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.
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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.
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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.
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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.
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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.
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FEDERAL WAY CITY COUNCIL
Special Meeting
April 10, 1990
Water/Sewer Dist.
Discussion
Water/Sewer District
Manager review of
District Operation
and Planning
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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.
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FEDERAL WAY CITY COUNCIL
Special Meeting
April 10, 1990
AUDIENCE COMMENT
Water/Sewer
District Manager
CODDnents § ~~
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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
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