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Council MIN 02-19-1991 Regular FEDERAL WAY CITY COUNCIL REGULAR SESSION/PUBLIC HEARING MINUTES February 19, 1991 - 7:00 P.M. city Council Chambers - City Hall 33530 First Way South Federal Way, washington I. CALL MEETING TO ORDER Mayor Ertel called the Federal Way City council Regular Session to order at the hour of 7:04 p.m., on the 19th day of February, 1991, in council Chambers, city Hall, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE Councilmember Stead led the Council and audience in the flag salute. III. ROLL CALL OF COUNCIL council present: Mayor Debra Ertel, Deputy Mayor Mary Gates and Councilmembers Jim Handmacher, Lynn Templeton, Joel Marks, Bob Stead, Jim Webster. Also present: city Manager J. Brent McFall, City Attorney Sandra Driscoll, city Clerk Maureen Swaney, Deputy City Clerk Chris Green. IV. AUDIENCE COMMENT Mary Ehlis, 31009-49th Place SW, Federal Way, extended appreciation to Councilmember Webster, Assistant City Manager Steve Anderson and Recreation/Human Services superintendent Cheri McCabe for their cooperation regarding the City's co-sponsorship of "Family Fest". Kevin Mitchell, 33320-10th Court SW, Federal Way, thanked the City Council for their work on the criminal code, however, he requested an amendment allowing firearm shooting facilities within the City. H. David Kaplan, 30240-27th Avenue South, Federal Way, congratulated the City on its newsletter and suggested community Councilmember names be listed. ORIGINAL FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 2 VII. V. VI. CONSENT AGENDA A. B. C. D. Approval of Minutes Approval of Voucher Application for FEMA Funding/Disaster Assistance Authorization for lAC Funding Application/Parks Motion by Councilmember Stead to approve Consent Agenda; second by Councilmember Templeton. Motion passed as follows: Handmacher Gates Marks Webster Templeton Ertel Stead yes yes yes yes yes yes yes INTRODUCTION/FIRST READING ORDINANCE criminal Code Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A CRIMINAL CODE AND PROVIDING FOR THE PENALTIES FOR VIOLATION THEREOF. Mayor Ertel presented first reading on the ordinance. Councilmember Webster requested an amendment to the ordinance be drafted to permit firing ranges within the City; Law Department will prepare such an amendment prior to the second reading. ENACTMENT ORDINANCE Claims Ordinance (Ordinance No. 91-88) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A CITY CLAIMS PROCESS. Motion by Councilmember Marks to approve Claims Ordinance No. 9l-88; second by Councilmember Stead. Motion passed as follows: Handmacher Gates Marks Webster Templeton Ertel Stead yes yes yes yes yes yes yes FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 3 VIII. RESOLUTIONS A. Local Government Investment Pool Authorization A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REPEALING RESOLUTION NOS. 90-20 AND 90-29 AND SPECIFYING THE OFFICERS AND PERSONS AUTHORIZED TO INVEST AND WITHDRAW FUNDS OF THE CITY. Motion by Councilmember Templeton to approve Authorization Resolution; second by Deputy Mayor Gates. Discussion: Councilmember Stead requested an explanation of the background information, which was offered by City Manager McFall. Councilmember Webster asked if the City Manager could be given the authority to sign or designate such signature, and Councilmember Handmacher questioned types of bonds covering employees. The Law Department will review the draft and make necessary changes. Motion by Councilmember Handmacher to table passage of the resolution until next meeting; second by Deputy Mayor Gates. Motion passed as follows: Handmacher yes Templeton yes Gates yes Ertel yes Marks yes Stead yes Webster yes B. Family Fest (Resolution No. 91-49) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARING THE CITY'S INTENT TO CO- SPONSOR THE "FAMILY FEST" EVENT. Motion by Councilmember Webster to approve Family Fest Resolution No. 9l-49; second by Councilmember Stead. Discussion: Councilmember Marks said he feels this event is a good function and he supports the idea, but will vote against approval as he feels there are other activities in need of assistance. Councilmember Webster explained this decision does not preclude the City from assisting other events in the community; he feels it is important for the city to be involved with Family Fest again this year. Deputy Mayor Gates agreed with Councilmember Webster, and said she feels it is appropriate for the City to support this particular event. Councilmember Handmacher questioned amount of the FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 4 City's funding for the event; Mr. McFall explained no specific amount has been determined at this time and reported staff will be working with the committee to make a recommendation. Motion to approve Family Fest Resolution No. 91-49 passed as follows: Handmacher yes Templeton yes Gates yes Ertel yes Marks no Stead yes Webster yes C. Hampstead Green #1 Final Plat Approval A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF HAMPSTEAD GREEN #l, DESIGNATED AS KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 786-22. Motion by Councilmember Stead to approve Hampstead Green #1 Final Plat; second by Councilmember Templeton. Discussion: Councilmember Handmacher requested a copy of the original approval by King County, as well as more complete floodplain information. Mr. McFall suggested the resolution be tabled until the next meeting for additional staff information. Motion by Deputy Mayor Gates to table passage of the plat approval resolution until the next regular meeting; second by Councilmember Stead. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Mayor Ertel announced a change in the agenda order to allow for the public hearing at this time. IX. PUBLIC HEARING Application for proposed rezone of approximately 14 acres from RS 9.6 to BC located at Northwest corner of SW 348th st & 1st Ave So, being Application No. RZ-90-000l; Applicant: Western Securities FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 5 Mayor Ertel declared public hearing open at 7:25 p.m.. Mr. McFall introduced Senior Planner Greg Fewins who gave the staff presentation on the rezone application; he explained the applicant is requesting a change in zoning from residential single family to community business. He further explained the Council is acting as hearing examiner on this parcel since there were no examiners in place at the time of the original application, and are limited to making a decision on the merits of the proj ect. Mr. Fewins reported City Staff recommends approval, subj ect to the settlement and concomitant agreements to be prepared by the City Attorney. He further explained the Council can modify, grant or reject the application. Mr. Fewins used overhead and slide projections as visual aids for his presentation. Councilmember Handmacher voiced his concern about surface water problems with Panther Lake and surrounding areas, and asked if SWM studies will require additional information. Surface Water Manager Cary Roe answered in the affirmative and explained the process will take approximately two weeks. Councilmember Templeton asked if the anticipated $2,000,000 improvement in the Panther Lake area would be the responsibility of the city; Mr. Roe explained no determination has been made at this time, and further explained that this project is not attributable to the surface water problems since it is located downstream from the principal area. He feels the developer has gone above and beyond the normal steps to avoid drainage problems. Mayor Ertel opened the hearing to audience comment: Barb Gardner, 309 SW 321st, Federal Way, spoke in opposition to the project; she is concerned about water drainage and school bus problems. Rebekah Reqan, 34436-8th Avenue SW, Federal Way, elementary school student, spoke in opposition to the project; she is concerned about school crossing safety in the Panther Lake Elementary area. Wallv Costello. P.O. Box 130, Bellevue, representing the owner/developer, reported he is in attendance to answer any questions the Council may have regarding the proj ect. John Karl, 35620 Pacific Highway South, Federal Way, expressed his concern about culvert sizes south of the project and whether or not they are adequate to handle drainage problems. FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 6 There being no further public comment, Mayor Ertel closed that portion of the hearing at 8:01 p.m., and opened council deliberations. Motion by Councilmember Handmacher to table a decision for approximately four weeks since there are no specific answers regarding surface water problems, and he would like to allow the City's Surface Water Management Staff adequate time to compare drainage problems with those identified by SWM; second by Councilmember Stead. City Attorney Driscoll advised the council has 120 days to make a decision. Motion to table the application for the proposed rezone until more complete surface water information is received passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Mayor Ertel concluded the public hearing at 8:04 p.m.. x. COUNCIL BUSINESS Legislative Agenda Councilmember Stead said he is not in favor of the section on Insurance/Tort Reform (page 11, paragraph 2); Councilmember Handmacher agreed and further stated the Council should move on the issue immediately. Councilmember Webster concurred by saying the Council needs to direct its recommendations to the 1991 legislature as soon as possible. He is concerned the reference to "neighborhood parks" could be interpreted differently between various agencies, and would not be consistent with Federal Way's plan. Motion by Deputy Mayor Gates to approve appropriate changes to Federal Way's Legislative Proposal regarding Insurance/Tort Reform and Neighborhood Parks; second by Councilmember Templeton. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 7 XI. CITY MANAGER REPORT Mr. McFall reported City staff has been working with the City of Tacoma and Port of Tacoma Commissioners on transportation issues, and will be scheduling a meeting between those entities and the City Council in the near future. He reported next Tuesday's Study Session will be a joint meeting between the Council and Planning Commission. Mr. McFall called upon Assistant City Manager Nyberg to give a brief report on recent storm water problems within the city. Mr. Nyberg explained most of the current problems are due to lack of maintenance, i.e., blockage and silt; he used a visual overhead to show problem areas following last winter's storm compared to the recent one. Councilmember Templeton reported there was water over the roadway on Star Lake Road between Mark Twain Elementary and 272nd. Deputy Mayor Gates expressed her concern about maintenance costs being charged to the City by the County when those repairs are not adequate to eliminate the problem. Mr. Nyberg reported he will be meeting with County staff on Thursday to discuss such issues. Fire District staff reported the recent rain did not cause a problem on 1st Avenue, however, the November storm caused a divers ion of traff ic and hampered the department's ingress and egress from their property. XII. COUNCIL REPORTS Councilmember Handmacher reported the next meeting of the Planning/Public Works/Transportation Committee will be Monday at 7:00 p.m.; agenda will be the work plan for the Planning Commission and Council's joint meeting on Tuesday. He reported that METRO is moving ahead on its plans for H.O.V. lanes and mass transit up to 272nd, and does not plan to extend that service into the City's boundary area, and suggests the Council submit a recommendation to METRO immediately. Motion by Councilmember Handmacher to authorize the Law Department to prepare a resolution indicating the City requests an extension of H.O.V. lanes and high capacity rapid transit to at least South 348th Street, in order to provide for the major population of South King County and Federal Way; second by Deputy Mayor Gates. FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 8 Discussion: Councilmember Stead expressed his concern about adopting a resolution not previously listed on the agenda, and feels a letter should be drafted immediately and sent to METRO in lieu of a resolution. Councilmember Handmacher explained the issue will probably go to a full vote within the next one to two weeks, and feels the City must forward its request to the sub-committee immediately. Deputy Mayor Gates said she is concerned a letter will only fall on deaf ears, and feels a strongly stated resolution would be more effective. Councilmember Handmacher pointed out the resolution itself is not enough; all Councilmembers need to express their individual feelings to METRO on the issue as well. Mayor Ertel reported Auburn's Mayor Roegner represents the South King County area, but needs additional support from others. Councilmember Stead said he understands the necessity of sending a resolution or letter, but doesn't agree with the adoption of a resolution under the circumstances. Motion to prepare a Resolution Relating to METRO Recommendations for Rapid Transit and Public Transportation Alternatives (Resolution No. 9l-50) passed as follows: Handmacher Gates Marks Webster yes yes no yes Templeton Ertel Stead yes yes no Councilmember Templeton reported the Parks Committee will discuss senior center interest at tomorrow's meeting. He recently saw Ollie Moore, who sent a "hello" to Council and Staff. Deputy Mayor Gates reported the next meeting of the Administration/Public Services Committee will be Friday; agenda being criminal code, massage ordinance and update on the comp benefits study. She also reported on the teen program being sponsored by the YMCA; the center should commence operation in March. Councilmembers Marks and Stead had nothing to report on committees at this time. Councilmember Webster congratulated staff on tonight's public hearing presentation. The Parks/Recreation/Human Services committee will meet tomorrow at 7:30 a.m.; FEDERAL WAY CITY COUNCIL MINUTES February 19, 1991 - Page 9 agenda includes health care campus and Arts Commission applicants. He announced he will be out of town next week. Mayor Ertel reported she attended the Regional Governance meeting last week and the County has agreed that cities need a voice and vote on issues. There will be another meeting next Wednesday to again explain the information to be proposed to citizens in approximately late May. XIII. AUDIENCE COMMENT Mariorie Sears, 8l4 South 293rd, Federal Way, requested the City enforce dog leash laws, as there are problems in her neighborhood. Mr. McFall explained the City contracts with King County for enforcement, but will have staff address the issue. It will also be assigned to the Administration/Public Safety Committee for review. Alma Regan, 34436-8th Avenue SW, Federal Way, addressed flooding problems, comparing last November's storm to the recent one. H. David Kaplan, 30240-27th Avenue, Federal Way, reported the community council objected last year to METRO'S recommendations for H.O.V. lanes and mass transit in the South King County area. John Karl, 35620 Pacific Highway South, Federal inquired about increases/decreases in property assessments within the City. Mr. McFall explained County controls the assessments, the City controls its tax levy rate. Way, tax King only XIV. ADJOURN There being no further business to come before the Council, Mayor Ertel adjourned the Regular Session at 8:45 p.m.. h(~~ N. Christine Green Deputy city Clerk