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