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Council MIN 07-17-1990 Regular CITY COUNCIL MINUTES City of Federal Way, Washington Municipal Building - City Council Chambers July 17, 1990 - 7:00 P.M. I. CALL MEETING TO ORDER Mayor Debra Ertel called the City Council Regular Meeting to order at the hour of 7:10 p.m., on the 17th day of July, 1990, in Council Chambers, Municipal Building, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE Deputy Mayor Gates led the flag salute. III. ROLL CALL OF 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; Sandra Driscoll, City Attorney; Steve Anderson, Assistant City Attorney; Ken Nyberg, Assistant City Manager; Bruce Lorentzen, Building Official; Stephen Clifton, Senior Planner; Bob Hash, Fire Chief; Maureen Swaney, City Clerk; and Chris Green, Senior Secretary. Media Present: Kurt Herzog, Federal Way News; Leon Espinoza, Seattle Times; and Joe Turner, Morning Tribune. IV. AUDIENCE COMMENT Mayor Ertel asked Mr. McFall for an update on status of the adult entertainment business, Babe's, since many in the audience tonight will be commenting on the license. Mr. McFall explained the council is a legislative body and the zoning code and licensing will actually control approval or refusal of the license. He explained an application for licensing has not been received to date and adequate notice would be given to citizens prior to any approval. It is unsure at this point if the business will even pursue an application. The following persons responded to adult entertainment licensing and other issues: Patty March, 33510-l8th Avenue South, Federal Way. and distributed signed petitions against Babe's. Read ORIGINAL City Council Meeting Minutes July 17, 1990 - Page 2 Dennis Clough, 3128-57th Avenue, Tacoma. Pastor of Nine Lakes Baptist Church, 1636 South 330th Street, Federal Way. Read and distributed letter against Babe's. John M. Schueitzer, 148 S. W. 304th, Federal Way. Is general contractor and wants to respond to new city hall facilities. He submitted remodel bid for new location, but has not received response to date. Mr. McFall explained the contract is not with the city, but with the building owner for tenant improvements. Myron Lee, 30l5l-3rd Place S. W., Federal Way. Bishop of Church of Latter Day Saints. Spoke against adult entertainment clubs; would like code changed. Gina Gray-Henry, 150 South 363rd Place, Federal Way. Asked what citizens can do to restrict adult entertainment clubs in city. Ms. Driscoll explained legal requirements of city and county, and the fact council has done what courts have specified. Mayor Ertel explained the council tried to be as restrictive as possible with city zoning requirements. Counci1member Handmacher said he understands their concerns, but wants them to understand those are premature at this time; asked that all concerned citizens stay in touch with city hall. Mr. McFall said the review period for such application would not take long, but would notify those citizens speaking tonight of the application, if and when received, and explained any application decisions would be based on legal issue and economic impact. Bill Shortt, 4011 S. W. 321st, Federal Way. Spoke against adult entertainment. Feels the city should develop "pocket parks or mini parks" to deny those businesses, based on code requirements of being more than 1000 feet from schools, churches, parks, etc. Ruth Caran, 2101 South 324th, Space 225, Federal Way. Spoke against adult entertainment establishments. Asked what good would come from this type of house. There was no further public comment at this time. V. CONSENT AGENDA l. 2. 3. Minutes - 6/5/90 Voucher - 7/17/90 Campus Ridge Resolution (Next Res No 90-37) A Resolution of the City Council of the City of Federal Way, Washington, Approving the Preliminary Plat of Campus Ridge, King County Building and land Development File No. S89POO16 with Conditions 4. City and Fire Development Review Agreements & Fees City Council Meeting Minutes July 17, 1990 - Page 3 a. Interlocal Agreement b. Fee Resolution (Next Res No 90-38) 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 5. Authorization to Enter Into Contract for Ordinance Codification Services with Municipal Code Corporation Councilmember Stead made correction to minutes of 6/5/90, page 12, regarding his vote on Resolution No. 90-32; should reflect "abstain". Deputy Mayor Gates pulled item 4 from the consent agenda, "City and Fire Development Review Agreements and Fees", to be reviewed by committee and council at study session next week. Motion by Councilmember Marks to approve consent agenda with correction to minutes; Second by Councilmember Gates. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes VI. COUNCIL BUSINESS 1. puget Sound Water Quality Management Plan Presentation Nancy McKay, Acting Director of puget Sound Water Quality Authority, passed out draft 1991 puget Sound Water Quality Management Plan with corrections dated June 26, 1990. She asked that council review and comment by July 20th. They expect to hold sixteen public hearings around the Sound area and adopt plan by early November, and will be reviewing the plan every four years in the future instead of every two years. There is a list showing what local governments can do. Would like council to review comments regarding storm~ater on page 244, as would like all cities to adopt. Also, on page 246 and 247, items a-j, are important. She explained the need for quality not just quantity in dealing with those items. City Council Meeting Minutes July 17, 1990 - Page 4 The council pointed out on bottom of page 245, does not reflect Federal Way is among the six largest cities when, in fact, it is ranked sixth in the state. Ms. McKay assured the correction would be made and reflected in September revision of the plan. Ms. McKay said they are receiving Federal funds, as well as percentage of the cigarette tax for their projects. Also, they are looking at proposing a $50 charge for new car sales, a surcharge on leasehold taxes and/or a marine fuel tanker fee. She invited the council to contact any of the authority members, especially Mike Thorp from Federal Way area or Tim Douglas, Mayor of Bellingham, to answer questions. She closed by saying the authorities can't do it alone--they need help from individuals, as well as cities. CORRECTED. REFER TO MINUTES OF ð'/7 /9~ Councilmember Stead asked what is the last date council can respond. Ms. McKay responded August 1st is probably the deadline. Deputy Mayor Gates asked how the city could obtain additional information on the marine fuel tanker fee and the cigarette tax. Ms. McKay suggested the city contact Joe Williams at the Department of Ecology or call the main phone number of the Clean Water Centennial Tax people. Councilmember Templeton inquired about the earlier Des Moines Creek jet fuel spill and asked who would aid the city, in the event a similar incident happened. Ms. McKay said assistance from the Department of Ecology is available. 2. New City Hall Mr. McFall reported lease of new city hall building is being negotiated, and introduced Steve Anderson, Assistant City Manager, to report on update. Mr. Anderson reported staff and Mark Freitas have been working on lease. Weyerhaeuser will be vacating 3/4th of the facility and the accounting firm located in half of top level mayor may not renew their lease first of the year. Sandra Driscoll, City Attorney, is reviewing documents and hopes to negotiate a firm lease agreement with owner by Thursday, July 19th, and hopes to have ready for council's review by next week's meeting. John Moir, Finance Director, suggested a Certificate of Participation be sold thru competitive bid with council approval. Councilmember Handmacher asked for an explanation of such certificate and Mr. McFall explained it is second part of councilmatic bonds used for capital purchases. Equipment is tenant improvement and would remain with city. Mr. McFall will distribute copies of floor plan for council review. Deputy Mayor Gates asked if building and property is all handicapped assessible. Bruce Lorentzen explained the lease agreement requires the entire area be handicapped useable. Mr. Anderson explained the council will be asked to approve the modular furniture purchase. Mr. McFall said there are 124 parking stalls City Council Meeting Minutes July 17, 1990 - Page 5 with 100 available for the city, as well as additional spaces in neighboring lots for evening meetings, so feels will be adequate. Councilmember Templeton asked if having a private business in same building could be a concern. Mr. McFall responded he didn't think so, and actually would work to the city's advantage since the city doesn't require the extra space at this time, so won't be charged for that additional occupancy under the lease agreement. 3. Interlocal with Washington Parks Dept. for Acquisition of Hylebos Wetlands Open Space Issue Mr. McFall explained this is just a formality, but council needs to take action to authorize state to commence acquisition. The state is now ready and awaiting the agreement approval. Motion by Councilmember Stead to authorize City Manager McFall to sign interlocal; Second by Councilmember Templeton. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes Councilmember Webster advised correction needs to be made on page 1, paragraph 1.B., correcting M.A.T. appraiser to "M.A.I. appraiser". Correction made. Mr. McFall reported it will take approximately two weeks for appraisals and will report back to council when received. 4 . Parks and Recreation Advisory Task Force Mr. McFall acknowledged the following citizens have been appointed to the Parks and Recreation Comprehensive Plan Advisory Task Force: Carl Buchholz, David Kaplan, Shirley Charnell, Nancy Ise, Cliff Crenshaw, Margaret Nelson, Robert Janson, Rosemary Wolf and Mark Eide. In addition, individuals will be appointed who represent the Chamber of Commerce, the senior center and youth athletics; names will be presented when available, and will come back to the council for approval. State Parks Commission will provide needed support, but doesn't feel it should include one of its committee members on the city task force. Councilmember Marks pointed out there is one person named on this task force, as well as on the solid waste advisory committee, and wonders if that is a problem. He feels citizen committees should include as many different individuals as possible. Counci1member Webster said he didn't feel this is a concern, as committees will vary for time involvement. Councilmember Handmacher said council may need to look at future committee appointments on case by case basis to determine if there are problems. City Council Meeting Minutes July 17, 1990 - Page 6 Motion made by Councilmember Webster to approve above named citizens to Parks and Recreation Advisory Task Force; Second by Councilmember Handmacher. Discussion: Councilmember Webster said there is a possibility that citizens east of 1-5 should be included on the task force in the future. Mr. McFall will report to Parks Committee tomorrow morning with names of additional citizens from other areas of the city who should be included. Councilmember Templeton said he hopes to have name of applicant representing youth athletics prior to first meeting of task force. Mr. McFall reported he has talked with Jerry Draggoo, Consultant, and has tentatively scheduled a meeting for August 25th; will advise council when confirmed. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes 5. Recommendation on Council Committee Structure/Rules Councilmember Stead reviewed council procedure. Councilmember Marks would like to see planning, public works & transportation part of council of whole, and feels it is critical for finance to be part of council of whole. Councilmember Templeton is uncomfortable combining parks, recreation & human services because so diverse. Councilmember Webster doesn't necessary agree, but feels council needs to narrow committees and have more specific agendas. Councilmember Templeton suggested naming the committee "Social Services". Councilmember Marks suggested naming co-chairpersons within each area. Mayor Ertel asked if there is general feeling to reduce committees. Councilmember Stead responded he didn't think so, but felt budget definitely should be council of whole; he suggested council consider suggestions for one week and bring back to next week's study session for discussion. Deputy Mayor Gates said she originally favored retaining all committees, but that was prior to staff being hired; she is now considering no committees or committee of whole approach. Councilmember Templeton expressed his concern about not reaching the public thru informal committee meetings. Councilmember-Stead assumed council would meet as whole for each committee meeting and would allow public input at all meetings. Councilmember Handmacher concerned about too many meetings as council of whole, and does concur with budget being council of whole. Mayor Ertel concurred with holding one meeting of whole council per week. Councilmember Webster would like to continue weekly as is currently done with subjects varying. Councilmember City Council Meeting Minutes J~ly 17,1990 - Page 7 . Templeton is comfortable keeping expertise in certain areas, such as Councilmember Webster leading parks effort. Councilmember Stead felt there would always be committees. Counci1member Webster suggested staff be consulted regarding other local government procedures. Mayor Ertel said she has been discussing this subject with other mayors and council while attending meetings and it appears most cities use whatever is most confortable for them. Counci1member Templeton suggested doing whatever Mr. McFall feels is best. Mr. McFall said he would discuss the issue with staff and bring suggestions back to council at next week's study session. VII. FIRST READING ORDINANCE 1. An Ordinance of the City of Federal Way, Washington, Establishing a One-Quarter of One Percent (1/4%) Excise Tax on Real Estate Sales as Authorized by Chapter 17, Laws of 1990 Mayor Ertel requested excise tax ordinance be pulled tonight and added to study session agenda of July 24th for discussion by council. VIII. SECOND READING/ENACTMENT ORDINANCES (Next Ord No 90-69) 1. An Ordinance of the City of Federal Way, Washington, Prohibiting the Use of Compression Brakes; Establishing a Penalty; Containing a Severability Clause and Setting an Effective Date Motion to approve Ordinance No. 90-69 by Councilmember Handmacher; Second by Councilmember Stead. Discussion: Councilmember Handmacher explained this ordinance was drafted at suggestion of citizen and seems reasonable in light of fact neighboring cities have adopted similar ordinances. Councilmember Webster questioned percentage of vehicles falling under this ordinance and Councilmember Marks asked about impact on truck commerce for ingress and egress. Mr. McFall explained it relates only to noise factor with certain types of braking systems; trucks can use supplemental brakes. Councilmember Handmacher asked if trucks could be cited and was told they could under traffic infraction statutes. Motion passed as follows: Gates Yes Handmacher Templeton Yes Marks Stead Yes Webster Ertel Yes Yes Yes Yes 2. An Ordinance of the City of Federal Way, Washington, City Council-Meeting Minutes July 17,_1990 - Page 8 - Adopting a New Law Enacted by the Washington State Legislature Which Prohibits the Display or Possession of Certain Driver's Licenses or Identicards; and Setting an Effective Date Motion to approve Ordinance No. 90-70 by Councilmember Templeton; Second by Councilmember Handmacher. Discussion: Counci1member Marks asked purpose of ordinance, and Mr. McFall explained it is due to change in state law. Motion passed as follows: Gates Yes Handmacher Templeton Yes Marks Stead Yes Webster Ertel Yes Yes Yes Yes 3. 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, providing for the condemnation, appropriation, taking and damaging of land or other property necessary therefore; directing the Attorney for the City to prosecute the appropriate action and proceedings in the manner provided by law for said condemnations; and amending Ordinance No. 90-63 Motion to approve Ordinance No. 90-71 by Councilmember Webster; Second by Counci1member Stead. Discussion: Councilmember Handmacher explained this ordinance is an amendment to Ordinance No. 90-63 because some properties had been excluded on the initial list of condemnations. Councilmember Templeton addressed concern for people on 356th who are not present tonight to express their feelings. Councilmember Webster explained if city wants and needs five lanes and sidewalks, the action must be taken; Councilmember Templeton agreed that five lanes are necessary. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes City Council Meeting Minutes July 17, 1990 - Page 9 IX. CITY MANAGER REPORT Mr. McFall explained a letter has been prepared and addressed to Bruce Laing with proposal to COG, which council needs to approve or revise tonight. Study agenda for July 24th will include special and executive sessions; executive session with attorney to discuss litigation; special session will include discussion and action by council of proposed city hall lease. Retreat is scheduled for August 30th and 31st, but location is not confirmed at this time; may possibly use room at St. Francis Hospital, which includes meals. Councilmember Handmacher reminded council and staff that Soundview Manor Resolution deadline is August 15, 1990. Mr. McFall to check and report on status. X. COUNCIL REPORTS Deputy Mayor Gates reported her Budget/Finance/Insurance Committee will meet July 20th at 7:30 a.m., City Hall, to discuss revenue, expenditures and ordinance for fire department fees. Deputy Mayor Gates announced Teen progam will be holding a dance at Boys and Girls Club in Federal Way on July 26th from 8:30-11:30 p.m., and will be open for twenty evenings on Friday and Saturday nights during the summer. She also reported on attending grand opening of Weyerhaeuser/King County Aquatic Center yesterday, and noted the landscaping and flower planting directly across from the center has been completed and is very attractive. Mayor Ertel noted she has heard nothing but good reports on the teen center. Councilmember Templeton reminded council of Human Services Commission member selection on July 31st, at 7:30 a.m., at City Hall. Councilmember Handmacher reported his Land Use/Transportation Committee met last night to outline work program with staff for planning commission on comprehensive plan/transportation plan/specific code/development impact fees; staff will report back to council at August 13th meeting. Council will also review during scheduled retreat. There will be a special joint meeting of council of whole and planning commission on September 10th, 7:00 p.m., City Hall. Councilmember Marks asked about discussion of comprehensive plan at retreat; Mr. McFall responded he will have materials to council prior to retreat. Councilmember Handmacher said he would like entire council to submit ideas for revision. He explained planning commission will take approximately one year to review and City Council Meeting Minutes July 17, 1990 - Page 10 revise comprehensive plan and will not work on zoning code until comp plan completed. Councilmember Marks reported his Public Services Committee met July 13th to discuss police and water/sewer public works, and request for joint participation. His committee will meet again on July 27th at 7:30 a.m., City Hall, to review letter and contracts with county. Councilmember Stead reported his Facilities/Personnel Committee will meet July 25th at 7:30 a.m., City Hall, to review draft procedures for councilmembers attending conventions, meetings, etc., ethics code for city and staff and begin discussion of 3-month evaluation of City Manager. Councilmember Webster reported his Parks/Recreation/ Cultural Arts Committee will meet tomorrow morning at 7:30 a.m., City Hall, to hear presentation by Sherry Smith, Kids Day of Seattle, review and discuss AIC application for Evergreen Airstrip, update on comprehensive plan and staffing. Mayor Ertel reported she has attended several meetings with mayors from Pierce County and South King County. She requested discussion of traffic problems within neighborhoods be placed on study session agenda of July 24th, i.e., speed bumps, additional police services, police task force, as it is city-wide problem. Councilmember Handmacher mentioned he has talked with staff to initiate discussions with City of Tacoma staff regarding mutual traffic issues, i.e., 348th and 356th. Mr. McFall introduced Sandra Driscoll, new City Attorney. XI. AUDIENCE COMMENT Bill Shortt, 4011 S. W. 32lst, Federal Way. Feels the council should cancel compression brake ordinance. H. David Kaplan, 30240-27th Avenue South, Federal Way. liaison between community council and city council, he suggested citizen from eastside be named on parks commission to help public relations with that area. As Alfred Frank, 29635-2nd Place S. W., Federal Way. Commended council for hard work and said he would like to see more minorities in positions and activities of city. He feels city should not steal employees from surrounding cities. Councilmember Templeton asked about presentation of an official proclamation in recognition of Mary Ehlis' dedication and hard work organizing Family Fest. Mr. City Council Meeting Minutes July 17, 1990 - Page 11 McFall reported a proclamation will be _presented to her on August 7th, at which time Mary will also report to council on Family Fest. XII. ADJOURN With no further Ertel adjourned business to come before the council, Mayor the regular meeting at 9:59 p.m. ~~~ Assistant to city Clerk