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Council MIN 08-06-1991 Regular MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING August 6, 1991 - 7:00 P.M. city Council Chambers - city Hall * * * * * * * * * * I. CALL MEETING TO ORDER Mayor Debra G. Ertel called the meeting to order, at the hour of 7:00 p.m., in Council Chambers, City of Federal Way, 33530 First Way South, Federal Way, Washington, on the 6th day of August, 1991. II. PLEDGE OF ALLEGIANCE Deputy Mayor Mary Gates led the Councilmembers and audience in the flag salute. III. COUNCIL ROLL CALL Councilmembers present: Mayor Debra Ertel, Deputy Mayor Mary Gates and councilmembers Handmacher, Templeton, Stead and Webster. Councilmembers absent: Councilmember Marks (Excused Absence). Staff present: Stephen L. Anderson, Assistant city Manager; Sandra Driscoll, City Attorney and Maureen M. Swaney, City Clerk. IV. AUDIENCE COMMENT Jullianne Bruce, 33310 Pacific Highway South, Federal Way, Washington, commented on the proposed dancehall ordinance which will have an impact on the Matrixx Club; the proposed requirements would make the business unaffordable; the proposed requirements give total power to one individual and it is unfair. Hope Elder, 30105 2nd Place SW, Federal Way, Washington, reminded the Council of the community Council picnic; John Karl, Siesta Motel, 35620 Pacific Highway, Federal Way, Washington, commented on the use of jake brakes and related signage; the speed limit on 356th near Christian Life Assembly Church school; and, the liquor sale regulations on sites adjacent to schools. He expressed concern over the Planning Division's failure to allow the improvements to his property. He alleged that localized government prevents improvements. David E. Wooden, 2511 S 286th #D704, Federal Way, Washington, thanked the Council for listening and said he would like to explain ORIGINAL City Council Minutes August 6, 1991 Page Two the measures taken relating to Matrixx Club. He explained the procedures regarding searches, litter control, communications, usher ropes, security guards/training and re-admission charges. He told the Council that the petitions received by the City were not legal because of a variety of allegations. Ray Schow, owner of All Nite Printery, Federal Way, Washington, commented on concerns over asbestos possibly buried at the Evergreen Airport property and asked if the city had given the seller a hold harmless agreement. Ms. Driscoll responded that the hold harmless is in the reverse and that the city did significant investigation prior to purchase; the criteria is the same for asbestos whether for park or commercial purposes. Gary Scott, 1302 S Fawcett, representing Legends in Tacoma, suggested the City of Federal Way implement a teen committee similar to Tacoma. Mr. Anderson told the Council that they will be getting a youth committee proposal in the future. Terry Gates, 5201 SW 318th court, Federal Way, Washington, said he was the victim of the recent auxiliary housing issue and was not certain about why the decision was made, which ruined his life. v. CONSENT AGENDA A. B. C. D. Approval of Minutes - July 16, 1991 & July 23, 1991 Approval of Voucher Planning commission Reappointments (3) Transfers from "B" to "A" List/Redondo Firs, Dumas Bay Ridge, Mirror Lake Terrace, High Point Park Division #3 Motion for approval by Councilmember Templeton; Councilmember Webster. Motion passed as follows: Second by Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Ex Absence Yes VI. RESOLUTIONS A. Steel Lake Circle A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF STEEL LAKE CIRCLE, DESIGNATED AS KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 687-23. City Council Minutes August 6, 1991 Page Three stephen Clifton, senior Planner, reviewed the information that had been in the council packet; he showed maps of the subject area. He explained the conditions imposed as a condition of granting an extension to the date for preliminary plat approval as follows: Developer chooses to pay a fee-in-lieu of and further requests payment on a per lot basis (approximately $1,845 per lot) with the full amount due and payable in a year if all lots are not sold; Developer shall install sidewalks on both sides of South 302nd Place as part of final plat approval; and The storm drain system shall be designed to prevent flooding on South 304th Street and on adjacent private property, to the satisfaction of the Public Works Director of the City of Federal Way. Mr. Clifton told the Council that staff recommends approval of both the preliminary plat extension and the final plat. Motion to approve staff recommendation and approve Resolution No. 91-68 by Councilmember Templeton; Second by Councilmember Stead. Councilmember Webster was told there was adequate oil separation. Councilmember Handmacher was assured the water path for flow and overflow was adequate and would be insignificant to Steel Lake. Discussion continued on a mechanism to collect the fee-in-lieu of money; Mr. Clifton said that Developer had a $34,000 bond on file with the City and it won't be released until the conditions are met. Deputy Mayor Gates had questions on pipe velocity into Steel Lake. Information was related to the Council by Ron Garrow, PE, who said major velocities were in a 12-inch pipe from the pond to 304th which will have an energy dissipation and the flows in 304th will be relatively slow. Ms. Driscoll told the Council that the Developer's bond should be sufficient to cover all conditions and that an additional bond would be held on the storm water issue. She informed councilmember Handmacher that she would include additional language in the Resolution to provide bonding sufficient to guarantee payment. Councilmember Handmacher moved to include the amendment proposed by the City Attorney; Second by Councilmember Stead. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Ex Absence Yes Council Meeting Minutes August 6, 1991 Page Four Resolution No. 91-68 passed as amended: Gates Yes Handmacher Templeton Yes Marks Stead Yes Webster Ertel Yes Yes Ex Absence Yes Councilmember Templeton thanked the Developer for being courteous, cooperative and patient. B. EMS Levy Endorsement A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING KING COUNTY TO PLACE A MEASURE AUTHORI ZED A COUNTYWIDE PROPERTY TAX LEVY OF $.025 PER THOUSAND OF ASSESSED VALUE TO SUPPORT EMERGENCY MEDICAL SERVICES BEFORE THE VOTERS AT THE NOVEMBER 5, 1991, GENERAL ELECTION. Mr. Anderson said Fire Chief Bob Hash was in attendance this evening to answer any questions. Deputy Mayor Gates said this issue had been reviewed by the Administration Committee. Motion to approve Resolution No. 91-69 by Councilmember Gates; Second by Councilmember Stead. Councilmember Handmacher specified this Resolution was not an endorsement of the levy, but only approval to put the issue on the ballot; endorsement discussion may occur at a later date. Councilmember Stead pointed out this was an extension of a current tax - not a new tax. Motion passed as follows: Gates Yes Handmacher Templeton Yes Marks Stead Yes Webster Ertel Yes C. Regional Planning Yes Ex Absence Yes A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE INTERLOCAL AGREEMENT FOR THE PUGET SOUND REGIONAL COUNCIL AS ORIGINALLY ADOPTED BY RESOLUTION NO. 91-53. Ms. Driscoll reviewed the staff report that had been a part of the Council packet. Motion to approve Resolution No. 91-70 by Councilmember Stead; Second by Councilmember Handmacher. Councilmember Handmacher said this issue had been discussed at his Council Committee meeting and it was decided to bring it to the Council of the Whole without a specific recommendation; he said there was not a lot, if any, options and related some background City Council Minutes August 6, 1991 Page Five information on this issue. Deputy Mayor Gates said this is not ideal, but it does provide fairly good representation for the city of Federal Way. Motion to approve Resolution passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Ex Absence Yes VII. INTRODUCTION ORDINANCES A. Cable Franchise Extension AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CABLE COMMUNICATION FRANCHISES, GRANTING CONTINUATION OF NON-EXCLUSIVE FRANCHISES FOR CABLE COMMUNICATION SYSTEMS AND SERVICES UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF FEDERAL WAY AND EXTENDING THE NON-EXCLUSIVE FRANCHISE WITH VIACOM. Mr. Anderson reviewed the information that had been in the Council packet and said the issue had been reviewed by the Council's Administration Committee. The Council was told the franchise fees would generate in excess of $200,000 for the General Fund. He pointed out that there was an error on page two, in two places, and amended the December 31, 1994 date to read December 31, 1993. Discussion continued on the negotiation progress of Seattle and King County. Mr. Anderson said he would have a full report on this status at the next meeting; this is a regional issue and all parties meet monthly to keep up-to-date. Councilmember Handmacher and Deputy Mayor Gates agreed the extension time should be as short as possible while giving enough time for the first community needs assessment. B. Amendment to Zoning Code/Sensitive Areas AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) BY AMENDING DEFINITIONS RELATING TO GEOLOGICALLY HAZARDOUS AREAS AND WETLANDS, (CHAPTERS 3 AND 80); ADDING A NEW SECTION 80.37 EXEMPTIONS TO EXEMPT CERTAIN EMERGENCY AND MAINTENANCE ACTIVITIES FROM SENSITIVE AREA REGULATIONS; AMENDING SECTION 80.65 RELATING TO REGULATED SLOPES TO DELETE REFERENCE TO REGULATED SLOPES AND REPLACE WITH "GEOLOGICALLY HAZARDOUS AREAS"; AMENDING SECTION 80.145 TO DELETE REFERENCE TO "WETLANDS"; ADDING A NEW SECTION City council Minutes August 6, 1991 Page six 80.155.5 TO ALLOW CITY COUNCIL CONSIDERATION OF REPLACEMENT, ENHANCEMENT, REPAIR OR RESTORATION MITIGATION OF IMPACTS WITHIN REGULATED WETLANDS IN CERTAIN INSTANCES; AND AMENDMENTS TO THE FEDERAL WAY ENVIRONMENTAL POLICY ORDINANCE (ORDINANCE 90-40); TO ADD ADDITIONAL DEFINITIONS WITHIN SECTION 20.30 RELATED TO CRITICAL AREAS DEFINITIONS; AND TO AMEND SECTION 20.280 ENVIRONMENTALLY SENSITIVE AREAS TO DESIGNATE ADDITIONAL ENVIRONMENTALLY SENSITIVE AREAS; IDENTIFY INVENTORY RESOURCES AND MODIFY CATEGORICAL EXEMPTIONS. Greg Fewins, Senior Planner, reviewed the staff report that had been in the Council packet. He said there was an error in the substi tute ordinance on page 80-5 and circulated a replacement page. councilmember Handmacher reviewed how this ordinance had been reviewed by both the Planning commission and by the Transportation, Planning and Public Works Council Committee. Deputy Mayor Gates informed the audience that this ordinance would comply with the Growth Management Act and needs to be enacted by September 1, 1991. Councilmember Handmacher congratulated staff and said Federal Way is one of the few cities in the state to meet the imposed deadline. Councilmember Handmacher moved to place the substitute ordinance, as amended, on the August 20, 1991 Council meeting, for enactment; Second by Councilmember Stead. Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Ex Absence Yes C. Amendment to Criminal Code/Children in Cars AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE OFFENSE OF LEAVING CHILDREN UNATTENDED, AMENDING CHAPTER 9.10 OF THE CRIMINAL CODE (ORDINANCE NO. 91-89). Deputy Mayor Gates said this proposal had been reviewed by the Administration Committee and changes requirements from allowing only an adult to supervise, to allow someone at least 12 years old to be a caretaker in an automobile; this is only an adjustment of the current regulation. It was agreed to put this ordinance on the August 20, 1991 meeting agenda for enactment. VIII. COUNCIL BUSINESS A. Parks Commission Appointments city council Minutes August 6, 1991 Page Seven councilmember Webster reviewed the recruitment process for the Parks Commission appointments. He moved that the following individuals with the following terms of office be appointed to the Parks and Recreation commission: One Year Terms Gerald Jackson Angie Eichholz Margaret Nelson Two Year Terms Shirley Charnell Mark Eide John Casserly Three Year Terms Cheri Harris-smith Dave Kaplan Lawrence Edwards Motion Seconded by Councilmember Stead. Councilmember Webster and Mayor Ertel commented on the high caliber of applicants. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Ex Absence Yes Introductions of newly-appointed Commission members were made of those in attendance. IX. CITY MANAGER REPORT Kenneth Nyberg, Assistant city Manager, reported to the Council that there had been a hazardous materials spill this date at a local cleaning shop; the response had been efficient and no materials had been released into the storm drain system. Mr. Anderson referred to written information the Council should have received relating to jail siting; he said there may be time to submit written comments. He informed the Council that a Regional Housing Levy brochure will be available in the Council's upstairs office. The Council was informed that Mr. McFall, City Manager, is out of city council Minutes August 6, 1991 Page Eight the office ill, but should be back in tomorrow. X. COUNCIL REPORTS Councilmember Handmacher said the next Transportation, Planning and Public Works Committee meeting will be Monday, August 12, 1991, at 7:00 p.m., in the Administration Conference Room, at city Hall; an agenda will be distributed later this week. He asked Mr. Anderson to obtain a copy of a letter from the state regarding Dash Point Road. Deputy Mayor Gates said the Administration Committee will hold a study session to allow the Council of the Whole to review the proposed city Manager Evaluation form. The Committee will meet on August 13,1991, at 7:30 a.m., to continue discussions on the dancehall ordinance proposal and the Council Rules of Procedure. Councilmember Webster said the Parks Committee will meet in the morning at 7:30 a.m., in the upstairs conference room, at City Hall, to review the open space acquisition program. He invited new Parks and Recreation commission appointees to attend. Mayor Ertel told the Council that she needs to know if they received a Suburban cities Association mailing because she needs to present their comments. XI. AUDIENCE COMMENTS There was no one in the audience who wished to comment. XII. EXECUTIVE SESSION A. To Discuss Negotiations for Property Acquisition Pursuant to RCW 42.30.ll0(b). The meeting recessed into Executive Session at 8:28 p.m. for :45 minutes to discuss property acquisition. At 9:15 p.m. the meeting was extended for another :15. At 9:30 p.m. the meeting was recessed for a :05 break and extended until 9:45 p.m. At 9:45 p.m. the meeting was again extended for another: 10 minutes. The regular meeting reconvened at 9:53 p.m. XIII. COUNCIL BUSINESS CONTINUED A. Park Property Purchase City Council Minutes August 6, 1991 Page Nine Mr. Anderson explained the property purchase proposal: staff would negotiate with the property owners on the property which is located south of SW Campus Drive, across from lOth Avenue SW and east and adjacent to school district property which, in turn, is adjacent to the new post office site. The recommendation is to purchaSe 16.14 acres of a 21.15 acre tract, at a purchase price of $l,452,600 which equates to $90,000 per acre. The property is zoned RM 2400. There is an existing concomitant agreement which would have made this property eligible for development of 232 multi-family residential units. The property owners will retain 5 acres. Both the property owners and the City shall have right-of-way easements for any future extension of SW lOth Avenue. Other minor terms will be negotiated with Polygon 2000 and Quadrant. Councilmember Webster moved to authorize staff to complete negotiations with Quadrant and Polygon 2000 to acquire 16.14 acres for park purposes at a price of $1,452,600; Second by Deputy Mayor Gates. Councilmember Webster said this property was a high priority in the comprehensive plan. The purchase price is below appraised value and it is important to acquire the property because it is adjacent to the school district parcel that will construct a junior high school. It is a unique opportunity to enter into a joint planning and development project with the school district; it will provide a public and educational opportunity. The Council needs to insure this parcel of property is not lost. Councilmember Handmacher said the property is $300,000 less than appraised value; this purchase will eliminate 190 units of multi- family allowable under the agreement and it satisfies several goals which include acquiring park property and eliminating or reducing multi-family in that area. It is a win-win situation for the City. In response to a question from Councilmember Stead, John Moir, Finance Director, said the purchase will utilize a lease/purchase authority as set forth in the RCW's. Amortization will be over a 15-year period at a cost of $158,000 annually to be financed from excess General Fund revenues; the lease payment is less than 1% of the General Fund revenues. Councilmember Templeton said the parcel is the same size as Lakota Park and will take some pressure off of that location. And, it is larger than Sacajawea Park. This adds significant park land to the City's inventory. Deputy Mayor Gates said this will provide relief from 21st and 356th development - a visual relief from the concrete. City Council Minutes August 6, 1991 Page Ten Councilmember Templeton said the property price amounts to $2.07 per square foot which is incredible because it is 17% below appraised value. Motion passed as follows: Gates Templeton stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Ex Absence Yes B. Setting Special Session The Council set a joint session with Fire and Water/Sewer for September 19,1991, at the hour of 7:00 p.m., to discuss the Golfun property. XIII. ADJOURNMENT The meeting adjourned at the