Council MIN 08-21-1990 Regular
FEDERAL WAY CITY COUNCIL
--
REGULAR MEETING MINUTES
August 2l, 1990 - 7:00 P.M.
City Council Chambers - City Hall
Federal Way, Washington
I.
CALL MEETING TO ORDER
Mayor Ertel called the City Council Regular Meeting to
order at the hour of 7:07 p.m., on the 21st day of August,
1990, in Council Chambers, City Hall, Federal Way,
Washington.
II.
PLEDGE OF ALLEGIANCE
Councilmember Webster led the flag salute.
III.
COUNCIL ROLL CALL
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
Manager; Ken Nyberg, Assistant City Manager; John Moir,
Finance Director; Greg Moore, Land Use Manager; Stephen
Clifton, Senior Planner; John Marchione, Management
Assistant; Sheryl Trent, Intern; Sandy Petitt, Senior
Secretary; Bob Hash, Fire Chief; Frank Atchley, Police
Department Operations Lieutenant; Maureen Swaney, City
Clerk; and Chris Green, Senior Secretary.
Media Present: Joe Turner, Morning Tribune; and Lynn
Keebaugh, Federal Way News.
IV.
PROCLAMATION
1.
United Way Day on September 5, 1990
Mayor Ertel read the presented proclamation to Karen
Smith of United Way.
V.
AUDIENCE COMMENT
Randall Caverly, 28241-27th Avenue South, Federal Way.
Concerned about permit process and fee for home day care
businesses. Said state fees are only $24 for home check
and review permits. Asked council for cost breakdown of
$75 city fee. Mayor Ertel explained fee will be discussed
at time of vote on resolution.
ORIGINAL
Federal Way City Council Regular Meeting
August 21, 1990 - Page 2
Lynda Collins, 124 S.W. 313th Street, Federal Way. Also
spoke on home day care fees; said $75 fee will be deterrent.
VI.
CONSENT AGENDA
1.
August 21, 1990 Voucher
2.
Minutes - August 7 and August 14
3.
Computer Equipment Acquisition
Councilmembers Webster and Marks questioned computer
acquisition, and since were not present at study session
would like Item 3 pulled and discussed more completely.
Councilmember Templeton questioned $66,000 amount being
paid to King County. Mr. Moir explained it reflects
combination payment for road and street maintenance under
interlocal agreement.
Councilmember Templeton also noted correction on minutes of
August 7, 1990, pages 3 and 4, proper spelling of Ruth
Korai is "Koral".
Motion by Counci1member Templeton to approve consent agenda
as amended with minute correction and computer acquisition
pulled for later discussion; Second by Councilmember
Webster. Motion passed as follows:
Handmacher
Templeton
Gates
Ertel
Yes
Yes
Yes
Yes
Marks
Stead
Webster
Yes
Yes
Yes
Mr. McFall asked Mr. Anderson to give brief review of
computer acquisition for council information. Mr. Anderson
explained number and types of computers and printers for
staff use prior to council vote.
Motion by Councilmember Handmacher to authorize city
manager to approve computer contract; Second by
Councilmember Stead. Motion passed as follows:
Handmacher
Templeton
Gates
Ertel
Yes
Yes
Yes
Yes
Marks
Stead
Webster
Yes
Yes
Yes
VII.
COUNCIL BUSINESS
1.
Soundview Manor to Exhibit B - King County
Mr. McFall introduced Mr. Clifton to present staff report.
Councilmember Stead informed the city attorney that he has
Federal Way City Council Regular Meeting
August 21, 1990 - Page 3
represented the developer and said he should abstain from
discussion and voting. Asked if he should remain in
chambers, Ms. Driscoll said it would be appropriate for him
to leave the room. Councilmember Stead left the room at
7:26 p.m.
Mr. McFall explained this discussion is not to return plat
to Exhibit B, but to review one item, being realignment of
44th Avenue S. W. and Dash Point Road intersection. Mr.
Clifton distributed map and ordinance to council for
reconsideration of Condition G of Resolution No. 90-32
because of their earlier concerns about the intersection.
Mr. Clifton used visual overheads to present the two
alternative plans submitted by applicant for review. Mr.
Clifton explained staff has six concerns: (1) realignment
could cost $150,00-200,000 to construct; (2) might be a
problem with right-of-way setback; (3) will have to obtain
right-of-way approval from two properties; (4) could be
complications and increased costs due to two seasonal
creeks; (5) Hasn't been determined if existing 44th Avenue
is an unsafe intersection; (6) choice between two
relatively safe alternatives is subject to WSDOT, but WSDOT
has determined realignment of 44th Avenue is not required.
Condition A of the Resolution would require applicant to
increase width of paving on S.W. Dash Point Road, which
WSDOT had no problem accepting; also, centerlane at
intersection would allow for left turns. City staff
selected plan as required by Condition A since it provides
intersection requirements, provides visibility and avoids
disturbing existing drainage channel.
Councilmember Webster asked if there is room for curb and
gutters under Condition A, why isn't there adequate room
for entry lane. Mr. McFall responded that could be
possible. Councilmember Marks asked about improvement
costs, and Mr. Clifton responded those are developer's
responsibility. In viewing the overhead (Condition G
requirement), Councilmember Handmacher asked if full
right-of-way is needed on 44th since there is limited
access. Mr. McFall said might be able to get by with less
width. Councilmember Webster asked why existing 44th can't
align with new 44th to south. Mr. Clifton explained curve
may be too tight and would be little room for stacking of
cars. Mr. McFall explained council needs to justify
expense, as well as looking at safety factors when making
decision. Councilmember Handmacher said there will be more
traffic after new school is opened. Bob Scholes, engineer
for applicant, explained the property as sketched is in
violation of city code and WSDOT due to 12% grade at this
time, and could encroach into wetlands if designed
differently. He feels current plan is best, as the safety
factor is high priority. 108 feet is not enough distance
between intersections. Mayor Ertel asked if drainage
channel is open and Mr. Scholes said yes. Deputy Mayor
Federal Way City Council Regular Meeting
August 21, 1990 - Page 4
Gates asked if property owners would have drainage
problems. Mr. Clifton said drainage would remain the
same. Councilmember Handmacher asked how much money city
would save, and Mr. McFall said right-of-way costs minimal,
but there needs to be fill, thus construction costs would
be very expensive. Deputy Mayor Gates asked for response
from property owners in area if present.
Mark Davis, 31204-44th Avenue S.W., Federal Way. Prefers
the road (access to plat) be located on west side of
property, as he spoke to that owner (to the west) and he
plans to develop property in the future, which would create
more traffic.
Mayor Ertel questioned if there would be a problem for
school buses and fire vehicles. Chief Hash responded it is
an 18% grade, which is in excess of what is reasonable.
She asked if Condition A would be better choice for fire
department and Chief Hash said yes. Mr. Scholes explained
some areas in Twin Lakes have 20% grade and King County
code calls for 10% maximum. Councilmember Handmacher said
he would still like to see westside location developed.
Mr. McFall said staff could take a look, but still
recommends Condition A, especially if property to the north
is developed later, resulting in a distance problem between
44th and 43rd. Will have engineer look at it, as the City
can't correct all problems. Councilmember Handmacher said
he agrees with Mr. McFall, but requested additional
information on plat, which Mr. McFall said he would have
staff prepare more information regarding westside cost and
grade.
Property owner, Ron Zaffino, 4332 S.W. Dash Point Road,
Federal Way, suggested developer provide access off Hoyt
Road along lots 3-6, as he is concerned about bus stop and
busy state highway.
Mr. Clifton said applicant will submit drawing and bring
back to staff and council as soon possible.
Councilmember Stead returned to chambers at 8:20 p.m.
2.
Community Development Block Grant
Mayor Ertel requested city brief staff report on grant.
Mr. McFall explained being an entitlement city will provide
more money and more projects locally, and that city needs
to request county accept city status as such and not be
part of consortium. Mr. McFall requested Mr. Moir give
brief staff report. Mr. Moir explained city would receive
approximately $300,000-500,000 annually, which the Federal
Government Department of Housing will compute. He
explained King County administration costs are
approximately 17% ($51,000), and feels city can administer
Federal Way City Council Regular Meeting
August 21, 1990 Page 5
and save about 50%, as not a complicated program.
Councilmember Webster confirmed it is not complicated.
Councilmember Templeton said city didn't feel earlier this
spring that it could be handled in-house because of lack of
staff at that time, but feels it can now be done locally,
however, council needs to advise county as soon as
possible. Deputy Mayor Gates said she doesn't feel county
gave city council thorough information earlier.
Motion by Councilmember Templeton to advise King County the
City of Federal Way elects to join CDBG as an entitlement
city; Second by Deputy Mayor Gates. Motion passed as
follows:
Handmacher
Templeton
Gates
Ertel
Yes
Yes
Yes
Yes
Marks
Stead
Webster
Yes
Yes
Yes
3.
Urban Arterial Trust Account and
Transportation Improvement Account (UATA/TIA)
Mr. Nyberg gave staff report for Mr. Shanks and pointed out
changes since first copy given to council. Councilmember
Handmacher said he is concerned no TIA projects are
included within city and would like to see more projects
similar to #6. Mr. Nyberg explained staff will review
multi-jurisdictional criteria and will meet with Mr. Shanks
next Monday to review and see if can submit some projects.
Councilmember Webster said he is not happy about 4-lane
road near Steel Lake Park; Mike Dellas of Wilsey &
Ham/Pacific said there needs to be certain elements
discussed prior to final approval, i.e., bike lanes,
sidewalks, so any necessary changes can be made. Will need
master plan for all, but specific items for six-year TIP
could be modified after comprehensive transportation plan
is adopted.
4.
Interlocal with King County on Federal Way
Community Plan
Mr. Nyberg presented information to council and discussed
minor changes in the interlocal agreement. He explained
the county council will meet in two weeks, so staff is
requesting council authorize city manager to sign
interlocal agreement on behalf of city. Deputy Mayor Gates
said she feels citizen imput from eastside residents is
important, and would like to see a citizens' advisory
committee from Federal Way area established early on. Mr.
McFall explained the agreement refers to standards and
procedure for community plan updates, which include citizen
participation, but more importantly the agreement discusses
joint development of process to be brought back to county
and city councils for approval, so would probably be
Federal Way City Council Regular Meeting
August 21, 1990 - Page 6
included at that time. Councilmember Marks said he is
concerned about jurisdictions of neighboring cities and
their involvement. Mr. McFall explained under section l(g)
any neighboring jurisdictions with interest in the planning
area are invited to participate in plan update. It is his
understanding that the council is interested in pursuing
this update of the Federal Way Community Plan, and that we
want to participate with King County, and if other cities
are interested, they would be invited and encouraged to do
so. However, it is not his understanding that other agency
participation was a determining factor in Federal Way's
participation. Mr. Nyberg added an explanation regarding
fourteen items listed, and said it will involve
jurisdictions within a certain area. He said Mr. Springer
is very sensitive to these areas and, as we move into the
growth management area, alot of these past independent
actions are coming together.
Motion by Councilmember Stead to authorize city manager to
sign interlocal; Second by Councilmember Webster. Passed
as follows:
Handmacher
Templeton
Gates
Ertel
Yes
Yes
Yes
Yes
Marks
Stead
Webster
Yes
Yes
Yes
Mayor Ertel reported Peasley Canyon rezone was denied by
county council yesterday with seven to zero vote.
5.
AFIS System
Deputy Mayor distributed additional material from Tim
Hill's office regarding AFIS, which reflects there is
actually a cost reduction to homeowners with the new
system. Mr. McFall summarized the difference between the
two systems. Councilmember Webster questioned the
information indicating only 40% of all prisioners are
fingerprinted. Lt. Atchley explained that prior to AFIS
the King County jail was operated by the King County Police
Department, at which time ten prints were taken. That
procedure has now been changed and a complete set is not
taken. If AFIS is to be utilized properly, their personnel
will have to take a complete set of prints for use in the
system. He further explained that the AFIS system is more
effective than the state's. Councilmember Stead said he
feels AFIS is making the state system less effective by
only being used for one in 39 counties. Councilmember
Webster said it is his understanding that the proposal
being placed on the November ballot will reinstitute
another five-year levy at a lesser percent per thousand;
the old one being .025 and the new one at .02.
Councilmember Handmacher said he feels the $3 per household
is a nominal amount, and would like to see the system used
Federal Way City Council Regular Meeting
August 21, 1990 - Page 7
more widely. Mr. McFall said it is not a requirement for
council to take position, but county council has requested
political support from the cities.
Motion by Councilmember Webster to indicate support for
AFIS system by city council; Second by Councilmember Marks.
Discussion: Councilmember Stead said he can't support the
system because he is in favor of more regionalization in
this area, as feels a more adequate state system would be
instituted if each county doesn't set up its own
independant system. Mayor Ertel asked how many other
counties tie into the state system. Mr. McFall said he
thinks they all have access through the state patrol.
Counci1member Handmacher said he would be willing to phase
out AFIS system, but not until state system is capable of
replacing it effectively. Councilmember Stead said he
feels state system will never become effective if each
county continues with its own system. Councilmember
Webster likes the idea that King County is tougher on
criminals because of its superior system, so would hate to
see it reduced. Deputy Mayor Gates feels the appropriate
legislative body should be lobbied to force implementation
of the system, but wants to retain current system for
citizen protection.
Motion passed as follows:
Handmacher Yes Marks Yes
Templeton Yes Stead No
Gates Yes Webster Yes
Ertel Yes
VIII.
RESOLUTION FOR ENACTMENT - (Next Resolution No. 90-40)
1.
Home Day Care Fees
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING RESOLUTION NO. 90-18,
ESTABLISHING FEES FOR APPLICANTS FOR PERMITS FOR HOME DAY
CARE FACILITIES
Mr. McFall explained the fees were discussed in last week's
study session, so briefly explained to audience that city
zoning code requires home day care fees due to cost of
processing and material review. He also explained it is a
one-time charge and not an annual fee. He further
explained the city attorney has reviewed potential problems
in establishing the new fee, and has prepared the
resolution to lower fees pending review of zoning code by
the planning commission, and requested Ms. Driscoll to
explain resolution to council. Ms. Driscoll explained the
council, acting in legislative capacity, has some
flexibility in reviewing fee, as long as a finding would
Federal Way City Council Regular Meeting
August 21, 1990 - Page 8
indicate a valid, rational relationship to what council is
trying to accomplish, and that it will serve the public
health, safety and welfare. As a result of citizen
comment, it has been determined it is possible some
businesses might not make application and operate without
licenses. Also, she explained that a zero fee could
constitute gift of public funds to private individual or
individuals in violation of prohibition under Article 8,
Section 7 of the Constitution. Although council has
flexibility to alter fees established through Resolution
No. 90-18, a zero fee could be interpreted as such gift.
The only way of setting no fees would be to completely
eliminate any review since the fee is set to cover staff
costs.
Mayor Ertel asked for staff explanation of fee in response
to public inquiries. Mr. Nyberg explained $75 fee
represents approximately three hours of staff time devoted
to process land use review, as opposed to a permit being
issued across the counter. It also requires a field trip
to view the site to make sure nothing is in violation of
general environment in neighborhood. Councilmember Webster
asked if council is legally bond to determine the adequacy
of people providing day care, and was advised by Ms.
Driscoll that they are not responsible. Councilmember
Marks asked city attorney how much state review is done,
since he understands it is quite lengthy. Ms. Driscoll
explained council is looking at two very different
phases--the state looks at business operation itself--the
city looks at land use only. Councilmember Marks said he
would like to see the city having zero fee for any small
business. Mr. McFall explained planning commission could
review zoning code and make recommendation for changes,
which could indicate no review is required and that such
business would be permitted in certain areas. However, it
would remain council responsibility to determine the fee
schedule if any staff expenditure is required.
Councilmember Webster reiterated the fact that this is a
one time only fee. Councilmember Handmacher said he
understands council is making a policy to charge $75 for
this particular review, and other reviews will remain at
$750. Ms. Driscoll said that is correct. Councilmember
Templeton agreed with Councilmember Marks, and if council
is going to subsidize something, why charge anything.
Deputy Mayor Gates asked if fee could be eliminated at this
time and then reviewed later to alter decision.
Counci1member Stead said council cannot do that without
consulting with planning commission. Mayor Ertel said they
don't want to penalize day care, but must make decision
that some areas in city are not appropriate for that type
of business, and city could not make decision without
actual viewing of a particular location. Counci1member
Marks said he wants city to allow as many day care
businesses as possible. Councilmember Templeton feels if
Federal Way City Council Regular Meeting
August 21, 1990 - Page 9
council is willing to subsidize fee from $750 to $75, it
can also opt to charge zero fee. Councilmember Handmacher
requested legal opinion from city attorney. Ms. Driscoll
explained challenges could come from other groups and
businesses who feel they are in similar situation, and
council could open itself up to many claims, if it doesn't
have a rational basis for segregating out one particular
group. Council does have some flexibility, but going down
to zero gets into grey area of possible constitutional
violations. Mr. McFall explained dropping fee to $75 is
somewhat arbitrary, even though there are findings to
justify such fee. Council could decide on $5, or perhaps
zero, but would have to look at consequences of possible
claims from a legal standpoint, and must decide if such
decision would be worthwhile. Deputy Mayor Gates suggested
$25, but said she actually prefers $1 fee. Councilmember
Stead said he is concerned due to fact that they took an
oath to follow the constitution and laws of the state, and
that the city attorney is paid to give legal advice--acting
contrary to such advice and the constitution would be
inappropriate. He has no problem with zero fee, but
council must seriously consider attorney's advice.
Mayor Ertel explained to Mr. Caverly that council is not
ignoring his request to speak at this time, as will allow
public comment prior to adjournment of meeting.
Councilmember Handmacher said council needs to make
decision as to where it draws line for other small
businesses in future. Councilmember Templeton said council
probably opens itself up to problems with other
businesses. Mayor Ertel said council does need to consider
impact regarding other businesses, as well as day care.
Motion by Councilmember Stead to approve Resolution No.
90-40; Second by Councilmember Marks.
Motion by Councilmember Marks to amend resolution to
indicate home day care facilities of twelve or fewer
attendees, specifically Section 1, to reflect zero fee;
Second by Councilmember Templeton.
Discussion: Deputy Mayor Gates said she is concerned that
a zero fee is clearly subsidy, and even though she prefers
zero, she feels council needs to set an appropriate
permanent fee at this time. Councilmember Templeton asked
for clarification by city attorney regarding decision to
set $75 fee, and if effective case could be made for $75 vs.
zero fee. Ms. Driscoll explained city could make stronger
case for $75 vs. zero fee--the lower the fee, the more
controversial, and council must consider reimbursement to
city of actual costs involved with permit process.
Councilmember Templeton agreed that council needs to abide
by city attorney's advice. Councilmember Handmacher agreed
with Councilmembers Stead and Templeton regarding legal
Federal Way City Council Regular Meeting
August 21, 1990 Page 10
opinion of city attorney, as well as considering the fact
that planning commission will be reviewing process within
next couple of months, at which time it will be returned to
council for possible new proposal. Councilmernber Marks
said subsidies to anything by government is wrong, but city
has subsidized other functions, i.e., family fest, senior
center, so he feels comfortable about doing so in this case.
Councilmernber Marks' amendment to Resolution No. 90-40
failed as follows:
Handmacher
Templeton
Gates
Ertel
No
No
No
No
Marks
Stead
Webster
Yes
No
No
Motion by Deputy Mayor Gates to amend Resolution No. 90-40
from $75 fee to $25; Second by Counci1member Handmacher.
Discussion: Deputy Mayor Gates, in response to the staff
review cost estimate of $10-$15 per hour, plus vehicle
expense, said if review could be completed within one hour,
the $25 fee should cover actual expenditure by city. She
feels that would be a comfort zone for citizens, as well as
the city. Councilmember Webster doesn't feel it is
rational to think proper processing can be done in one
hour--he even questions $75 fee as being reasonable. He
feels $25 fee would be same level as zero fee regarding
legality.
Deputy Mayor Gates' amendment to Resolution No. 90-40
failed as follows:
Handmacher
Templeton
Gates
Ertel
No
No
Yes
No
Marks
Stead
Webster
Yes
No
No
Motion to adopt Resolution No. 90-40, as prepared by city
attorney passed as follows:
Handmacher
Templeton
Gates
Ertel
Yes
Yes
Yes
Yes
Marks
Stead
Webster
No
Yes
Yes
IX.
CITY MANAGER REPORT
Mr. McFall had no report at this time.
Councilmember Marks inquired about political signs being
posted along roadways, and due to city code should be
removed if placed on right-of-ways. Mr. McFall suggested
Federal Way City Council Regular Meeting
August 21, 1990 - Page 11
staff send sign section of code to all candidates to notify
them of provisions in zoning code.
x.
COUNCIL REPORTS
Councilmember Handmacher, Chair of Land Use/Transportation
Committee, reported there are no meetings scheduled at this
time. He reported council recently received letter from
City of Des Moines regarding 509 freeway asking them to
take a position. He suggested item be placed on next
week's study session agenda.
Councilmember Templeton, Chair of Human Services Committee,
reported next meeting's agenda would include fourth quarter
disbursement of remainder of line item budget, which he
calculates to be $24,582. He would also like to schedule
an introductory meeting for the new Human Services
Commission before end of month. He also thanked Federal
Way Youth Services, who hosted Deputy Mayor Gates, Mr.
Anderson, Mr. Corso and himself at last night's barbeque
and mortgage burning--they now own their property free and
clear. Mayor Ertel asked about teen program.
Councilmember Templeton reported Mr. Marchione will be
doing an evaluation of the contract.
Deputy Mayor Gates, Chair of Finance/Insurance Committee,
reported they will decide on next meeting date at retreat,
and will be looking at insurance and 1991 budget issues.
Counci1member Marks, Chair of Public Services Committee,
reported their next meeting will be August 30th at 7:30
a.m., to discuss public works and hear report by city
manager. He mentioned the school district is discussing
the busing of children to the new Silver Lake Elementary
School. If the district votes against such busing, it
means all children from Campus Ridge/Westwood area will
have to walk approximately two miles. He suggested council
consider speed bumps, etc. in that area, as it is extremely
important and affects many families. Councilmember
Handmacher said council previously discussed these issues
during Counci1member Marks' absence, so staff will furnish
him with all available information.
Councilmember Stead, Chair of Personnel/Facilities
Committee, reported they will meet tomorrow at 7:30 a.m. to
discuss manager evaluation process, travel and ethics
policies for council.
Councilmember Templeton inquired about status of new city
hall progress. Mr. McFall reported the lease has been
signed, building permit for tenant improvements has been
issued and move should take place in approximately
mid-October.
Federal Way City Council Regular Meeting
August 21, 1990 - Page 12
Counci1member Webster, Chair of Parks, Recreation/Cultural
Arts Committee, reported next meeting is scheduled for
September 5th at 7:30 a.m., but no agenda set at this
time. Councilmember Templeton mentioned Jerry Draggoo is
scheduled for updated report at meeting.
XI.
AUDIENCE COMMENT
Randall Caverly, 28241-27th Avenue South, Federal Way,
reported he was encouraged by amount of time council spent
discussing the day care issue, however, he felt provision
should have been made for audience comment prior to council
vote. He feels the biggest problem are those day care
providers who do not apply for licenses, and further feels
the state licensing should be adequate to cover both state
and cities processes.
Lynda Collins, 124 S. W. 313th Street, Federal Way, stated
she feels council is setting up subsidy problems with
lowering day care fees; she feels planning commission
should have dealt with problem prior to council taking
action. As outlined in her letter submitted to council,
she feels home occupations should be exempt and dealt with
similar to those of neighboring cities.
H. David Kaplan, 30240-27th Avenue South, Federal Way,
reported community council has directed correspondence to
county council, as thank you for their denial of the
Peasley Canyon rezone.
Chief Hash reported conflict with scheduling of staff
meeting and council retreat, so requested fire district be
allowed to address council at August 28th study session or
regular meeting on September 4th regarding LID lift. Mr.
McFall said that would be no problem.
XII.
ADJOURNMENT
There being
Mayor Ertel
no further business to come before the council,
adjourned ~U~~O:2 /
. . < -
N. Chrlstlne Green
Assistant to City Clerk