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Council MIN 06-19-1990 Regular CITY COUNCIL MINUTES City of Eederal Way Municipal Building - Federal Way, Washington June 19, 1990 - 7:00 P.M. I. CALL MEETING TO ORDER Mayor Ertel called the meeting to order at the hour of 7:03 p.m. II. PLEDGE OF ALLEGIANCE Councilmember Marks led the councilmembers and audience in the flag salute. III. ROLL CALL OF COUNCIL Present: Mayor Debra G. Ertel, Deputy Mayor Mary Gates, Councilmembers Jim Handmacher, Lynn Templeton, Joel Marks, Bob Stead and Jim Webster. Staff present: J. Brent McFall, City Manager; John Wallace, City Attorney; Greg Moore, Acting Community Development Director; Stephen Clifton, Senior Planner; Maureen Swaney, City Clerk and Chris Greene, Senior Secretary. Media present: Joe Turner, Tacoma News Tribune; Kurt Hertzog, Federal Way News, and Leon Espinoza, Seattle Times. IV. AUDIENCE COMMENT Mr. Ed Stickle, 1228 S.W. 296th Street, Federal Way, questioned the process of his city name-change petition. He circulated a handout, attached hereto as Exhibit "A" and made a part of the minutes. Mr. McFall said he had received a legal opinion on this matter last week and will be distributing it to councilmembers for their review and discussion. Chief Bob Hash, Federal Way Fire District #39, urged the councilmembers to pass the smoke detector ordinance. V. INTRODUCTION 1. Introduction of City Logo Committee Mayor Ertel introduced the logo committee and reviewed their work assignment. The committee members are: Don Eiler, Hope Elder, Rosalie Luce, Scott Fisher and Rudy Raspa. She said that the FilipinO-American Society has donated $500 for a logo contest prize. ORIGINAL ---------------------- --- ---- --...------ -- City Council Meeting Minutes June 19, 1990 - Page Two VI. CONSENT AGENDA Deputy Mayor Gates requested that item #6 be pulled from the Consent Agenda. Councilmember Stead requested the minutes also be removed from this agenda. Councilmember Stead, referring to the May 29, 1990 minutes, on page 9, said the portion about to the Boys and Girls Club needs to be clarified. On the May 17, 1990 minutes, they should reflect that Councilmember Stead was excused from the hearing. Councilmember Webster, referring to the May 15, 1990 minutes, on page 9, said the vote needs to show that he voted affirmative on both the amendment to the motion and the motion as amended. Councilmember Handmacher, referring to the first pages of the minutes of May 15 and May 29, 1990, said the Fire Chief's name needs to be changed from John Hash to Bob Hash. And, on May 29, 1990, page 6, 3 paragraphs down, Councilmember Handmacher's motion should be shown that it was to re-open the public hearing, On page 8, of the May 17, 1990 minutes, fourth line down, it should be a through intersection instead of a true intersection. On the same page, about ten lines down in that paragraph, it should say paid instead of paved. 1. 2. 3. 4. 5. 7. Minutes of City Council - May 15, 1990 Minutes of City Council - May 29, 1990 Minutes of City Council - May l7, 1990 lnterlocal with King County on ClP - Roads June 19, 1990 Voucher lnterlocal with Fire District for Fuel and Products Petroleum Motion to approve the Consent Agenda as amended by Councilmember Stead; Second by Deputy Mayor Gates. passed as follows: Motion Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes ------- --------....._-_..~--- --- City Council Meeting Minutes June 19, 1990 - Page Three - VII. COUNCIL BUSINESS 1. Continuation of Campus Ridge Preliminary Plat Mayor Ertel asked if any councilmembers wished to declare any ex-parte contact regarding this matter. Councilmember Webster indicated he had looked at a portion of the property. Deputy Mayor Gates said she had talked to Dale and Laurie Landstrom who live adjacent to the property;-- they had requested an update on the status of the issue. Councilmember Templeton explained to the audience why the council needs to refrain from certain communications in a quasi-judicial matter. No member of the audience responded when asked if anyone had any concerns over the appearance of fairness. Mayor Ertel told Mr. Wallace that documents handed out to the councilmembers prior to the continuation of this hearing have been turned over to the City Manager and need to be formally presented to the council during the hearing. Mr. Richard Hamlin, Assistant Superintendent/Support Services, said the school district plays a big part in the community, but they are not in the land development business. He reviewed Federal Way School District construction projects. He said the information is current as of June 5, 1990. Mr. Hamlin said most growth is being experienced in the West Campus area. He reviewed information on the proposed bond issue election and surplus property disposition. Councilmember Templeton asked for confirmation that there were 19 elementary schools with two additional facilities planned. Mayor Ertel asked questions relating to 1991-1992 projections. Questions were asked about how many lots were in the pipeline and staff responded that there were 500 to 600 single family lots and about 800 multi-family lots in the pipeline. The councilmembers were assured that the school projections include statistics from building permits and real estate information. Mr. Hamlin told the council that if the bond measure fails the School District will look at options such as boundary changes, busing, portable buildings, double-shifting and year-around school. These options have not been priortized; all alternatives will be reviewed to determine what is best for the student and the programs. Mr. Hamlin agreed with Councilmember Handmacher that having a neighborhood school is much preferable to double-shifting; he said that double-shifting does not affect the quality of education, but it could add inconvenience. -------------- - - City Council Meeting Minutes June 19,-1990 - Page Four Applicant did not wish to respond. Mayor Ertel opened the public hearing and reminded the audience that testimony must relate to only the school issue. Mr. Don Van Noke, 215 S.W. 327th, Federal Way, circulated a story from the News Tribune. He expressed concern over school capacity and urged no moritorium, but asked the council to wait until the dust settles and not count on passage of the bond measure. Susan Honda, 6th Avenue S.W., commented on wildlife. Mayor Ertel reminded Ms. Honda that testimony is restricted to the school issue. Eileen Stauss, 32636 7th Avenue S.W., circulated a handout. She said the issue is more than 24 homes and urged a moritorium until the bond issue passed. She reviewed information on the condition of the school buses. She urged stopping the project. The applicant did not wish to question or respond to any citizen testimony. With no further testimony, Mayor Ertel declared the hearing to be closed. Mayor Ertel summarized the motion which had been tabled at the last hearing which was to deny the application for the plat because of the impact to the school district. Councilmember Templeton moved to take the May 29, 1990 motion off the table; Second by Councilmember Marks. Motion to take the motion from the table passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes No Yes Councilmember Handmacher discussed the motion he had made and said he had thought it to be a good idea and the problem with the schools is still valid; he hopes the bond measure passed but is concerned over its possible failure. He said that based on testimony tonight, the facts are not there to support this motion and he will vote "no" on the motion. Councilmember Stead agreed and said, that given tonight's testimony, the motion can't be justified. Councilmember Templeton concurred with Councilmembers ------- ._~- d- --~~- .-- --- City Council Meeting Minutes June 19, 1990 - Page Five Handmacher and Stead. Counci1member Webster said the council had been looking for a good sound basis and based on the information presented doesn't feel there is a legal basis to deny this particular plat. Deputy Mayor Gates said nothing definitive came from extending the hearing and suggested the possibility that the school district issue a certificate of classroom availability in the future; that the city and schools work in a cooperative effort so that comfortable solutions can be formulated. Councilmember Handmacher added, for the benefit of the audience, the city was working on developing an impact fee ordinance that will include schools. Gates Marks Templeton Ertel No No No No Handmacher Stead Webster No No No In response to a question from Councilmember Webster, Stephen Clifton said that applicant has information on the fee which might be required. The amount of open space which could be required amounts to 7,862 square feet whch is equivalent to one of the lots. Councilmember Webster suggested the council require Lot l4, including the access to 7th Avenue S.W. be requested as public open space as part of the project instead of a fee in-lieu-of which would not have the impact that this open space would have; it appears the lot would be suitable for at least a children's play area. Mr. McFall commented on the maintenance aspect of this open space and asked about who would own and maintain the property - the homeowners or the city. He expressed concern that a small isolated lot could be a major maintenance expenditure for the city. Councilmember Stead said his concern is that he would like to see sidewalks on both sides of the street. Councilmember Handmacher agreed with the need for sidewalks but said he had a concern that the open space would be a funnel for children going into the Native Growth Protection Area and suggested looking at using Lots 23 and 24; he felt these lots were more visable and safer as well as more accessable for maintenance. Councilmember Handmacher said maybe the council could ask for play equipment to be included. Mr. Wallace said that in order for the council to ask the developer to include a park the council would need to identify a need from the development impacts from this proposed plat. If that is identified, then the council can make that provision to not only set aside land but to provide recreation facilities. City Council Meeting Minutes June 19, 1990 - Page Six Deputy Mayor Gates said that from a security standpoint, she would concur with Councilmember Handmacher's suggestion which protects the wetlands. Mayor Ertel said she concurred with the need for a park and agreed with the City Manager to let it be part of the development. The council continued discussing how much land the city could require in order to mitigate the development impacts. Councilmember Handmacher moved to approve the Campus Ridge Plat subject to the conditions imposed by the King County Hearings Examiner and subject to the additional conditions recommended by staff in tonight's memorandum--there are three condition--and to drop Condition #2 and also include Condition #3 in place of Condition #2 as recommended by the staff; require the applicant to set aside Lots 23 and 24 as open space and active recreation area to be owned and maintained by the homeowners association and to include play structures for children and require sidewalks on both sides of 7th Avenue S.W.; Second by Councilmember Templeton. In response to a suggestion from Mr. Wallace, language was added to the motion to instruct staff and the City Attorney to prepare appropriate findings regarding this application. Councilmember Handmacher said the findings should include information on the City of Federal Way Zone on Open Space requirements; this is the amount of open space needed to mitigate the impact and include information on why Federal Way requires more than King County. Motion passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes The meeting recessed at the hour of 8:45 p.m. and reconvened at 8:53 p.m. VIII. CONSENT AGENDA CONTINUED 6. Authorize Special Session Council Meeting on June 21, 1990 Mr. McFall told the councilmembers it was necessary to discuss some options on the Evergreen Airfield; this is a policy decision that is needed if a grant application is to --------------------- - - ---- ------- -------- City Council Meeting Minutes June 19,1990 - Page Seven be submitted. Counci1member Webster said that a 50% state grant is worth holding an executive session, either on June 21 or as quickly as possible. Motion to hold this session on June 26, 1990 by Councilmember Handmacher; Second by Councilmember Stead. Motion passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes The council confirmed this meeting will start at the hour of 7:00 p.m. and the previously scheduled photograph session at Steel Lake Park will be moved from 5:30 p.m. to 6:00 p.m. IX. COUNCIL BUSINESS CONTINUED 2. City Council Meeting Rules Councilmembers discussed whether or not to leave in the councilmember roll call at the start of the meeting. They concurred it identified the members of the council and should be left on the agenda. Councilmember Marks asked questions about the fifteen minute limit on audience comments on the non-agenda items. Mayor Ertel said that it was a general guideline and the 3-minute testimony limit is the important part. There was comment on action items only which will be clarified in the adopting resolution. Councilmember Stead moved to instruct staff to incorporate the approved parts of the memorandum into the prospective council rules including the comments; Second by Councilmember Marks. Motion passed as follows: Gates Yes Handmacher Yes Marks Yes Stead Yes Templeton Yes Webster Yes Ertel Yes 3. Request for I-Year Extension of Preliminary Plat of Southampton Court Mr. Bill Fewins, Senior Planner, reviewed the staff report. There was discussion on whether it was necessary for the Fire Department to approve the one-half cul-de-sac. Mr. McFall clarified the location of the plat and said that prior to final approval improvements need to be installed; this request is only for an extension of time. City Council Meeting Minutes June 19, 1990 - Page Eight Councilmember Templeton moved to approve the one-year -extension; Second by Counci1member Stead. Motion passed as follows: Gates Yes Handmacher Yes Marks Yes Stead Yes Templeton Yes Webster Yes Ertel Yes 4. puget Sound Council of Governments Mr. McFall informed the council that a presentation on this item is scheduled for the July 10, 1990 Study Session council meeting. x. FIRST READING ORDINANCES - Next Ordinance No. 90-62 1. An Ordinance of the City of Federal Way, Washington, Requiring Licenses for Engaging in Temporary Businesses within the City, Defining Terms, Providing Procedures for Issuing, Suspending and Revoking Such Licenses, Setting forth Fees, Establishing Penalties for Violations and Establishing An Effective Date Motion to suspend the rules and place this ordinance before the council for second reading by Councilmember Webster; Second by Councilmember Templeton. Motion to suspend the rules passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes Motion to approve Ordinance No. 90-62 by Deputy Mayor Gates; Second by Councilmember Handmacher. Discussion continued on suggested amendments that change appeal hearings from council to hearings examiner and the motion maker and second agreed to include these changes as a friendly amendment to the original motion to approve Ordinance No. 90-62. Motion passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes 2. An Ordinance of the City of Federal Way, Washington, Requiring the Installation and Maintenance of Smoke Detectors in all Dwelling Units; Containing a Severability Clause and Setting An Effective Date Ci~y Council Meeting Minutes June 19, 1990 - Page Nine Councilmember Marks said he would like to see smoke detectors in every home in Federal Way but would like to see it done in a way different from an ordinance. Councilmember Marks moved to not adopt the ordinance and have the City of Federal Way work in concert with the Fire Department to do public relations to encourage all residents to have smoke detectors in their homes and have the City Manager bring back a recommendation; Second by Councilmember Stead. Councilmember Stead commented on why this ordinance was needed. Councilmember Handmacher said the Fire Department has offered to install units for any resident who is unable to afford to purchase a detector. Councilmember Webster was told that in order to enforce the ordinance, the public would need to be made aware of the regulation. Councilmember Stead said there have been requirements for smoke detectors since 1982 and there is a need to ask for protection in homes built prior to that time. Councilmember Marks said he opposed this ordinance to require installation; and, he still thinks it is better to have a continuing public relations program. Councilmember Webster urged the council to vote "no" on this motion and have public input at the time of second reading. Motion failed as follows: Gates No Handmacher No Marks Yes Stead No Templeton No Webster No Ertel No Counci1member Stead moved to refer this ordinance back to the Public Services Committee; Second by Deputy Mayor Gates. Prior to voting, this motion was withdrawn by the motion maker and second. Councilmember Handmacher moved to put this ordinance on the July 3, 1990 agenda for public input and second reading; Second by Councilmember Stead. Prior to voting, the council concurred to amendments in Section 5, page 5, adding in the second sentence, "Unless it is replaced.." and on page 6, Section 9, last line, adding after the word failure "to install or-the failure." Motion passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes City Council Meeting Minutes June 19, 1996 - Page Ten 3. An Ordinance of the City of Federal Way, Washington, Amending Ordinance No. 90-37 to Authorize Events at Parks Between 9:00 a.m. and 10:30 p.m. and to Prohibit Noise from Construction Sites and Noise from Residential Properties Relating to Maintenance or Repairs During Certain Hours, as well as Noise from Squealing or Screeching Tires; Containing a Severability Clause; Setting an Effective Date and Approving an Ordinance Summary for Publication Councilmember Handmacher moved to set this ordinance for adoption on the July 3, 1990 agenda; Second by Councilmember Templeton. Motion passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes 4. An Ordinance of the City of Federal Way, Washington, Providing for the Acquisition of Certain Property and/or Certain Easements Over, Along, Under and Across Certain Property for the Purpose of Constructing and Installing Street Improvements along a Portion of South and Southwest 356th Street, together with all Necessary Appurtenances and Related Work Necessary to Make a Complete Improvement in Accordance with Applicable City Standards all within the City of Federal Way, Providng for the Condemnation, Appropriation, Taking and Damaging of Land or other Property Necessary Therefore; Directing the City Attorney to Prosecute the Appropriate Action and Proceedings in the Manner Provided by Law for said Condemnations Councilmember Handmacher moved to suspend the rules and have second reading tonight on this ordinance; Second by Councilmember Marks. Motion passed as follows: Gates Marks Templeton Ertel Yes Yes Yes Yes Handmacher Stead Webster Yes Yes Yes Motion by Councilmember Handmacher¡ Second by Councilmember Templeton to approve Ordinance No. 90-63. The council asked that where City Attorney was written in the ordinance to add "or other ._~-.._---------------- ---- City Council Meeting Minutes June 19, 1990 - Page Eleven attorney selected." Counci1members Templeton, Marks and Webster expressed concern over passage of this ordinance. Mr. McFall told the council they could wait but the council might want to proceed with the project and not hold hearings on each condemnation. Councilmember Stead informed the council that the court will have to find a necessity to start the project and the ordinance only allows the process to move forward. XI. Motion passed as follows: Gates Yes Handmacher Yes Marks Yes Stead Yes Templeton Yes Webster Yes Ertel Yes RESOLUTIONS - Next Resolution No. 90-34 1. A Resolution of the City Council of the City of Federal Way, Washington, Requesting King County to turn Certain Funds over to the City which have been Deposited with the County for purposes of Installation of a Traffic Signal at 10th Avenue S.W. and S.W. Campus Drive, within the City Limits of the City of Federal Way Motion for approval of Resolution No. 90-34 by Councilmember Marks; Second by Councilmember Templeton. Motion passed as follows: Gates Yes Handmacher Yes Marks Yes Stead Yes Templeton Yes Webster Yes Ertel Yes X. CITY MANAGER REPORT Mr. McFall introduced Kathy McClunq, Community Development Permit Specialist and John Moir, Finance Director. Mr. Moir reported to the councilmembers that the sales tax collection is ahead of schedule but the fine revenue is running behind. Mr. McFall said this will allow reserves to start being established for the next revenue year. Mr. McFall said the new Code Enforcement Officer will start on July 2, 1990. Mr. McFall requested the council authorize-a 3D-minute executive session to discuss litigation and property acquisition. City Council Meeting Minutes June 19, 1990 - Page Twelve Counci1member Marks said he would like to see the City Manager do a policy for the council-relating to meetings and travel; it would be used by the council as a guideline. Mr. McFall said he would provide sample copies to the Personnel Committee. Councilmember Handmacher suggested it not be done just because of media attention. XI. COUNCIL REPORTS Councilmember Webster said the Parks Committee will meet in the morning at the hour of 7:30 a.m. to consider appointments to the steering committee. Councilmember Webster requested that the upcoming executive session include a personnel matter. Mayor Ertel said that Metro will meet on Thursday and the important item is the election of a chair; and, any council input would be appreciated. She said that Federal Way will get a second seat on Metro when the city's population reaches 65,000. Councilmember Templeton said the Human Services Committee met this date and will meet again on July 10, 1990, at 7:30 a.m. The applications for membership on the Human Services Commission will close on July 30, 1990 at 5:00 p.m. Councilmember Stead said the Personnel Committee will be meeting to discuss the council committee structure. XII. AUDIENCE COMMENT There was no audience comment. XIII. ADJOURNMENT The council recessed into executive session at the hour of 10:35 p.m. for a thirty-minute meeting. At the hour of 1l:05 p.m. Councilmember Stead informed the audience the council needed another five minutes. The council adjourned the executive session at 11:10 p.m. The regular scheduled council meeting adjourned at 11:10 p.m. ,/"'---7) , (~ /~ " / /. - / y//? ~' ' ~ -. au een M. Swaney,' CMC 7 City Clerk Federal Way City Council Meeting, June 19, 1990 ~(t¡1) WHITHER GOEST THE CITY COUNCIL ON THE NAME CHANGE PROCESS? When I spoke to the council in March on the city name change process it was to clarify why certain of us voters had filed petitions in the way we did and when we did. This time I'm here to ask the City Council to clarify to the voters why they are taking or not taking certain actions relative to this issue. I'd like to explain why such clarification appears necessary. . First, I'm happy to say that the council determined that all of the petitions submitted in March were legally acceptable and on April 12th forwarded them to the County Superintendent of Elec- tions for. validation of the signatures. On April 16th, the County Superintendent of Elections reported to the City Council that they had validated enough signatures to declare the petitions sufficient for placing the issue on the ballot. On May' 11th, the City Attorney advised that in anticipation of a question from the city council as to whether the issue should be placed on the ballot in November 1991 under the old law or in November 1990 under the new law, he had studied the laws and came up with his findings. Since the City Council, however, had not yet asked him the question, he said he was gbing to bring the matter up to the city manager later that day. A month later, however, the City Manager was quoted as saying that he was still awaiting an opinion on the election date from the city attorney. At the same time, the mayor was continuing to say that she expected the name change election to be in Novem- ber 1991 and used this as justification for going ahead with a city logo selection at this time. In the middle of all this, time passed and the new name change law went into effect on June 7th. Presumably, this closed the option for having the election in November 1991 and mandates that it be held in November 1990. This brings us to tonight and there is still no word from the city council on the timing of the name change election. Isn't it time for the council to face up to the inevitable, announce that the name change ballot will be in November of this year, and use this reality as the basis for related decisions, such as logo selection, water tower painting, etc.? Ed Stickel 1228 S.W. 296th Street Federal Way, WA 98023 Tel. 839-0699 EXHI8IT ..l. NOTE TO CITY COUNCIL MEETING MINUTES OF AUGUST 7, 1990: Councilmember Stead made correction to minutes of June 19,1990, page 4, paragraph 8, vote on motion to remove motion from table, should have reflected his vote as being .YES.; however, after reviewing meeting tape found his vote was actually .NO. as originally reported. C!L~ CC: MEETING MINUTES OF JUNE 19, 1990