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Council MIN 09-17-1991 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - 7:00 P.M. City Council Chambers - City Hall 33530 First Way South * * * * * * * * * * I. CALL MEETING TO ORDER Mayor Ertel called the Federal Way city council regular meeting to order at the hour of 7:02 p.m., on the 17th day of September, 1991, in Council Chambers, City Hall, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE Deputy Mayor Gates led the flag salute. III. COUNCIL ROLL CALL councilmembers Present: Mayor Debra Ertel, Deputy Mayor Mary ,Gates and Councilmembers Jim Handmacher, Lynn Templeton, Bob Stead and Jim Webster. Councilmember Marks arrived at ?:IS p.m.. City Staff Present: City Manager J. Brent McFall, City Attorney Sandra Driscoll, city Clerk Maureen swaney and Deputy city Clerk Chris Green. IV. AUDIENCE COMMENT Rav Schow, 33130 Pacific Highway So, Federal Way, expressed concern about environmental clean-up costs at the old Evergreen Airfield site. Duncan A. Bon;orni, 1026 Harvey Rd, Auburn, as attorney for Matrixx, spoke in opposition to the proposed dance hall ordinance; he previously addressed a letter to councilmembers setting forth his concerns. Lvnne Schow, 33130 Pacific Highway So, Federal Way, spoke in opposition to the newly posted "city Hall" signs. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 2 Bob RODer, 525 SW 312th st, Federal Way, spoke in opposition to the proposed appeals process following hearing examiner decisions. Gene White, 28768 Redondo Beach Dr So, Redondo, as spokesman for several Redondo residents in the audience, spoke in opposition to the proposed resolution to rebuild the roadway at Redondo. David Wooden, 33310 Pacific Highway So, Federal Way, as manager of Matrixx, invited Councilmembers to attend a Saturday night dance to view the facilities and attendees; he distributed written invitations to all. Jullianne Bruce, 33310 Pacific Highway So, Federal Way, owner of Matrixx, spoke in opposition to the proposed dance hall ordinance; she said the dance club offers a positive alternative to youth of the area. Ed stickel, 1228 SW 296th st, Federal Way, spoke in favor of the proposed city name change election resolution. Ilene Marckx, 34915-4th So, Federal Way, also spoke in favor of the proposed city name change, and suggested an appropriate name would be "Soundcrest". v. CONSENT AGENDA A. B. C. Approval of Minutes - September 3 & 10,1991 Approval of Voucher - September 17, 1991 Interlocal with pierce County for Housing Rehabilitation Motion by Councilmember Templeton to approve Consent Agenda; second by Councillllember Stead. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes VI. PUBLIC HEARING A. Transit Needs and Light Rail Transit Mayor Ertel opened the public hearing at 7:30 p.m., and asked Councilmember Handmacher to give a brief explanation of the issues as presented at this time. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 3 Public Works Director Philip Keightley presented an overhead projection of the proposed light rail locations. Mayor Ertel then opened the public comment portion of the public hearing at 7:35 p.m.; the following persons came forward to speak: Rav Schow, spoke in favor of the proposed system; he suggested it also be offered to east/west areas, i.e., Auburn and Kent. H. David KaDlan, spoke in favor of constructing the system along Highway 99 instead of I-S, as being more accessible to people. Doua Andrews, complimented the City Council on their active involvement in establishing a future rail system. Lisa Richards, called for the community to help save the environment, including the Redondo Beach area. Peter Townsend, suggested an acceleration of the transit system implementation. Dale RoDer, feels the issue is premature at this time and the proposed plans needmore background and public input. Oliver Middlebrooks, questioned the term "light rail" as being too limited in carrying capabilities; he feels the area needs a "heavy rail" system, i.e., the California BART system. LYnne Schow, suggested a commuter tax be assessed and collected by employers for employees using the system. There being no further public comment, Mayor Ertel closed the public hearing at 7:53 p.m., and reopened the regular meeting. Mayor Ertel announced a change in the agenda--being the classification study presentation at this time. VII. CITY MANAGER REPORT A. Classification Study Presentation city Manager McFall introduced Consultant Bill Ewing of Ewing & Company, who recently completed the city's FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 4 classification and benefit study. Mr. Ewing presented a report on the study process and results followed by a question and answer period for Council. Mr. McFall also introduced Bill Feldt, who was one of the representatives on the citizen committee during the salary review process. Mr. Feldt reported he felt the study was cost effective and professional. Deputy Mayor Gates thanked the citizen committee and city staff for their excellent cooperation during the study. Councilmember Stead suggested the review process be referred to the Administration Committee; Councilmember Handmacher concurred. He recommended two processes--one being the actual policy decision itself and the other being the implementation of the policy. Deputy Mayor Gates moved to pull the proposed dance hall ordinance from the agenda and refer back to committee for more information and discussion; second by Councilmember Handmacher. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes VIII. INTRODUCTION ORDINANCES A. Polygon Lease/Purchase AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF LAND LOCATED AT APPROXIMATELY 10TH AVENUE SW AND SW CAMPUS DRIVE FOR USE AS A PARK OR OTHER MUNICIPAL PURPOSE BY MEANS OF A LEASE WITH OPTION TO PURCHASE; AUTHORIZING EXECUTION OF SUCH LEASE AND RELATED DOCUMENTS, AND APPROVING THE FINANCING PLAN FOR SUCH TRANSACTION. Mayor Ertel presented first reading of the ordinance summary. Due to time elements, Mr. McFall recommended suspension of the rules. Finance Director John Moir also presented a brief informational bond report to Council. Motion by Deputy Mayor Gates for suspension of rules; second by Councilmember Handmacher. Motion to suspend rules passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 5 Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Motion by Councilmember Templeton to approve Polygon Lease/Purchase Ordinance; second by Councilmember Webster. Motion to approve Ordinance No. 91-108 "Polygon Lease/Purchase" passed as follows: Handmacher Gates Marks Webster yes yes no yes Templeton Ertel Stead yes yes yes IX. ENACTMENT ORDINANCES A. Dance Hall AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE LICENSING AND REGULATIONS OF PUBLIC DANCES AND DANCE HALLS, ESTABLISHING LICENSING REQUIREMENTS, PENALTIES, ESTABLISHING GROUNDS FOR REVOCATION OF LICENSES AND ESTABLISHING AN EFFECTIVE DATE. Previously pulled from agenda and referred back to committee. B. Amendment to Portion of SEPA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ENVIRONMENTAL POLICY, PROVIDING FOR APPEALS FROM A HEARING EXAMINER DECISION TO BE FINAL AND FURTHER APPEALS TO BE TAKEN TO SUPERIOR COURT, AMENDING FEDERAL WAY ORDINANCE NO. 90-40. Motion by Councilmember Templeton to approve SEPA Amendment Ordinance; second by Councilmember Stead. Discussion: Councilmember Handmacher expressed concern that a decision on the issue is premature at this time, as he feels it needs more review; Mayor Ertel concurred with his concern. Councilmember Stead suggested an elimination of the hearing examiner method and have appeals heard directly by the city Council, and then to the appropriate court if so desired. councilmember Webster feels it should be a "peoples choice", with the FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 6 proposed ordinance being defeated at this time, until a time when courts become more readily accessible to citizens. Councilmember Marks inquired as to City staff recommendations; Mr. McFall responded by saying it is a policy matter, and there is criteria to handle appeals either way. Deputy Mayor Gates thanked city staff for their work in drafting the proposed ordinance. Motion to approve SEPA Amendment Ordinance failed as follows: Handmacher no Templeton Gates no Ertel Marks yes Stead Webster no C. Approval of Water System Plan no no no AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, APPROVING THE WATER SYSTEM PLAN OF THE FEDERAL WAY WATER AND SEWER DISTRICT COMMISSIONERS, PURSUANT TO RCW 57.16.010, AND AMENDING FEDERAL WAY CODE TITLE 20.230 (ORDINANCE NO. 90-40) TO ADOPT THE FEDERAL WAY WATER AND SEWER DISTRICT WATER SYSTEM PLAN AS A CITY OF FEDERAL WAY SEPA POLICY. Motion by Councilmember Handmacher to approve Water System Plan Ordinance; second by Deputy Mayor Gates. Motion to approve Ordinance No. 91-109 "Water System Plan" passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes x. RESOLUTIONS A. Light Rail Transit A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONCERNING LIGHT RAIL BETWEEN SEATTLE AND TACOMA. Motion by Councilmember Handmacher to approve Light Rail Transit Resolution; second by Councilmember Stead. Discussion: Councilmember Handmacher gave a brief explanation of the issues. Councilmember Webster FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 7 questioned if the wording "light rail" should be omitted from the resolution. Councilmember Webster moved to amend the proposed resolution to strike all references to the words "light rail" and insert "high capacity transit"; second by Councilmember Handmacher. Motion to amend Transit Resolution passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes (AS AMENDED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONCERNING HIGH CAPACITY TRANSIT BETWEEN SEATTLE AND TACOMA. Motion to approve Resolution No. 91-73 "High Capacity Transit", as amended, passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes B. Election Issue A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE CITY NAME CHANGE QUESTION TO THE VOTERS. Motion by Councilmember Marks to approve City Name Change Question Resolution; second by Councilmember Stead. Motion to approve Resolution No. 91-74 "City Name Change Voter Question Resolution" passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes C. Setting Date of Public Hearing on Street Vacation A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON, REGARDING VACATION OF A PORTION OF SOUTH 335TH STREET, IN THE VICINITY OF SOUTH 335TH STREET, EAST OF 6TH AVENUE SOUTH, SETTING A PUBLIC HEARING FOR THE STREET VACATION. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 8 Motion by Councilmember Handmacher to approve the Resolution to Set Public Hearing Date on Street Vacation; second by Councilmember Stead. Discussion: Councilmember Handmacher explained this resolution does not vacate the street, it merely establishes a public hearing date for the proposed vacation process. Motion to approve Resolution No. 91-75 "Setting Public Hearing Date for Vacation of a Portion of South 335th Street" passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes D. Coordinated Prevention Grant Application/Waste Reduction & Recycling Goals A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING APPLICATION TO KING COUNTY FOR RECYCLING FUNDS PURSUANT TO THE KING COUNTY COORDINATED PREVENTION GRANTS. Motion by Deputy Mayor Gates to approve Recycling Grant Application Resolution; second by Councilmember Marks. Motion to approve Resolution No. 91-76 "Authorizing Application to King County for Recycling Funds/King County Coordinated Prevention Grants" passed as follows: Handmacher yes Templeton yes Gates yes Ertel yes Marks yes Stead yes Webster yes E. Dance Hall Fee Schedule A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ESTABLISHMENT OF FEES FOR PUBLIC DANCES AND DANCE HALLS; AMENDING RESOLUTION NO. 90-18. Motion by Deputy Mayor Gates to pull Dance Hall Resolution; second by Councilmember Handmacher. Motion passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 9 Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes F. Redondo Drive A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONCERNING REDONDO BEACH DRIVE, THE RESTORATION OF THE ROADWAY AND SEAWALL AND THE DEVELOPMENT OF PUBLIC PARK FACILITIES. Councilmember Handmacher requested a staff presentation on the issue. Mr. McFall called upon Philip Keightley to present information to Council. Following a brief update, there was a question and answer period followed by a briefing from Fire Chief Crossen with respect to the necessity for fire/police emergency access to the beach and residential areas. Councilmember Handmacher further explained the Federal Way city Council is not a decision maker, but merely a voiced expression. Councilmember Stead reported that even though King County will make the final decision, Federal Way Councilmembers may have some impact regarding fire and police emergency concerns. Councilmember Webster expressed his feeling that this is an opportunity to reclaim valuable waterfront land. Deputy Mayor Gates and Councilmembers Handmacher and Templeton all agreed they would like to see the beach and marshlands in the area protected, but are also concerned about fire and police safety issues. Motion by Councilmember Marks to approve Redondo Beach Drive Resolution; second by Councilmember Templeton. Motion to approve Resolution No. 91-77 "Restoration of Redondo Beach Drive Roadway and Seawall" passed as follows: Handmacher Gates Marks Webster yes yes yes no Templeton Ertel Stead yes yes yes At 9:42 p.m., Mayor Ertel announced a 5-minute recess. Mayor Ertel reconvened the meeting at 9:55 p.m.. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 10 XI. CITY MANAGER REPORT (CONTINUED) A. 1992 Preliminary Budget city Manager McFall presented the City of Federal Way 1992 Preliminary Budget to Council, assisted by Finance Director John Moir who used overhead projections showing financing sources, expenditures and comparisons with other cities. Mr. McFall reflected that the city "builds on a foundation of municipal service". Mr. Moir also distributed newly published copies of the preliminary budget to Councilmembers, as well as a time schedule for upcoming City staff budget presentations. Councilmember Marks was wished a "happy birthday" by Councilmembers and City staff. Mayor Ertel commended city Manager McFall on the excellence of his presentation on the preliminary budget and requested a public hearing be scheduled prior to the scheduled City staff budget presentations. Mr. McFall suggested the public hearing be held on October lst; Councilmembers concurred. XII. COUNCIL REPORTS Councilmember Webster reported the Parks/Recreation/Human Services Committee will meet tomorrow at 7:30 a.m.. Deputy Mayor Gates announced the next meeting of the Administration Committee is scheduled for September 20th at 7:30 a.m.. As a member of the Legislative Committee for AWC, she will be attending their Friday meeting. She announced she will be circulating AWC information to all Councilmembers. Councilmember Handmacher reported the Planning/Public Works/Transportation Committee will meet September 23rd at 7:00 p.m., with the agenda to be announced. He will also be attending a Chamber breakfast with METRO Staff on Thursday. Mayor Ertel congratulated Deputy Mayor Gates for her appointment to the AWC Legislative Committee. Councilmember Stead reported he will be representing the city at upcoming Pierce County Mayors' meetings. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 17, 1991 - Page 11 Mayor Ertel commended Finance Director Moir and his City staff for their outstanding work on the Comprehensive Annual Financial Report. XIII. AUDIENCE COMMENT No one came forward to comment. XIV. EXECUTIVE SESSION A. To discuss pending litigation pursuant to RCW 42.30.1l0(i) Mayor Ertel recessed the regular meeting at 10:45 p.m., and announced the City Council would convene for an executive session for approximately 30 minutes to discuss pending litigation. Mayor Ertel announced the executive session adjourned at 11:05 p.m., with no action taken, and reconvened the regular meeting. xv. ADJOURNMENT There being no further business to come before the Council, Mayor Ertel adjourned the regular meeting of the Federal Way City Council at the hour of 11:05 p.m.. =-::; ci.r~~ Deputy city Clerk