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Council MIN 07-03-1990 Regular CITY COUNCIL MINUTES City of Federal Way Municipal Building - Federal Way, Washington July 3, 1990 - 7:00 P.M. Regular Session I. CALL MEETING TO ORDER Mayor Debra Ertel called the Federal Way City Council Regular Session to order, at the hour of 7:01 p.m., on the 3rd day of July, 1990, in Council Chambers, Municipal Building, Federal Way, Washington. Those present participated in the flag salute. II. ROLL CALL OF COUNCIL Council Present: Mayor Debra Ertel, Deputy Mayor Mary Gates, and Councilmembers Jim Handmacher, Lynn Templeton, Joel Marks, Bob Stead and Jim Webster. Staff Present: J. Brent McFall, City Manager; John Wallace, City Attorney; Ken Nyberg, Assistant City Manager; Steve Anderson, Assistant City Manager; Greg Moore, Acting Community Development Director/Public Works Director; Kathy McClung, Permit Manager; Stephen Clifton, Senior Planner; Bruce Lorentzen, Building Official; John Moir, Finance Director; John Marchione, Assistant to City Manager; Maureen Swaney, City Clerk; and Chris Green, Senior Secretary. Media Present: Kurt Herzog, Federal Way News; Leon Espinoza, Seattle Times; and Bruce Rushton, Morning Tribune. III. AUDIENCE COMMENT Members of the audience may address the City Council at this time. When recognized by the presiding officer, please come forward to the podium and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. Additional audience comments are invited prior to the adjournment of the meeting. Members of the audience who wish to address the City Council on a public hearing issue need to comment at the time of the public hearing. There was no public comment. IV. CONSENT AGENDA 1. Appointments to Solid Waste Advisory Committee Interlocal Agreement with Fire District/Development Review Fees 2. ORIGINAL --- ------ ----------------- --- City Council Meeting Minutes July 3, 199a - Page 2 3. July 3, 1990 Voucher Councilmember Stead pulled Item 2 from consent agenda and Councilmember Handmacher pulled Item 1. Motion made by Deputy Mayor Gates to approve Item 3 of the Consent Agenda; Second by Councilmember Marks. Motion carried as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes V. PUBLIC HEARING ON CAMPUS PARK Mayor Ertel asked if any councilmember had ex parte contact, oral or written, to be identified. There was none. 1. Continuation of Campus Park Preliminary Plat a. Staff Report Stephen Clifton circulated and reviewed follow-up staff report from hearing of June 5, 1990, with staff recommendation reflected on page 3 of report. Mr. Clifton pointed out that on page 5, under Community Development Comment, paragraph 2, line 6, words "taken after" should be replaced with "based on". Also on page 6, paragraph 1, following "approved:" should read as follows: The applicants shall provide a minimum 30 foot wide public access easement along the northern portion of the site from the western most edge extending to 10th Avenue. A 30 foot public access sidewalk shall then extend along the northern edge of 10th Avenue S. to the intersection of 11th Avenue S. and S. 324th Street. A minimum 10 foot wide sidewalk shall be constructed along the south edge of 10th Avenue 5./5. 324th Street from the intersection of 11th Avenue 5./5. 324th Street to the east edge of subject plat (See Exhibit 5). Specifications for construction of a trail/s shall be worked out during engineering plan review prior to actual construction by applicants. Easement may be required on south edqe for bicycles and pedestrians in the engineerinq plan review. (note: revisions underlined) Councilmember Handmacher asked about 333rd and 1st where there is need for a traffic signal and should reflect the cost of $22,000 instèad of $2,200. Mayor Ertel is concerned about emergency access road being used as thru street. Councilmember Webster asked about road stripes and turn lanes for roads within the development. Mr. McFall explained all streets thru the development would be two lanes. Answers to questions by council were referred to Brian Smith, traffic engineer for Wilsey & Ham/Pacific. One of the concerns is the intersection at 333rd and 1st - City Council Meeting Minutes July~, 1990 - Page ~ with sight distance restrictions. Mr. Smith explained anaylsis reflects without development 252 trips v. 303 trips with development for 1995 estimate, reflecting the project would generate a 10% increase in traffic. Richard Lowe, project engineer for Wilsey & Ham/Pacific, said - analysis indicated signal lights were not necessary for this area. Councilmember Handmacher asked about intersection at 324th and 99. Mayor Ertel said she is concerned about safety at intersection of 10th So. and So. 333rd, if there are no signals. Mr. Lowe said a 4-way stop would be better for traffic flow, although no specific study had been done on that portion of roadway. b. Testimony on Traffic Issues Mayor Ertel opened discussion for public comment with respect to roads and traffic only. Jim Cron, 912 South 296th Place, Federal Way. Concurs with Councilmember Handmacher in that doesn't feel report from consultants is complete even though they are using acceptable standards for traffic flow, etc. Feels this development could be showplace project with traffic mitigation, and urges council approval. Applicant Response: Joel Haggard, attorney for applicant, said he respects professional consultants opinions even though he sometimes questions their comments. They are not willing to accept responsibility for cost of signals at 1st and 333rd since studies reflect they will be necessary with or without project. Mr. Haggard complimented King County and City staff on an excellent job, but doesn't agree with analysis regarding bikes and pedestrians. City Attorney Wallace said council needs to address Mr. Haggard's concern on parks issue and may want to continue and explore same. Mr. Haggard said he doesn't want a continuance and feels since the parks issue should be excluded as there is no basis to review on that issue. Councilmember Handmacher requested five minute recess at 8:35 p.m. Council reconvened at 8:45 p.m. Mr. Wallace referred to KC Code 21.49.050 dealing with waiving or payment of pro rata share with respect to traffic, i.e., applicant must either do 1,2,3 or 4 established under 21.49.050 or reduce traffic flow or King County will establish date for improvements. ~r. Haggard said they will waive. There was a question regarding where 8.4%-10% increase came from. Per Mr. Lowe, 10% traffic would be generated from project not 8.4%. Mr. Haggard agreed to accept 10% figure. Mayor Ertel closed public hearing at 8:50 p.m. - City Council Meeting Miriutes July 3, 1990 ~ Page 4 c. Council Discussion and Decision Councilmember Handmacher raised two issues: (1) still doesn't agree with 10% increase at 330th and 99, but agrees with payment of $100,000; and (2) on 333rd and 1st, he can't accept 1.8% as the realistic estimate of pro rata share for this project and recommends it be increased to 16.8% or $21,000. Councilmember Stead feels they must accept the 1.8% standard based on records, but does agree with Councilmember Handmacher's analysis of percentage being based on actual experience instead of engineering report. Councilmember Templeton would like bike lanes added to conditions. Mayor Ertel said she is still concerned about that intersection being a future major problem. Councilmember Handmacher said council could either continue hearing for additional testimony or let engineers work out problems and add as conditions of the agreement. Both Deputy Mayor Gates and Councilmember Templeton voiced their concerns with this area, and Mayor Ertel agreed saying there are just too many problems dealing with traffic. Councilmember Handmacher requested staff to draft some language, as an addition to Condition #8, which was immediately prepared and presented to council and applicant as follows: The obligation to make this contribution shall continue for a period of time not less than six years after issuance of the last building permit on the last in the plat, not to exceed twelve years from the date of the posting of security with the city to assure payment. Such security shall be in the form of a surety bond or other suitable security acceptable to the city attorney. The payment to be made pursuant to this condition shall be due at such time as the city council authorize the project to commence by authorizing the roadway to be designed. If the project is abandoned, any funds not expended or otherwise encumbered shall be refunded to the developer. Mayor Ertel feels information received from engineers can be used as informational and not solely for decision making. Councilmember Stead said they have the right to discount information, but must reopen hearing to argue issues, as doesn't feel council can throw out testimony in the record and substitute council's own judgment or feelings. Councilmember Handmacher said this is a legal standard, not a factual one. Mr. Wallace said the definition of pro rata share for peak traffic was discussed in June 5th staff report, which Councilmember Handmacher read for council's benefit. Mr. Clifton read the following additional Condition #9: Particular consideration shall be paid to the method of traffic control at the intersection of 10th and 333rd. This shall be performed during engineering review of the City Council Meeting Minutes July 3, 1990 - Page 5 plat. The City of_Federal Way Community Development Department shall determine what necessary requirements shall be imposed based upon engineering plan review. Applicants shall be subject to requirements applied as a result of this review. Motion by Councilmember Handmacher to approve the plat, subject to conditions, which are on page 10 and 11 of the staff report dated July 3, 1990, with the following changes and additions: Condition #3, the dollar amount will change from $2,250 to $21,000, either paid, bonded or other appropriate security; Condition #8, would have the additional language provided by staff; and Condition #9, would be the added language read into the record by Mr. Clifton; Second by Councilmember Stead. Mr. Wallace asked for clarification from council on several points. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes VI. COUNCIL BUSINESS Mayor Ertel wished Councilmember Templeton "Happy Birthday". Also, tonight is John Wallace's last meeting as city attorney, and Mayor Ertel extended the council's thanks and appreciation for all his hard work and support, and presented him with a gift from the council. 1. Smoke Detector Ordinance Mayor Ertel explained first reading on this ordinance was two weeks ago, and called for public comment on the ordinance, limiting comments to three minutes. a. Public Input Dave Crossen, Assistant Chief, Federal Way Fire District No. 39. He feels this is very important to the community, as it is a fact that smoke detectors save lives. In his 22 years of service, he has seen the many deaths and injuries that could have been avoided if smoke detectorg had been in place. The current laws and ordinances require detectors in rental homes, but home owners are not required to install detectors--this does not make sense. He stressed to council that the people they pull from fires are not the owners, but children, neighbors and other people in the building who are innocent victims and had no choice in the decision to not install smoke detectors. This ordinance City Council Meeting Minutes July 3, 1990 - Page 6 will allow the council to help control some of the destinies for people who are unable to make their own decisions. Jim Osborne on behalf of the following organizations: As a Commissioner of Fire District No. 39, he wants the council to know they are 100% behind the adoption of this ordinance, as it can do nothing but save lives. He is also President of King County Fire Commissioners Association, and, through a vote taken, they endorsed this legislation. Also, as member of joint board of King County Commissioners and King County Fire Chiefs, the board has voted to endorse same. Similar legislation is currently being presented to King County Council, so if approved would have uniformity between county and cities. b. Enactment Ordinance - Next Ord. No. 90-64 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 Motion by Councilmember Webster to approve Ordinance No. 90-64; Second by Councilmember Templeton. Discussion: Councilmember Marks read his personal statment regarding smoke detectors. He supports the issue that every homeowner should have a detector, however, he is against this ordinance. He also feels homeowners should have burglar alarms, but doesn't think council should be making those decisions--people should be able to make their own decisions. He doesn't feel this ordinance can be enforced due to additional expense to taxpayers. He believes a public relations campaign with city and fire department would be preferable and give homeowners their own choice. He would like to vote with his friends on the council on this one, but said his conscience won't allow it. Councilmember Templeton said he respects Councilmember Marks' opinion, however, he disagrees and believes that elected officers of this city have obligation to the safety and welfare of citizens. As Assistant Chief Crossen mentioned, the innocent become victims and are those buried in cemeteries. He believes those people who can't protect themselves should never have a price tag put on their- safety, so he is very much in favor of the motion. Motion passed as follows: city Council Meeting Minutes July 3, 1990 - Page 7 VII. Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes No Yes SECOND READING/ENACTMENT ORDINANCES - Next Ord. No. 90-65 1. 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. Motion by Councilmernber Templeton to approve Ordinance No. 90-65; Second by Councilmernber Marks. Discussion: Mayor Ertel explained the ordinance will not be effective for 90 days, as must be approved by the Department of Ecology. Motion passed as follows: Gates Yes Handmacher Yes Templeton Yes Marks Yes Stead Yes Webster Yes Ertel Yes 2. An Ordinance of the City of Federal Way, Washington, Amending Section 1 of Ordinance No. 90-42 to Restrict Parking on Portions of both Sides of 6th Avenue S.W. and 7th Way S.W.; and Amending Section 4(B) (2) of Ordinance No. 90-29 to Reduce the Speed Limit on a Portion of S.W. Campus Drive from 35 Miles Per Hour to 25 Miles Per Hour Motion by Deputy Mayor Gates; Second by Councilmernber Stead to approve Ordinance No. 90-66. Discussion: Councilmernber Stead explained this ordinance reduces speed limit on Campus Drive from 35 mph to 25 mph, and restricts parking on 6th and 7th Avenues near pool, and the next ordinance will repeal this ordinance after the Good Will Garnes. Motion carried as follows: City Council Meeting-Minutes July 3, 1990 - Page 8 3. VIII. Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes An Ordinance of the City of Federal Way, Washington, Repealing Ordinance No. 90-66, which Temporarily Restricted Parking on Portions of both Sides of 6th Avenue S.W. and 7th Way S.W. and Reduced the Speed Limit on a Portion of S.W. Campus Drive from 35 Miles Per Hour to 25 Miles Per Hour; and Re-Establishing a 35 Miles Per Hour Speed Limit on a Portion of S.W. Campus Drive; and Establishing an Effective Date Motion by Councilmember Stead to approve Ordinance No. 90-67; Second by Councilmember Marks. Discussion: Deputy Mayor Gates said council may find the lower speed should be retained for safety. Mr. McFall reported the city is conducting a traffic analysis of entire area to help identify an affordable long term solution and will report back to council later. Motion passed as follows: Gates Yes Templeton Yes Stead Yes Ertel Yes FIRST READING ORDINANCES Handmacher Marks Webster 1. Yes Yes Yes An Ordinance of the City of Federal Way, Washington, Adopting a New Law Enacted by the Washington State Legislature which Prohibits the Display or Possession of Certain Driver's Licenses of Identicards; and Setting an Effective Date Mayor Ertel read the ordinance and explained no action would be taken tonight. Motion by Councilmember Stead to put ordinance on agenda for next regular meeting; Second by Councilmember Marks. Motion carried as follows: Gates Templeton Stead Ertel Handmacher Marks Webster Yes Yes Yes Yes 2. Yes Yes Yes An Ordinance of the City of Federal Way, Washington, Prohibiting the Use of Compression City Council Meeting Minutes July 3, 1990 -Page 9 Brakes; Establishing a Penalty; Containing a Severability Clause and Setting an Effective Date Mayor Ertel read the ordinance and explained no action would be taken tonight. Motion by Councilmember Handmacher to put ordinance on agenda for next regular meeting; Second by Councilmember Marks. Motion carried as follows: IX. Gates Yes Handmacher Yes Templeton Yes Marks Yes Stead Yes Webster Yes Ertel Yes RESOLUTIONS - Next Resolution No. 90-36 1. A Resolution of the City Council of the City of Federal Way, Washington, Authorizing Application for Funding Assistance for an Outdoor Recreation Project to the Interagency Committee for Outdoor Recreation as Provided by the Marine Recreation Land Act. Mr. McFall explained this is requirement for application process authorized last week allowing city to submit application for funding, indicating city will furnish local matching funds. Councilmember Marks asked if city is obligated by this resolution to use councilmanic authority or could general obligation bond be used. Mr. McFall explained city is not obligated to use councilmanic bonding authority, but could use whatever bonding mechanism was available, as long as contract was in place. In terms of identifying funding sources available, council could devote a portion of a specific revenue to that purpose. Councilmanic bonds are the most readily available source at this time to identify as a potential funding source for the city's share. Councilmember Handmacher asked if city is locked into anything, and Mr. McFall responded no. Councilmember Webster asked if word "councilmanic" could be removed and just indicate city was issuing bonds, and Mr. McFall said yes. Motion by Councilmember Stead to approve Resolution No. 90-36, striking the word "councilmanic", and just using word "bonds"; Second by Councilmember Marks. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes city Council Meeting Minutes July 3, 1990 - Page lO Counci1member Marks explained he wanted to vote in the affirmative on amending language in the motion, but wanted to vote against the actual motion. Councilmember Webster moved for reconsideration of the motion for purposes of allowing Councilmember Marks to change his vote; Second by Councilmember Marks. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes Motion to reconsider Resolution No. 90-36, striking the word "councilmanic", was voted on and passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes No Yes A Resolution of the City Council of the City of Federal Way, Washington, Relating to the Establishment of Fees for Applications and Permits for the City; and Amending Resolution No. 90-18 to Establish Certain Fees for Permits and Inspections Required Under the Uniform Fire Code and Deleting Fees Relating to Septic Tanks 2. Mr. McFall explained this resolution is linked with interlocal agreement originally on consent agenda. Councilmember Handmacher said he hasn't seen these documents prior to meeting, and suggests they are set over until next regular meeting, in order for council to review both. Mr. McFall further explained this formalizes the way the city has been operating and are proposing the fee schedule be retroactive. Councilman Webster concurs they should be held over to next meeting. Motion by Councilmember Handmacher to set over resolution and interloca1 to next regular meeting on July 17th; Second by Councilmember Marks. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Abstain Yes Handmacher Marks Webster Yes Yes Yes Councilmember Stead asked for record to reflect he abstained. Councilmember Webster reminded Mayor Ertel that another item had been pulled from the consent agenda regarding the City Council Meet~ng Minutes July 3,-1990 - Page 11 Solid Waste Advisory Committee. Counci1member Handmacher said he was surprised it was made up of 23 members. Councilmember Marks explained his committee felt anyone who showed an interest in this phase of city service should have the opportunity to be on this committee. Councilmember Stead further explained this is a task force for a short term basis and including more citizens would give broader support within the community. Mr. McFall said he felt this particular committee could work effectively with a large number of citizens. Also, Deputy Mayor Gates said she felt is was important to have various locals of the community represented. Motion by Councilmember Webster to approve Solid Waste Advisory Committee; Second by Deputy Mayor Gates. Motion carried as follows: Gates Yes Handmacher Templeton Yes Marks Stead Yes Webster Ertel Yes X. CITY MANAGER REPORT Yes Yes Yes Mr. McFall introduced the new assistant city managers who started work yesterday. Steve Anderson from Grand Junction, Colorado, where he was assistant city manager. He will be working the areas of finance, administration, personnel, parks/recreation, human services and police services. Ken Nyberg from the City of Renton, where he was community development director, and prior to that was with the City of Bellevue. He has a long background in land use and public applications. He will have responsibility for development area, i.e., public works, community development and liaison with fire district. Another new staff person is Martin Nordby from the City of Tukwila, who has been hired as the city's code enforcement officer. The city will be providing a 24-hour emergency phone number available to the public for code violations, which response will be dispatched via the fire district. Mr. McFall explained staff is developing budget calendar, which will address needs of the council and the citizens, and will be discussed during the council retreat. XI. COUNCIL REPORTS Councilmember Handmacher, Chairman of Land Use & Transportion Committee. Next meeting will be held July 16th at 7:00 p.m., in Council Chambers, to set up work program for planning commission, development impact fee ordinance, land use inventory and transportation plan. Would like entire council and staff to attend if possible. City Council Meeting Minutes July 3, 1990 - Page 12 Counci1member Templeton, Chairman of Human Services Committee. Will meet July 10th at 7:30 a.m., Council Chambers, to look at summer teen program, community care giving program and Salvation Army. On August 31st at 7:30 a.m., Council Chambers, will meet to select human services commission members. Deputy Mayor Gates, Chairman of Budget, Finance & Insurance Committee. Met this morning with Brent McFall, Steve Anderson, John Moir and John Marchione to discuss strategies and moving ahead to 1991 budget. Councilmember Marks, Chairman of Public Services Committee. Said he is glad to see city get land use inventory. His committee met June 29th and selected 23 members for the solid waste advisory committee. Also met July 2nd to discuss police, water/sewer and solid waste services. Will meet again on July 13th, at 7:30 a.m., Council Chambers, to further discuss police and water/sewer services. Mr. McFall reported he will supply council with complete information on these subjects. Councilmember Webster asked if there was discussion about the possibility of hiring a traffic engineer for the city, and Councilmember Marks responded yes. Councilmember Templeton offered kudos to the police department for national recognition awarded to the bike patrol, and thought it would be nice if the officers were presented the award during a council meeting. Councilmember Stead, Chairman of Personnel & Facilities Committee. Met June 27th to discuss committee system, and they will meet again on July 11th, at 7:30 a.m., Council Chambers, for presentation by staff on suggested community and organizational structure for the city. Council may combine some committees and form four standing committees, plus a committee of whole for the budget. Mr. McFall explained some possibilities for committees would be public works, finance and administration, parks and human services and public safety. Mayor Ertel requested rough draft be furnished to council prior to next meeting. Councilmember Webster, Chairman of Parks, Recreation & Cultural Affairs Committee. Normally committee meets first and third Wednesdays, but will not meet tomorrow due to holiday. Next meeting will be July 18th, at 7:30 a.m., Council Chambers, for presentation from representative of Seattle Kids Day celebration and briefing on progress of comp plan and staffing. Councilmember Templeton reminded everyone of Family Fest celebration this weekend. Mayor Ertel said the organizers have put together an excellent program and have expended a City Council Meeting Minutes - July 3, 1990 - Pag& 13 tremendous amount of work, and would like to encourge eveyone to attend. Mr. McFall said the city is displaying posters for the event. Mayor Ertel reported Kenny Peabody was elected as Chairman of Metro by a large majority. Friday, she will be meeting with Pierce County mayors, and this Saturday Mayor Norm Rice is hosting a meeting for mayors of larger suburban cities in King County. On Friday, there is a meeting of mayors of the South King County area to discuss issues of concerns in their areas. Councilmember Webster announced the Community Council meets Thursday, July 12th, 7:00 p.m., at the Education Service Center, at which time Maryanne Mitchell of County Open Space Oversight Committee and Keith Artz from county staff will be present for update on open space bond issue projects, and discussion of the situation on the real estate excise tax for acquisition of more open space. Councilmember Marks thanked Mayor Ertel for her report on the various meetings she had attended, and suggested similar reports from councilmembers, which deal with relevant information, be continued in the future. XII. AUDIENCE COMMENT There was no public comment. XIII. ADJOURN With no further business to come before the council, Mayor Ertel adjourned the regular meeting at the hour of 10:10 p.m. ~Oj~~ N. Christine Green Assistant to City Clerk