district and the city where assets can be turned over by the district to the city. In event the city should assume the district provisions must be made to assume and payoff any outstanding debt, usually revenue bond debt rather than G.O. but may be G.O. also. The Boundary Review Board determines what is being taken over and debt. Employees of the district become employees of the city and pension and other employee rights and benefits are all extended. Discussion ensued regarding possibility of taking over just the city portion and the district would still exist outside otherwise the city would take over the entire district and there would be a dissolution of the district. Electors can vote to have the district taken over in its entirety if over 60% of the area or assessed valution is within the corporate limits, 71% within the city according to the Georgette study. In ensuing discussion it was proposed the matter be referred to Committee As A Whole for indepth study, input from the public and water/sewer district presentation for information. -5- FEDERAL WAY CITY COUNCIL Special Meeting April 10, 1990 Water/Sewer Dist. Discussion Water/Sewer District Manager review of District Operation and Planning ~~ 0:, tt~ '7~ Clu.. wo I-C/) UUJ UJI- 0:;:, O:z 0- U~ Letter from D.I.R.E. was noted as concerns service to a development outside the city, the council study also regards other issues. One issue being whether that land use decision can be influenced by the water & sewer district but the other larger question is does the city want to take over the district irrespective of that issue. Attorney Wallace advised on a short term basis it would have little or no effect. If the city takes over the utility outside the corporate limits you would become the water and sewer utility for the area and would have an oblitation to provide service to the extent that it was available. Also, the city becomes the planning authority for the facilities which includes capacity sizing; ultimate sizes to the plant which dictates size of capacity. Taking over the district would not affect a project already in the works. The process to take over a lengthy process and then the comprehensive planning to be necessary for sizing facilities based upon capacity for both water and sewer. It was urged that the study be moved along poste haste in view of the publicity, that a fact-finding meeting was all that was intended in order that each member could reach his own conclusion. Salary study impact also a factor to be considered. The City Manager was requested to coordinate a meeting with the water/sewer district manager. Donald Miller, advised of need for clarification of misinform- tion in view of letter from D.I.R.E. it being his desire to hit some high points. From the Water & Sewer District point of view they have supported the city. try to work with the city ) whether typewriter, chairs, accounting or whatever and as far as they are concerned they serve the same public and will be happy to make presentation for clarification and informational purposes. It is a team effort the water sewer district having been there and having the matters already in place now under discussion the council having a big job in starting anew. A number of mergers having been experienced and it is a lengthy process. They have held up their plan updates until the city completed its comprehensive land use plan and they anticipate working closely with the city to make sure the two match and in no way is contrary to what the city wants. There is a two- page response to D.I.R.E. and there is no proposal to extend water and sewer to the other side of the freeway. If the need is there the utility obligation is there to meet the need but the developer would have to construct the line and whether it would need to be oversized to accommodate future development is an unanswered question that not addresssed by the board to date. If a rezone is granted by the county only after that would an agreement be executed for water & sewer services. The system has been designed and planned to provide for the future needs of this area and the system does have capacity. Future employment and population projections to determine the water and sewer demands the forecasting used for such measure. New secondary sewage treatment plat just put on line at Lacota about at 40% of capacity beyond the year 2000 before expansion. -6- FEDERAL WAY CITY COUNCIL Special Meeting April 10, 1990 AUDIENCE COMMENT Water/Sewer District Manager CODDnents § ~~ u.~ ~t) Ou. WO f-U) ()w wf- a::::> Study Session~~ to follow u~ Don Miller advised the existing aquifer system could supply the population and businesses in this area until about 1993 and at that time pipelin 5 from Tacoma to deliver water here, contingency plans also in place to buy water from the north, water district 675 or from south Tacoma. A joint study group was proposed to analyze the matter of merger as well as joint discussion with council and staff so information can be gathered together and both have the same information. The special meeting of the city council adjourned at 9:10 p.m. and the council continued in study session to hear a presenta- tion by City Attorney Wallace as regards the Appearance of Fairmess Doctrine, among other matters. Lld ¿)-f U/ (j I tJl ¿ d Delores A. Head, CMC, City Clerk -7-