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Council MIN 03-05-1991 Regular FEDERAL WAY CI1Y COUNCIL REGULAR SESSION MINUTES March 5, 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 7:03 p.m., on the 5th day of March, 1991, in Council Chambers, City Hall, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE Councilmember Handmacher led the Council, City Staff and audience in the flag salute. ill. COUNCIL ROLL CALL Council present: Mayor Debra Ertel, Deputy Mayor Mary Gates and Councilmembers Jim Handmacher, Lynn Templeton, Bob Stead and Jim Webster. Excused absence: councilmember Joel Marks. Also present: City Manager J. Brent McFall, City Attorney Sandra Driscoll, City Clerk Maureen Swaney, Deputy City Clerk Chris Green. IV. AUDIENCE COMMENT Nancv Ise, 289l0-12th South, Federal Way, who recently traveled to Russia with an arts group, brought back greetings to the City of Federal Way from officials of Kazan, Russia. She expressed appreciation to the city Council for the formation of the newly established Arts Commission. Rav Schow, 29837-45th Avenue South, Auburn, spoke in opposition to the proposed Criminal Code Ordinance, as he feels police costs will increase; he also opposes "jay walking" penalties in the code. Mr. McFall explained jay walking is not part of the Criminal Code, but rather the Traff ic Code, which is currently under study in the Administration/ Public Safety Council Committee. Deputy Mayor Gates confirmed that issue will be discussed at the next committee meeting. ORIGINAL FEDERAL WAY CITY COUNCIL MINUTES March 5, 1991 - Page 2 v. CONSENT AGENDA A. B. C. D. Approval of Minutes Approval of Voucher Appointments to Arts Commission Growth Management Agreement Counci1member Webster pulled Item #C from the Consent Agenda, as he would like to acknowledge and introduce the new commission members. Deputy Mayor Gates corrected page 8, February 19, 1991 minutes, to reflect the YMCA is sponsoring the Teen Program. Motion by Councilmember Handmacher to approve the Consent Agenda with the noted changes; second by Councilmember stead. Motion passed as follows: Handmacher Gates Stead Marks yes Templeton yes Ertel yes Webster excused absence yes yes yes Mayor Ertel announced that proposed members of the newly formed Arts Commission are in the audience, and asked Councilmember Webster if he would like to introduce them. Motion by Councilmember Webster to approve the appointments of the following persons and terms of off ice to the City's Arts commission, and asked those present to stand and be individually acknowledged, to-wit: 1Wœ LENGTH OF TERM/EXPIRATION DATE Mareen Fisher Nancy Ise shirley Mitchell E. Louise Porter Patrick Fullmer Robert Ratcliffe Toska Rodriguez Joan Tabrum Jeanne Burbidge Faye Clerget Nancy Jones One year/January 1, 1992 One year/January 1, 1992 One year/January 1, 1992 One year/January 1, 1992 Two years/January 1, 1993 Two years/January 1, 1993 Two years/January 1, 1993 Two years/January 1, 1993 Three years/January 1, 1994 Three years/January 1, 1994 Three years/January 1, 1994 FEDERAL WAY CITY COUNCIL MINUTES March 5, 1991 - Page 3 Second to the motion by Councilmember Stead. passed as follows: The motion Handmacher Gates Stead Marks yes Templeton yes Ertel yes Webster excused absence yes yes yes VI. RESOLUTIONS A. Investment Authorization (Resolution No. 91-51) 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. Finance Director John Moir presented an explanation to the proposed resolution, and answered questions directed by Councilmembers Stead, Handmacher and Webster. Motion by Councilmember Stead to approve Resolution No. 91-51; second by Deputy Mayor Gates. Motion passed as follows: Handmacher yes Templeton yes Gates yes Ertel yes Stead yes Webster yes Marks excused absence B. Hampstead Green #1 Final Plat (Resolution No. 91-52) A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF HAMPSTEAD GREEN #1, DESIGNATED AS KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 786-22. Senior Planner Stephen Clifton presented City Staff's recommendation to assist the Council in their review of Conditions 9(b) and 9(c), as set forth in his memorandum dated February 27, 1991. He also provided overhead visual maps of the subject area while responding to questions by several Councilmembers. Mr. Clifton explained the dedication of Tracts A and B to either the City or the homeowners' association is for use as recreation, wetland preservation and open space; he said the City of Federal Way, not King County, would act as the lead agency. Under Condition 11, Mr. Clifton said a fee in lieu of was previously paid to King County, but he FEDERAL WAY CITY COUNCIL MINUTES March 5, 1991 - Page 4 doesn't know the specific amount. Mr. McFall explained that fee will be retrieved from the County in due process. Mr. Clifton also answered questions regarding swales and biofiltration, and explained there will be water/oil separators installed to filter run-off from streets, roofs, etc.. He further explained the developer is required to furnish a performance bond during construction and a maintenance bond for an additional two-year period. In response to Councilmember Handmacher's question regarding ownership of Tracts A and B, City Attorney Sandra Driscoll advised the Council has the option of placing the maintenance responsibility with either the homeowners' association or the city. Mr. McFall noted Acting Public Works Director Ken Nyberg stated City Staff would prefer having full control of both tracts, in order to guarantee they are properly maintained in the future, as opposed to having the homeowners' association maintain them. Mr. McFall said under provision (a) of the hearing examiner's decision, Tract A could be dedicated to the City of Federal Way. Motion by Councilmember Handmacher to approve Resolution No. 91-52 "Hampstead Green #1 Final Plat", with the additional condition that Tracts A and B shall be dedicated to the City of Federal Way; second by Councilmember Templeton. The motion passed as follows: Handmacher yes Templeton yes Gates yes Ertel yes Stead yes Webster yes Marks excused absence VII. PUBUC HEARING Underground Ordinance (Hearing/Introduction) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, REGULATING FOR THE GENERAL WELFARE THE CONSTRUCTION OF NEW AND THE CONVERSION OF EXISTING AERIAL ELECTRICAL OR COMMUNICATION FACILITIES UNDERGROUND WITHIN THE CORPORATE LIMITS OF THE CITY i PROVIDING CERTAIN MINIMUM REQUIREMENTS AND PROCEDURES RELATING THERETO; REQUIRING CONNECTIONS AND DISCONNECTIONS OF SERVICE AFFECTED THEREBY AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. FEDERAL WAY CITY COUNCIL MINUTES March 5, 1991 - Page 5 Mayor Ertel presented the first reading on the ordinance. Engineer III Pearl Kronstad delivered the City staff presentation on the proposed undergrounding requirements, administration, procedures, enforcement, penalties and costs with the aid of overhead projections, as well as slides of various locations showing existing overhead vs. underground facilities. Mayor Ertel opened public comment at 8:01 p.m. Fred Miller, 10118 Myers Way South, Seattle, Chairman of Research for Overhead Wires in Highline District, supports undergrounding legislation for public health and safety. Glen Hair, 31813-21st Avenue S.W. #25, Federal Way, is a member of puget Power's panel looking at underground facilities; he supports such facilities and reported puget Power has slides and information available to the public. Kathi Willis, 1905 Overview Drive N.E., Tacoma, U. S. West Communications, opposes undergrounding because of cost to citizens; she does support the council and offered her services to the City. H. David Kaolan, 30240-27th Avenue South, Federal Way, cautioned the Council about Mr. Miller's statistics; he feels if undergrounding is done, it would be a good time to put sidewalks in those areas. Tom Manley, 515 South l36th, Seattle, supports underground facilities; he read Senate Bill information. David Harris, 30417-2lst Avenue S.W., Federal Way, opposes undergrounding because of citizen cost; also concerned that landscaping will be disturbed during construction. Kristine Perry, 2235 S.W. 3l3th, Federal Way, is concerned about areas with no sidewalks, sewers, etc.. ci ty Manager McFall explained the proposed ordinance does not envision a general replacement program for all facilities, but only for those existing lines requiring replacement, as well as new construction. FEDERAL WAY CITY COUNCIL MINUTES March 5, 1991 - Page 6 Glen Hair asked for the opportunity to respond to some citizen concerns, i.e., landscaping disturbance and disruption of service; he explained that with new technology, landscaping will not be disturbed, and most service interruptions should be limited to 30 minutes. There being no further comment, Mayor Ertel closed the public hearing at 8:34 p.m.. Councilmember Handmacher reported the Planning/public Works Committee will meet next Monday, March 11th, at 7:00 p.m., and will further discuss the undergrounding issue at that time. VIII . ENACTMENT ORDINANCE criminal Code (Ordinance No. 91-89) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A CRIMINAL CODE AND PROVIDING FOR THE PENALTIES FOR VIOLATION THEREOF. Motion by Councilmember Templeton to approve Criminal Code Ordinance No. 91-89; second by Councilmember Webster. Motion passed as follows: Handmacher Gates Stead Marks yes Templeton yes Ertel yes Webster excused absence yes yes yes IX. CITY MANAGER REPORT Mr. McFall introduced Philip Keightley, the city's recently hired Public Works Director. He reported City Staff has been actively working on renewal of the King County Police contract and is attempting to resol ve issues as soon as possible. x. COUNCIL REPORTS Councilmember Webster reported the Parks/Recreation/ Human Services Council Committee will meet tomorrow morning at 7:30 a.m.; agenda will be Open Space/lAC Grant Application/Comprehensive Plan. He also inquired about a date for the Council Retreat. Mr. McFall said it will probably be scheduled for April or early May--he will provide some alternate dates in the near future. FEDERAL WAY CITY COUNCIL MINUTES March 5, 1991 - Page 7 Councilmember Stead said the F.A.A. has concluded a third runway for SeaTac Airport is not feasible. He will keep the Council updated as problems and solutions are discussed in committee. Deputy Mayor Gates reported this Friday's Administration/Public Safety Council Committee has been canceled and tentatively rescheduled for March 15th; agenda to cover .08 Intoxication Level/Initiative and Referendum Legislation/Classification Study Update (and possibly the Traffic Code). Councilmember Templeton reported there was another terrible automobile accident at 8th Avenue South and Dash Point Road. There have been possibly three fatals at that location in approximately three months. He would like to see something done about that dangerous roadway as soon as possible. Councilmember Handmacher reported the Planning/Public Works/Transportation Council Committee will meet next Monday night at 7:00 p.m.; agenda to include underground facilities. Mayor Ertel reported on discussions at the last Regional Governance summit and distributed agenda information on the upcoming March 13th meeting, which will be the final meeting. There will be a retreat March 22-23. She also reported there is a SCA summit meeting tomorrow night to make some major decisions prior to the retreat. Councilmembers Handmacher and Templeton expressed their concerns about the Regional Governance project, and said they feel it may have been a waste of time for everyone. Mayor Ertel reported she will be attending a mass transit conference in May. Deputy Mayor Gates complimented City Staff on a very successful "1st Birthday" open house last week. Mayor Ertel also thanked everyone for their contributions and said she heard many positive remarks from citizens who toured the City's new facilities. Mr. McFall reported there were approximately 300-400 people in attendance. Councilmember Stead requested tonight's record reflects an excused absence for Councilmember Marks. FEDERAL WAY CITY COUNCIL MINUTES March 5, 1991 - Page 8 XI. AUDIENCE COMMENT XII. ADJOURNMENT No additional public comment. There being no further business to come before the City Council, Mayor Ertel adjourned the Regular Session at the hour of 8:59 p.m.. N Chr1st1ne Green Deputy City Clerk