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