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Council MIN 05-29-1990 Special FEDERAL WAY CITY COUNCIL MINUTES Municipal Building Council Chambers May 29, 1990 7:00 P.M. I. CALL MEETING TO ORDER Mayor Ertel called the meeting to order on the 29th day of May, 1990, at the hour of 7:05 p.m., in council chambers of the Municipal Building, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE Boy Scout Troop 336 led the council and audience in the flag salute. III. ROLL CALL OF COUNCIL Mayor Debra G. Ertel, Deputy Mayor Mary E. Gates, Counci1members James V. Handmacher, Joel E. Marks, Lynn J. Templeton, Robert E. Stead, and James E. Webster. CORRECTED. -REFER TO MINUTES OF Þ/I~/96 Staff present: J. Brent McFall, City Manager; John B. Wallace, City Attorney; John Marchione, Assistant to the City Manager; Greg Moore, Acting Community Development Director/Acting Public Works Director; Stephen Clifton, Senior Planner; Bruce Lorentzen, Building Official; John Hash, Fire Chief; Maureen Swaney, City Clerk and Chris Green, Senior Secretary. Media present: Kurt Hertzog, Federal Way News and Leon Espinoza, Seattle Times. Deputy Mayor Gates presented a "Debbie" rhododendron to Mayor Ertel for having won the Municipal League's Citizen of the Year award. IV. COUNCIL BUSINESS 1. Continuation of Campus Ridge Preliminary Plat Stephen Clifton, Senior Planner, briefly reviewed the proposal which had been the subject of a public hearing on May 17, 1990. COpy City Council Minutes May 29, 1990 - Page 2 Mr. Clifton explained how the lot sizes were calculated using the King County regulation. He said this proposal exceeds the King County lot size formula. He said that, additionally, King County requires a minimum lot width of 60 feet for RS 7200 zoning and all proposed lots exceed this requirement except lots fronting the cul-de-sac which have a minimum 20-foot frontage width. He told the counci1members how the open space was formulated; the applicant may either reserve or dedicate land, or make a payment of a fee-in-lieu thereof according to Chapter 19.38. Mr. Clifton told the council that if they deny the plat application based on the criteria, they cannot require open space to correct an existing problem. He reminded the councilmembers that, to date, it has not been proven that the impact of this proposal creates a need for open space in this area. With regard to questions on buffering, Mr. Clifton told the council that King County does not have a tree preservation ordinance. He reminded the councilmembers that the site area - between the residential lots and the wetland - will have a Native Growth Protection Easement and there is no cutting, grading or filling allowed within this NGPE area. Since the Federal Way Code provides for tree preservation, Mr. Clifton suggested that maybe the developer could be approached about voluntarily adding more trees. Mr. Clifton said that since the counci1members had expressed a concern over the traffic analysis, the traffic study was reviewed which had been done last year. He said the finding that the traffic impact was within the criteria for the proposal would still hold true under either King County or Federal Way regulations. The council was told that Federal Way consultants, Wilsey & Ham, again reviewed the Wetlands Study submitted by Shapiro ana Associates and conclude that the report is accurate and consistent with the King County findings. Judy Wall, representing Federal Way School District No. 210, reviewed information that is attached hereto as Exhibit "A" and made a part of the minutes. Ms. Wall said the south end has the majority of student growth but the school district will serve all students. City Council Minutes May 29, 1990 - Page 3 Counci1member Handmacher clarified that with the addition of the Campus Ridge plat, the students would go to Silver Lake which is at maximum capacity. Ms. Wall agreed with this statement and said that the school capacity is 550 students and the projection is 604 students. Councilmember Handmacher stated that to alleviate the over-attendance the School District will need to add a portable unit, move students or double-shift; all of these are less than desirable alternatives. Ms. Wall said that the school would have to do this anyway. Councilmember Webster asked if the School District ever recommended against a piat proposal because of student capacity. Ms. Wall said that it is not their policy to recommend against. Councilmember Stead was told that he was correct in saying that schools are at capacity now--that they were before, and will be in the future. Discussion continued on the use of funds from a proposed bond measure election. Councilmember Marks said that the bond has $10 million for buses which would not be available if the measure fails. Ms. Wall said that there will be separate levies for busing; the technical portion of the bond will be omitted. The School District wants to do only buildings and buses only at this time. Mayor Ertel said that she had been told that there is a 550 student cap for all schools and that most are over that now. The council was told that the applicant only has a rough calculation of the in-lieu-of fee which is approximately $ll,722.48, or about $490 per lot. PUBLIC COMMENTS Jim Pearson, employed at Boeing and a part-time realtor, reminded the councilmembers that the micro issue is environment and market value neither of which has been addressed. He urged this matter be deferred or postponed until a thorough evaluation. Don Van Note, 2l5 S.W. 327th, told the councilmembers that there needed to be some human element in the calculations. He commented on lot size, traffic impact and the tree issue. Larry Brown, 7th Avenue Southwest, said that the City of Federal Way is a desirable place for young families and the schools are important. He said the bond measure will be difficult to pass. City Council Minutes May 29, 1990 - Page 4 Barbara Gardner, 309 S.W. 32lst, commented that the drainage and erosion issues were not being addressed. She also expressed concern over traffic impacts, lot sizes, open space maintenance, park space, and schools. She urged that the council reduce the number of planned lots and get all agreements in writing. Ilene Marckx, 31915 4th Avenue, told the council that they have already lost a lot of wetland area; Federal Way incorporated to get away from King County. She said if we take care of our aquifers we won't need pipeline 5. Eileen stauss, 32636 7th Avenue, S.W., circulated some handouts to the councilmembers and told them she interpreted state law to say the city council must consider certain impacts and that the city council has the right to deny the application. She said if the council approved the plat, then she would urge the council sidewalks on both sides. She concluded by saying that she would challenge the School District's calculations. Mark Best, 710 S.W. 323rd, said the developer can't be required to correct pre-existing conditions nor should they be allowed to add to them; he suggested that approval of the application be contingent on school financing. Katie McCaslin, 32413 6th Avenue, S.W., urged the council not to let the developer cut down the trees. Ted Reamer, 5610 7th Avenue, S.W., commented on the creative math and lot size which could create drainage problems. Bob Curtis, 32628 7th Avenue, S.W., asked for open space clarification - if open space is dedicated, is it public or private? He asked if the funds from a fee-in-lieu of would go to General Fund? Chuck McCaslin, 324l3 6th Avenue, S.W., concurred with earlier remarks made by Ms. Stauss. He expressed concern with the school overcrowding, sidewalks, open space calculations and landscaping. He said if the plat was approved it would be an injustice and urged that the developer be required to deposit a bond with the city. Mike Boyd said he recently moved to Federal Way because of the school system; he is now concerned with the growth, busing and lack of park space. He urged the councilmembers consider these concerns. City Council Minutes May 29, 1990 - Page 5 APPLICANT COMMENTS Gerry Lutz, attorney for applicant, told the council that King County and Federal Way staff concur that the application is in compliance. He said the school issue was addressed in the SEPA process. He reminded the council of their authority under the RCW and said that King County provides the open space fules. Mr. Lutz said no evidence has been presented that makes this plat application special. With no further testimony the public hearing was closed. Councilmember Handmacher said he had many concerns to share and needed to respond. He said he felt the lot sizes were too small but they meet the King County rules and the city council has no discretion on that. With regard to open space, Federal Way has requirements but King County rules apply. As to landscaping, Federal Way retains significant trees and King County does not. He said he shares the frustration but Federal Way regulations will help on future issues. Councilmember Handmacher said there was something the council can do and that relates to schools. He said the council should take steps to deal with this issue since the school district won't deny plats or developments. He said this can be painful but it is time to take a stand. He said the city council should take a position to limit new residential growth until the school district can handle that growth. Councilmember Handmacher moved that the city council deny the application for the plat because of the impact on the School District which would create a hardship on the students being forced to other schools; Second by Counci1member Templeton. Mr. Wallace cautioned the council that this matter should be discussed in executive session due to potential litigation. The council recessed into executive session at the hour of 8:45 p.m., for a 10-minute meeting. Mr. McFall extended the time for executive session at the hour of 8:59 p.m. for another 10 minutes, and again at the hour of 9:l0 p.m. for another fifteen minutes. The meeting reconvened at the hour of 9:18 p.m. Council Meeting Minutes May 29, 1990 - Page 6 Counci1member Handmacher said he would like to talk about the facilities report that was circulated by Ms. stauss and asked that the hearing be re-opened for the purposes of questions to the School District and for adding the facilities report to the record. Counci1member Handmacher moved to table his earlier motion made prior to recessing for the executive session; Second by Councilmember Templeton. Motion to table passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates 'Webster Handmacher Yes Yes Yes CORRECTED. .REFER TO MINUTESOF fp/19/~~ Councilmember Handmacher moved to renew his earlier motion to deny plat; Second by Councilor Stead. Motion to put the denial motion back on the floor passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes The council re-opened the public hearing as requested earlier by Councilmember Handmacher. Councilmember Handmacher asked questions of Ms. Wall relating to student growth, busing, bond issue funding and family impacts. Ms. Wall said it was her personal opinion that double shifting would be detrimental to students, but the School District has not taken an official position. Councilmember Webster reminded the council that approval of any plat would add to the overcrowding. Deputy Mayor Gates asked questions on whether the projections were based upon students entering school in 1991. Mayor Ertel asked questions about the number of students from single family homes. Mr. Lutz, representing applicant, told the council that no specific evidence has been brought forth about the impact on schools to not provide education and it is not significant under the RCW. He said the SEPA review has been completed and he urged the councilmembers to approve the application. Council Meeting Minutes May 29, 1990 - Page 7 Councilmember Handmacher circulated the facilities report at this time. This report is marked Exhibit "B" and made a part of the record and is located in the office of the city clerk. Ms. Stauss briefly reviewed this report and explained the statistics contained therein. The council was informed that the applicant had not seen this report. Mayor Ertel announced the public hearing was closed. Councilmember Handmacher moved to add to his earlier motion the finding, based on testimony from Judy Wall, specific projects would be provided on the assumption the bonds would pass; there is clear evidence the schools in the south and north ends are at, or over, capacity; if the bond fails and the buses are inadequate, and, faced with creating more over-crowding, the city council determines that approval of this plat is not in the best interest of the general public's health, safety and welfare; this plat is detrimental and staff is instructed to prepare findings and conclusions; Second by Counci1member Templeton. Councilmember Stead said he shared Councilmember Handmacher's concern and shared the view to use this property as a park leaving the trees and wetlands but he doesn't think denial based on the school issue is the way; it is difficult finding that Ms. Wall's testimony leads to that conclusion as the motion suggests; it is a policy decision that needs to be made on all plats; and, passage of this motion would allow no more plats in Federal Way; this is second-guessing the School District. Mr. Wallace explained to Councilmember Handmacher that the testimony was not substantive enough to warrant the council changing the lot sizes, but the council has the authority to require sidewalks and open space. Counci1member Templeton said he didn't feel Ms. Wall conveyed the information he was hoping for; he shares the concerns after hearing Ms. Wall's testimony. City Council Minutes May 29, 1990 - Page 8 Councilmember Webster said he has somewhat the same concern and would be more comfortable with more information from the Superintendent or the Assistant Superintendent on space allocation. Deputy Mayor Gates asked if the council could get the information asked for by Counci1member Webster? She expressed concern over delaying the technical educational areas because the bond money would only be used for sites and buses, and concurred she would like additional information before rendering a decision. Deputy Mayor Gates moved to table; Second by Councilmember Stead. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes No No Gates Webster Handmacher Yes Yes No Deputy Mayor Gates moved to continue this hearing until June 19, at Federal Way City Hall, at 7:00 p.m.; Second by Councilmember Marks. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes Yes No Gates Webster Handmacher Yes Yes No The meeting recessed at 9:45 p.m. and reconvened at the hour of 9:51 p.m. 2. Fire Department Report Chief Hash reported to the council that the Fire Department had just completed their first planning retreat and invited input from the citizens and the city as well as the schools, the state and others in their planning process. 3. Citizen Comment Councilmember Marks moved to allow citizen comment on any subject at this time; Second by Counci1member Stead. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes city Council Minutes May 29, 1990 - Page 9 CORRECTED - REFER TO MINUTES OF 1011 Cf/1- d 5. There was no one present who wished to speak at this time. 4. Boys and Girls Club Councilmember Templeton told the council he had received a letter from the Boys and Girls Club Director and they have , set forth their final determination. Social Security Substitute Mr. McFall informed the counci1members that the personnel committee had reviewed this issue and felt it was a good program to pursue; the survivor benefits are better than Social Security - the proposal is in excess of Social Security benefits. He said he needed council authorization to proceed; with authorization he would prepare the necessary documents and bring them back to the council. Motion to approve the city manager's recommendation by Councilmember Stead; Second by Councilmember Templeton. Councilmember Marks asked if doing nothing was an option and Mr. McFall responded that it was with the exception of Medicare. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes 6. Authorization for City Manaqer to Execute Interlocal Aqreement with Kinq County for Capital Proiects (Roads) Mr. McFall explained that he recommends some language changes to allow the city some options; if this goes forward it will allow proceeding with a condemnation ordinance on 356th. Councilmember Handmacher asked questions relating to overhead costs. Mr. McFall said this issue was already brought to the attention of the County but he would continue to pursue. He continued by saying that he would work on rewording the section relating to the cost of City Council Minutes May 29, 1990 - Page 10 defense. Mr. McFall told Mayor Ertel that he would keep track by monitoring the project reports. Councilmember Handmacher reminded the council that some of the projects listed on the attachment are done. The council concurred with Mr. McFall to reword the indemnity and overhead sections and bring back for final approval at the June 5, 1990 meeting. 7. Establishment of Solid Waste Advisory Committee Councilmember Marks said the public works committee had reviewed this item and said it looks good. The committee would complete their work and be disbanded by October 31, 1990. Mr. McFall told the council he needed authority from the council to establish the commitee and then solicit members. Counci1member Marks asked if this could be done by June 7, 1990 and was told by Councilmember Handmacher that might not be enough time. The council concurred to solicit members until June 15, 1990. Councilmember Marks moved to approve establishment of a solid waste advisory committee for Federal Way; Second by Councilmember Stead. Mr. McFall told the council that the committee will complete their task by October, 1990 and bring back options to the city council. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes 8. Authorization to Schedule 6-Year Transportation Plan Hearinq for June 26, 1990 Motion to approve by Councilmember Handmacher; Second by Councilmember Stead. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes City Council Minutes May 29, 1990 - Page 11 V. FIRST READING ORDINANCE 1. An Ordinance of the City of Federal Way, Washington, Amending Section ll(B) of Ordinance No. 90-54 of the City, To Establish Distance Separation Between Temporary Fireworks Stands and Gasoline Stations or Other Premises Where Flamable Liquids or Gases are Kept or Stored Mr. McFall told the council that in the interest of the fireworks stand operators, the council needed to pass this ordinance. Counci1member Stead moved to suspend the rules and adopt this ordinance tonight; Second by Councilmember Marks. Motion to suspend the rules passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes ~.,ð Motion to adopt Ordinance No. 90-3i by Councilmember Templeton; Second by Councilmember Stead. Councilmember Handmacher asked questions about whether or not a fee was needed. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes VI. RESOLUTIONS 1. A Resolution of the City Council of the City of Federal Way, Washington, Adopting the Local Hazardous Waste Management Plan for Seattle-King County Mr. McFall reported that the council needs to adopt a plan by June I, 1990. City Council Minutes May 29, 1990 - Page 12 Motion for approval of Resolution No. 90-27 by Councilmember Stead; Second by Councilmember Marks. Motion passed as follows: Ertel Stead Marks Templeton Yes Yes Yes Yes Gates Webster Handmacher Yes Yes Yes 2. A Resolution of the City Council of the City of Federal Way, Washington, Establishing a Deferred Compensation Plan; Appointing the ICMA Retirement Corporation to Serve as Administrator of the Plan; Authorizing the Mayor and City Clerk to Execute the Declaration of Trust of the ICMA Retirement Trust and Providing that the City Manager or the Manager's Designee Shall be the Coordinator for the Program Mr. McFall said this resolution is self-explanatory but would be happy to provide additional information if anyone needs it. Motion to approve Resolution No. 90-28 by Councilmember Templeton; Second by Councilmember Stead. Motion passed as follows: Ertel Yes Gates Yes Stead Yes Webster Yes Marks Yes Handmacher Yes Templeton Yes VII. ANNOUNCEMENTS Councilmember Marks said he would like to invite the mayor and council to a production of Beethoven's Ninth at 7:30 p.m., on May 30, 1990; this is a major cultural event for Federal Way. Neither Mayor Ertel or Deputy Mayor Gates were available so Councilmember Stead said he would attend. VIII. ADJOURNMENT The meeting adjourned a ~DE~Al WA Y SCHOOL DISTRICT No. 210 ELEMENT).RY SCHOOLS JUNIOR HIGH SCHCOlS-- C-6 B-3 G-S .....~ 64 lIIah.. 66 Kilo 62 lakota 61 S.co¡a..... 65 Totem E-9 G-6 0-6 E-S G-3 ~I ~I ~ I" o.:t:> . c.,¿. B Codt--II 1 __1111 " -"...... -... s~ :! 10 ! ....,... /I G -'J. - , May 29, 1990 TO: The Board of Education Dr. Richard Harris, Superintendent of Schools FROM: Erma Hanson, member Site Review Committee RE: Elementary and Jr. High Site Recommendations The Site Review Committee recommends to the Board of Education that the east side SITE 37 be the next elementary location, and that the west side SITE 14 be developed CONCURRENTLY with it. We would recommend that SITE 22, located in th~ core of the district, be designated as a third elementary location. Our Committee's recommendation for the next junior high location is SITE 70. RATIONALE FOR SITE 37: Of the eastside sites, SITE 29 is too far north for consideration; and although two or three members of the committee felt that SITE 85 (North Lake) had definite potential, the majority of the committee agreed that our decision was between SITES 35 and 31. Development is anticipated north of SITE 35, but the potential growth from Regency Woods, southwest of SITE 31, is expected to come on-line sooner, with a projected enrollment of 300 students, or 1/2 of an elementary school, at build-out. Building at SITE 31 would * provide room for this projected student enrollment from Regency Woods; relieve Lakeland's enrollment, which in turn could relieve Lake Dolloff; * * accommodate more walking students than would SITE 35; and utilize sewers and utilities in place on the north side of the site. * SITE 35 would require an on-site sewage disposal system or holding tank with pumping facilities. RATIONALE FOR SITE 14: The committee agreed there will be a need to develop SITE 22. But they also realize that in the west side of the district, Twin Lakes and Brigadoon need relief. In an effort to demonstrate that atten- tion is being given to the entire district, the committee anticipates SITES 14 & 37 relieving enrollment pressure at Twin Lakes, Brigadoon, Lake Dolloff, Lakeland and Panther Lake. RATIONALE FOR SITE 22: This site is recommended as the third elementary on the basis that Sherwood Forest will be filled to capacity, and a new development immediately north of SITE 22 will be followed by a development, Bella Carina Woods, immediately to the south which will be undertaken in the next 2 to 3 years. With SITES 37 & 14 relieving the growth pressure from the perimeter of the district's central core, Silver Lake, Panther Lake, Sherwood Forest and SITE 22 can better handle the phenomenal growth we're experiencing in that area. REPORT: SITE REVIEW COMMITTEE May 29, 1990 Page two SPECIAL EDUCATION UNIT: Dr. Gibbons informed the committee that the district needs to establish a second special education unit at one of the next two sites selected for development. That need reinforced the commit- tee's favoring SITES 37 and 14. Either of those two sites could better afford to set aside the housing space such a unit requires (reducing student capacity at that school by 200 students) than could SITE 22, located in the densely populated central core. RATIONALE FOR SITE 70: The committee really didn't consider any other Junior High site than SITE 70. Cognizant of the large enrollment at both Illahee and Lakota Junior High Schools, we realized that SITE 70 was the most logical location for the next junior high school. All utilities, including sewer, are immediately available at this site. Information provided to the committee by Assistant Superintendent for Secondary Schools, Tom Murphy, indicated that the potential growth for the district's junior high population, supported SITE 70 also. cc: Site Review Committee members Chairman, Dr. James Thrasher Assistant Superintendent for Elementary Schools, Dr. Dolores Gibbons Current Information as of May 29, 1990 Attend. # (17 Elem) 754* School Geographic Oct. 1,89 Enroll. Current Portables Geo. Projec. 90/1 Geo. Projec. 1991-92 Lakeland 687 6 661 678 * (120 - 130 new kindergarten students will be bussed to North Lake s~e) 747* Mirror Lake 471 4 654 675 613* Brlgadoon 596 236 units 22 students 103 units 11 students 323 units @ capac~y 40 students @ 1/2 capacity 2 554 569 1 606 627 4 668 759 Lexington Downs East Empire Gardens Grey Stone 580* Olympic Vw 492 685* Panther Lk 518 Cove Emerald Forest Fox Run Campus Vw/P. Lk West PtIWhisp. Hills 400 units @ capac~y 32 students 31 students @ 3/4 capacity 13 students 70 students 30 students Approximately 176 of the 685 students come from apartments = 25.6 percent Campus Highland Homes (located near Sherwood Forest - 340 single family units - will go to Panther Lake. Build out to be col'f1)leted over 5 years.) Campus Highland Townhomes 260 units (Build out to be completed over next year.) (487) Sliver Lake 460 604 715 (currently housed at the Mark Twain site originally 450 kids were identified one year ago - recent boundary changes pulled 100 students from the Ridge and Cove areas.) Sherwood Forest 645 696 (487 students identified for North Lake site in Fall 1990 during school construction.) 561 Emerald Glen II Campus Grove Campus Crest 268 un~s @ capacity 204 units @ capacity 376 units @ capacity 10 students (412) Mark Twain 445 457 (412 students identified during recent boundary changes t~e~d MT in Fall 1990.) * Current Attendance Numbers include students who attend a given school Øt IiJ outside the geographic areas. Reasons for this include: daycare and special programs: Transitional Bilingual Education, GATE, Special Education. In addition these numbers are based on 17 elementaries while the projected numbers are based on 19 elementaries. ** Boundaries are based on Geographic Numbers and therefore may appear to "conflict" with Attendance Numbers. Schools at Capacity: All schools are considered at capacity with the exceptions of Olympic View, Lake Grove, Mark Twain and Sunnycrest. The district makes every effort to maintain the neighborhood schools concept. As schools reach building capacity, the most appropriate way(s) to address needs are discussed. Alternatives could include addition of portables, transferring a grade level to another school (e.g., Lakeland kindergarten), or double shifting to more long range possibilities such as magnet or year round schools. The District must and will serve all children within the District boundaries.