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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