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Council MIN 09-04-1990 Regular FEDERAL WAY CITY COUNCIL -- REGULAR MEETING MINUTES September 4, 1990 - 7:00 P.M. City Council Chambers - City Hall Federal Way, Washington 1. CALL MEETING TO ORDER Mayor Ertel called the City Council Regular Meeting to order at the hour of 7:06 p.m., on the 4th day of September, 1990, in Council Chambers, City Hall, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE Travis Knapp of Children of the American Revolution 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; Jim Shanks, Public Works Director; Greg Moore, Land Use Manager; Stephen Clifton, Senior Planner; Sheryl Trent, Intern; Maureen Swaney, City Clerk; and Chris Green, Deputy City Clerk. Media Present: Kurt Herzog, Federal Way News. IV. PROCLAMATION 1. Constitution Week - September 17-23 Mayor Ertel read and presented proclamation to Nancy Schaitel of Daughters of American Revolution and Travis Knapp of Children of the American Revolution. Councilmember Marks told a humorous story about Govenour Morris from Pennsylvania, the individual who drafted the Preamble to the Constitution. V. AUDIENCE COMMENT Shirley Blackburn, 28002-22nd Avenue South, Federal Way, is concerned about adult entertainment clubs in the area and asked if another club is opening. Mr. McFall explained there has been no business application received to date. ORIGINAL Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 2 Ilene Marckx, 3491S-4th Avenue South, Federal Way, read and distributed letter to council in opposition to selected logo design. H. David Kaplan, 30240-27th Avenue South, Federal Way, speaking on behalf of community council, invited the council and citizens to next the council's next meeting on Thursday, September 6th, at 7:30 p.m., in Education Service Center. Agenda will be Metro's proposed route changes for fall/winter schedule. Thomas Kim, a graphics designer, discussed the importance of selecting an adequate logo and name for the city. VI. CONSENT AGENDA 1. 2. 3. 4. 5. Voucher for 9/4/90 Minutes of August 28, 1990 City/Fire District Interlocal Agreement on Telephone System City/Fire/Water-Sewer Interlocal on Property Acquisition Approval of City of Federal Way Logo Councilmember Marks requested #5 be pulled from the consent agenda. Councilmember Handmacher requested #4 also be pulled from the consent agenda, as well as indicating correction on minutes of August 28, 1990, page 3, City "log" be changed to City "logo". Motion by Councilmember Webster to approve consent as amended with minute correction and items #5 and #4 pulled for later discussion; Second by Councilmember Marks. Motion passed as follows: Handmacher Templeton Gates Ertel Yes Yes Yes Yes Marks Stead Webster Yes Yes Yes Councilmember Handmacher inquired regarding item #4 (City/Fire/Water-Sewer Property Acquisition Interlocal)--page 2, paragraph #3--said he is concerned about language regarding binding arbitration in event three parties cannot agree; his recollection at time of discussion was to find an alternative system to binding arbitration. Mr. McFall said that it correct and recommended staff make necessary corrections to agreement and bring back to council at next meeting. Councilmember Webster inquired about Fire District right to purchase additional one-sixth interest from the City--page 2, paragraph #4. Mr. McFall said this item was added at request of Fire District Board. It provides for opportunity for fire district to purchase an additional one-sixth to acquire up to one-third interest. Mr. McFall feels the language is unnecessary, but doesn't see it as a Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 3 problem. Councilmember Handmacher said Councilmember Webster raised a good point, as it could resolve disputes under paragraph #3. Mayor Ertel confirmed item would be brought back to council in two weeks. Mayor Ertel confirmed Councilmember Marks request to pull logo item. Councilmember Marks said after listening to citizen remarks, indicating they are not satisfied with the selected symbol. He feels the city needs a strong logo to represent it and would like to see it professionally designed. He said he is usually conservative when it comes to spending the city's money, but feels this is an extremely important item, and urged the council to reconsider selecting a different logo. Councilmember Stead said he outlined his concerns last week; he has received two citizen calls in opposition to the selected design. One concern is that the design is similar to the logo for Federal Express. Deputy Mayor Gates said she has received phone calls from citizens and the consensus is about two-thirds in favor and one-third against the design. She has no objection to waiting to see if a better design is received, but wants to conclude this issue in a timely fashion. Councilmember Templeton concurred. Motion by Councilmember Templeton for adoption of selected logo; Second by Councilmember Webster. Discussion: Councilmember Handmacher said he is not excited about this particular design, but also realizes not everyone will be happy with anyone particular design. He feels sufficient discussion and public input was allowed. Councilmember Webster said he also feels the process established and followed was adequate to make a decision, and feels it is the best design submitted. Councilmember Templeton agrees with Councilmember Webster and said this issue is one of personal opinion, so a total consensus for one design is probably impossible. He feels the council should vote at this time. Councilmember Marks said even though processes are set up and followed, the end results are not always the best. He feels this particular issue is not pressing, and asked the council to reconsider their decision, so a class decision can be made--he said this logo is not Federal Way. Motion to adopt selected logo passed as follows: Handmacher Yes Marks No Templeton Yes Stead No Gates Yes Webster Yes Ertel Yes Mayor Ertel announced that due to Councilmember Stead's prior request to be excused for Soundview plat review, the Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 4 agenda would be rearranged to allow for city manager and council reports prior to council business discussion. VII. CITY MANAGER REPORT Mr. McFall announced management staff would be away from their offices for the next three days for "team building" retreat. VIII. COUNCIL REPORTS Councilmember Webster, Chair of Parks/Recreation Committee, reported there would be no meeting tomorrow morning; next meeting will be September 19th at 7:30 a.m., to discuss comprehensive plan and survey information. Councilmember Stead, Chair of Facilities/Personnel Committee, reported next meeting is scheduled for September 10th at 7:30 a.m. Councilmember Marks, Chair of Public Services Committee, reported next meeting will be September 14th at 7:30 a.m. Deputy Mayor Gates, Chair of Finance/Budget/Insurance Committee, reported next scheduled meeting is September 18th at 7:00 a.m., to review August financial report, 1991 budget and insurance. Councilmember Templeton, Chair of Human Services Committee, reported next meeting is scheduled for September 28th at 7:30 a.m., to discuss child/family resources and 1991 budget allocations. He also reported the next meeting of Human Services Commission would be held September 17th at 7:00 p.m. Commission will be meeting every third Monday at 7:00 p.m., in council chambers. He also reported Mr. Anderson will review the policy of contribution from King County Government to Federal Way Youth Services and Senior Center. The King County Roundtable meeting will be held November 7th, but doesn't feel joining the group would be in best interests of city this year. A city staff member will cover the meeting and report back to the committee. He anticipates Human Services Commission will make final decision regarding the city's participation in 1991. Councilmember Templeton explained that when the interim budget set last Spring, a line item of $100,000 was allowed for human service enhancements for services to citizens of Federal Way. Approximately $75,000 has been expended and the committee needs to make a decision regarding allocations of the balance of funds at this time. The committee met this morning and approved allocations to senior citizen center in amount of $8,154.67 to cover two Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 5 staff positions (cook and volunteer coordinator), including 12% of benefits; also approved $6,000 to youth services to add counselor to treat sexually abused children in 9-14 age group. Also received $10,000 request from Catholic Services, which will be held over until 1991. This will retain about $10,000 for community emergencies. Motion by Councilmember Templeton to adopt purchase of services from Federal Way Senior Center in sum of $8,154.67 and Federal Way Youth Services in amount of $6,000; Second by Councilmember Marks. Motion passed as follows: Handmacher Templeton Gates Ertel Yes Yes Yes Yes Marks Stead Webster Yes Yes Yes Councilmember Templeton explained an application for Human Services Commission had been overlooked by staff, so selection committee didn't see the application until after the selection process, which was unfortunate. The committee discussed several options--from sending apology to adding another member. After some discussion, it was decided to amend the ordinance establishing the commission, in order to add a tenth member. Councilmember Templeton requested council suspend rules and vote at this time. Motion by Councilmember Templeton to suspend rules to approve Ordinance No. 90-74; Second by Councilmember Marks. Motion passed as follows: Handmacher Templeton Gates Ertel Yes Yes Yes Yes Marks Stead Webster Yes Yes Yes Motion by Councilmember Templeton to adopt Ordinance No. 90-74, amending Ordinance No. 90-72, to add tenth member to Human Services Commission; Second by Councilmember Marks. Discussion: Councilmember Webster inquired about the prior selection process for applicants. Mayor Ertel asked if tenth position is added, will other applications received earlier also be reviewed. Councilmember Handmacher expressed concern about changing the entire selection process to add another individual. He feels if the commission is opened up to a tenth member, all original applications should be reconsidered. Councilmember Templeton said he wants the best possible option presented to council prior to their decision. He said David Froyalde, founder of the Filipino/American Society, is the individual overlooked during the selection process. Councilmember Stead agrees with Councilmember Handmacher that it is a difficult decision. Councilmember Webster Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 6 asked how the nine-member number was originally arrived at in the process. Councilmembcr Templeton explained one reason for selecting nine members was to assist in the voting process. It also allowed for appointing three members each to two, three and four year terms--so there could be downside to appointing a tenth member. Councilmember Stead said he is concerned about balance, as well as the appearance of a flaw in the selection process. Mayor Ertel agreed, saying the oversight was an honest mistake, and that she has a problem with changing the actual process. Councilmember Handmacher said another alternative would be to reopen entire commission for appointments. Councilmember Marks feels a statement regarding future policies should be made as soon as possible. Councilmember Webster asked how decisions are made regarding size of each board and/or commission. Mayor Ertel explained the number of members is decided upon at the time the commission or task force is established and varies depending on needs of that particular group. Councilmember Templeton stated he wanted to clarify that this particular issue has nothing to do with the inåividual personally--it was just an oversight within the system. Councilmember Webster asked Councilmember Templeton if the commission would operate more efficiently with a tenth member, and he responded "no". Councilmember Handmacher said since the Human Services Commission is a long-term process, when the selection process opens up in two years, the city needs to ensure a fair and open process. He requested apologies be extended to Mr. Froyalde for the unfortunate incident. Roll call vote to approve Ordinance No. 90-74 failed as follows: Templeton Handmacher Marks Stead Yes No Yes No Gates Webster Ertel No No No Mayor Ertel said a letter of apology would be sent to Mr. Froyalde, as well as suggesting he apply for the opening on the commission in two years, or apply for positions on short-term task forces, boards or commissions that may become available in the interim. Councilmember Handmacher, Chair of Land Use/Transportation Committee, reported joint meeting of committee and planning commission has been cancelled as premature at this time. Mr. Springer will work with staff and bring back to committee mid-October or November. There should be some funds available through state under growth management for Department of Community Development. Mr. Springer is working with planners around the county, with a possibility of receiving a grant of up to $80,000 from the state for Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 7 planning purposes, which could be used to fund land use inventory. In lieu of joint meeting with commission, committee will meet with staff. Councilmember Handmacher urged council of whole to attend the meeting, in order to discuss their priorities. Councilmember Handmacher said he would like council to discuss King County merger proposal tonight, as Mayor Ertel will be representing the city at tomorrow's meeting regarding the merger of Metro and County Council. Mayor Ertel said she has distributed informational letters from Lois North and Paul Barden and would like to discuss the council's view on the subject. Councilmember Marks feels merger has alot of merit and is a good idea; Councilmember Webster concurred. Councilmember Stead feels there is a lack of responsibility on the part of the nine members and wants to make sure Federal Way is well represented, if seventeen members are selected. Councilmember Handmacher agrees with Councilmember Stead and said he has a problem justifying the cost of seventeen full-time salaries, especially since the county council responsibilities are shrinking as county size shrinks. Councilmember Templeton likes the idea of a non-partisan council, but dislikes the idea of seventeen members. He likes Greg Nickels' ideas on transportation and water quality boards, and doesn't like idea of the county council being the controlling authority. Deputy Mayor Gates said she and Mayor Ertel have worked with King County 2000, and she is surprised meeting is being held prior to Justice Dwyer's decision being rendered. She agrees it makes good sense to regionalize services, but it could be very short-sided. Transportation and water may not be a county issue, but rather a four-county issue. Mayor Ertel said that date was selected, as it was felt Justice Dwyer's decision would be issued by that time. Councilmember Handmacher concurs with Deputy Mayor Gates, in that involving more counties could be advantageous. Mayor Ertel said there is a problem convincing others to join since King County hasn't adequately handled some of its own problems. Councilmember Stead agreed that King County needs to resolve their problems first. Councilmember Handmacher disagreed and said he feels King County has done a relatively good job regarding water quality, but three or four counties could be more effective. Councilmember Stead is concerned city council might vote no to this proposal because it is looking for a larger and better one, and both might be lost. Mayor Ertel feels proposals need to be put on the table and action taken now. Councilmember Templeton mentioned council's study session on road improvement plan. He is concerned about roadway at hairpin curves on Dash Point Road and 9th Avenue South near Sacajawea Junior High, which is a state road. There have been many serious accidents, including a fatal this past Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 8 weekend. He would like to see a lower speed or cones on yellow line. Mr. McFall responded he will have staff contact and work on problem with state. Mayor Ertel wanted to clarify recent media information regarding a new shopping center in Federal Way--she has not made any statements and doesn't know where the information originated. IX. COUNCIL BUSINESS 1. Soundview Preliminary Plat a. Consideration of Condition G - Resolution No. 90-32 Councilmember Stead excused himself from chambers at 8:28 p.m., and Mayor Ertel called for a five-minute recess. The meeting reconvened at 8:34 p.m., at which time Mr. McFall called on Stephen Clifton to give the staff report on the Soundview Preliminary Plat review. Mr. Clifton explained to public that council is reviewing Condition G of the preliminary plat, which effects realignment of 44th Avenue S.W. into Dash Point Road, and presented visual overheads for council information. Jim Shanks discussed technical issues regarding alternatives for road intersections into plat. Alternative 2, discussed at previous meeting, does not provide any more distance between Dash Point Road and intersection to north from safety and operational standpoints than that of Alternative 3. Alternative 3 can be done within existing right-of-way without taking any private property and without disturbing the ditch to northeast and at considerable less expense to city; being somewhere in neighborhood of $5,000-10,000 depending on pipe in corner. The question then would be where is the best place to locate 44th Ave. S.W. Both the city and Wilsey & Ham have looked at the profiles and one of the problems is the physical constraints with the elevation. Alternative 3 is probably the best match with Dash Point Road, however, the grade at south property line is approximately 15%, which is very steep, especially for school buses, etc. Alternative 4 moves intersection back to original proposed location; the distance between 44th Ave. and 43rd Ave. is approximately 400 feet. Staff had some concern about sight distance since Dash Point Road dips off to east, but in physically viewing the road and taking measurements, this location would provide adequate site distance from the east. This alignment also offers additional length to allow for an approximate 12% grade. Mr. Clifton said the staff recommendation is for approval of Alternative 4. Councilmember Handmacher expressed appreciation for the new information presented by staff, and asked if there could be Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 9 possible grading problems. In order to obtain a 12% grade with Alternative 3, there would be ten feet below existing grade at top of hill vs. seven or eight feet below grade on Alternative 4 at bottom of hill. He also questioned how much would actually be gained with Alternative 4 with cuts and earth moving. Mr. Shanks explained that in order to make a 12% grade, it would have to be ten feet below existing grade line. Councilmember Handmacher asked if public could comment at this time, and approval was given. Mark Davis, 31204-44th Avenue S. W., Federal Way, one of the property owners in the area, is concerned about the property to south of him, if and when it is developed. He is also concerned about school bus stopping ability during icy road conditions. He feels Mr. Zaffino, another property owner, could have a problem with Alternative 4. He feels Alternative 3 is the best selection; also feels developer should provide engineering. Ron Zaffino, 4332 S. W. Dash Point Road, Federal Way, area property owner, said his biggest concern is the fact that Dash Point Road is a state highway, and there is a blind corner to the west and hill to the east. Not only would he have a major access in front of his property, but adding a turn lane could be dangerous to bike and pedestrian travel. Councilmember Templeton said he is still concerned about water run-off. Mr. McFall explained drainage is not affected by any of the options. Motion by Councilmember Marks to accept staff recommendation to approve Alternative 4; Second by Councilmember Templeton. Discussion: Councilmember Marks said owner's progress has been held up too long and feels since staff has recommended Alternative 4, the council should accept that proposal. Mayor Ertel said from safety standpoint, she feels Alternative 3 is best. Councilmember Webster asked if applicant would be able to develop an extra lot with Alternatives 3 and 4. Councilmember Templeton feels Alternative 3 is safer, but appreciates Councilmember Marks' opinion, as well as the concerns of citizens. Councilmember Handmacher asked if there could be problems with the 15% grade for buses and other vehicles under good weather road conditions. Mr. Shanks said there would be no problems. Bob Scholes, engineer for developer, said he feels any type of mass grading could be a serious mistake. Councilmember Marks said he feels council should accept city staff recommendation, since the councilmembers haven't personally walked the area. Councilmember Handmacher asked city attorney for confirmation that the resolution allows for only 30 lots total; Ms. Driscoll responded in the Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 10 affirmative. Deputy Mayor Gates said she would like to see an adequate decision made soon, allowing construction to commence, as well as approval of the best possible roadway configuration. Mayor Ertel asked if Alternative 3 would encroach into the wetland and how that location would vary from the other alternatives, particularly that of Alternative 4. Mr. Scholes said there is a wetland/swale area at top of lot 5. Mr. Clifton said he believes that area is designated as Class 2 wetland. Councilmember Marks asked about impact of all alternatives on city funding for roads, etc. Mr. McFall said Alternative 1, no impact; Alternative 2, approximately $150,000-200,000; Alternatives 3 and 4, minimal cost with only minor realignment of pavement. Call for question to approve Alternative 4 failed as follows: Ertel Marks Webster No Yes Yes Templeton Handmacher Gates No No No Motion by Councilmember Templeton to approve Alternative 3; Second by Councilmember Handmacher. Discussion: Councilmember Handmacher asked if council adopts Alternative 3, can they specify the road alignment or just the intersection alignment. Ms. Driscoll explained that technically the only issue before the council is the realignment of the roadway intersection of 44th and Dash Point Road as referred to under Section G. Mr. McFall explained that engineering designs resulting in minor changes are allowed, however, if substantial changes are made the recommendation would have to come back before the council. Councilmember Marks asked if the wetlands are impaired in any way by approving Alternative 3, and what would be the additional expenses to the developer. Mr. McFall explained the wetlands were considered, but the staff recommendation was based more on street design and grade differential between southend of development and northend of the school district property. Councilmember Webster asked if council approves Alternative 3, would that approval only provide for access onto Dash Point Road. Councilmember Webster requested overhead illustration for original plat approval be shown to council. Mr. Clifton explained council approved 30 lot subdivision at June 5th hearing; Condition G allowed flexibility to determine where access to plat would be located, so wherever that access is set, it will affect the road layout of the plat. Councilmember Webster questioned if council, by voting for Alternative 3, is superimposing access only to corner, forcing developer to come back at a later date for reapproval. Mr. Clifton said, in his opinion, that is correct; Ms. Driscoll concurred. Mr. McFall explained Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 11 council is reviewing the point of access to Dash Point Road--if any change is made from prior plat approval, by necessity, it would change the interior configuration of the plat. Councilmember Handmacher asked if WSDOT approved Alternative 3. Mr. Clifton said staff would submit documents to state after council approval. However, he has talked with them and he feels they will have no objections. WSDOT has indicated that eventually this road may be turned over to the city, so WSDOT is leaving decision up to city council. Councilmember Handmacher suggested council adjourn into executive session to allow for a legal opinion from city attorney; Councilmember Marks concurred. Ms. Driscoll said since certain issues have been raised by the developer and his attorney regarding interpretation of language related to Condition G and potential legal concern, council is able to discuss such issues by calling an executive session. At 9:40 p.m., Mayor Ertel announced council would adjourn into executive session for ten minutes, and return at 9:50 p.m. to discuss potential litigation. Mayor Ertel announced the executive session concluded at 9:50 p.m., at which time she reconvened the regular meeting. The prior motion makers withdrew their motion and second to approve Alternative 3. Motion by Councilmember Handmacher for reconsideration of prior motion to accept staff recommendation for approval of Alternative 4; Second by Councilmember Marks. Motion passed as follows: Handmacher Yes Templeton Yes Gates Yes Ertel Yes Marks Yes Webster Yes Call for prior motion to approve Alternative 4 passed as follows: Handmacher Yes Templeton No Gates Yes Ertel No Marks Yes Webster Yes x. AUDIENCE COMMENT H. David Kaplan, 30240-27th Avenue South. Federal Way, reminded council of his February 6th challenge to find out regarding 5% in lieu of open space fee, which developers are paying to King County. Mr. McFall explained staff has been in contact with the county, and requested Mr. Anderson give the council a brief report. Mr. Anderson said he Federal Way City Council Regular Meeting Minutes September 4, 1990 - Page 12 received a letter from King County Parks and Recreation dated August 23rd, which indicates the city has $93,000 on deposit, with funds spread over nine elementary school boundaries, three of which have the following approximate funds: Adelaide, $41,000; Mirror Lake, $15,250; and Panther Lake, $36,750. Staff will be doing more research, including city's finance director and county staff, to determine exact amount of funds due the city. Deputy Mayor Gates asked if staff had also checked on interest; Mr. Anderson said that would be included in the analysis. Ron Zaffino, 4332 S. W. Dash Point Road, Federal Way, made comment regarding the city's sign code. His permit for modification of his present business sign was denied by the planning department; he requested council and staff take another look at his permit application, to avoid the necessity of filing an appeal. XI. ADJOURNMENT There being Mayor Ertel no further business to come before the council, adjourned the regular meeting at 9:58 p.m. ~:~«~ Deputy City Clerk