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Council MIN 05-21-1991 Regular FEDERAL WAY CI1Y COUNCIL REGULAR MEEllNG MINUTES May 21, 1991 - 7:00 P.M. City Council Chambers - City Hall I. CALL MEETING TO ORDER Mayor Ertel called the Federal Way City council Regular Meeting to order at the hour of 7:05 p.m., on the 21st day of May, 1991, in council Chambers, city Hall, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE Deputy Mayor Gates led the flag salute. ill. COUNCIL ROLL CALL Council Present: Mayor Debra Ertel, Deputy Mayor Mary Gates and Councilmembers Jim Handmacher, Lynn Templeton, Joel Marks, Bob Stead and Jim Webster. City Staff Present: City Manager J. Brent McFall, city Attorney Sandra Driscoll and Deputy City Clerk Chris Green. IV. AUDIENCE COMMENT Shirley Charnell, 30602 Pacific Highway South K303, Federal Way, thanked the City Council and City Staff for their timely protection of the Denney and Barker cabins for historical purposes. She also thanked the Council for hiring such an excellent City Staff. Terry Gates, 5201 SW 318th ct, Federal Way, requested the Council allow two separate residential dwellings within a single residential area, as he would like to move his mother-in-law into a mobile home on his property. Ted EnticknaD, 36817-12th Ave So, Federal Way, spoke in favor of the proposed designated conunerical vehicle route ordinance and also suggested re-establishment of the old truck weigh station on Pacific Highway. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 2 Kelly Enael, 33325-l0th ct, Federal Way, a spokesman for the West Campus Park Coalition complimented the City Council on their creation of parks within the City, and invited a joint discussion between the Council and the Coalition to help establish additional park areas. Both Councilmember Webster and city Manager McFall invited interested citizens to attend the Parks Task Force meetings, which is currently discussing a final draft parks recommendation. v. CONSENT AGENDA A. B. C. Approval of Minutes Approval of Voucher Approval of King County Police Contract Councilmember Marks pulled Item IB and Councilmember Templeton pulled Item IC for additional information on both items. Councilmember stead moved to approve the minutes; second by Councilmember Marks. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Councilmember Marks inquired about the city's use of the Chevrolet trucks and the difference in the purchase price of the two. Finance Director Moir responded they were purchased for the Parks Department and he would obtain more price information and report back to Council. Motion by Councilmember Stead to approve voucher; second by Deputy Mayor Gates. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes city Manager McFall offered an explanation of the proposed police contract stating this year' s contract was based on a flat rate instead of being based on a percentage of calls, and added the City staff feels the contract transition will be very satisfactory. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 3 Motion by Deputy Mayor Gates to approve the proposed police contract; second by Councilmember Marks. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes VI. RESOLUTIONS (Next Resolution No. 91-60) A. Camous Hiahlands Division #5 Final Plat Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF CAMPUS HIGHLANDS, DESIGNATED AS KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 1186-23, DIVISION NO.5. (city Staff Contact: Margaret Clark) Senior Planner Margaret Clark was introduced and presented the City Staff report to Council. She introduced Ted Whitescarver of Quadrant and Ron Garrow of PEl Garrett Engineers who will also answer Council questions if so requested. Councilmember Handmacher feels the plat review should go to the planning, Public Works & Transportation Committee before being presented to Council of Whole, and suggested it be set over to the next Council meeting to allow time for review by the City Attorney. city Attorney Driscoll explained the Council needs to have all pertinent information prior to imposing conditions on the plat. Following discussion regarding street intersections, Councilmember Handmacher stressed the importance of Council review, especially since the King County Hearing Examiners previously imposed equal conditions at all three intersections in the area. Councilmember Stead inquired if there is a time element involved. Councilmember Handmacher explained the plat was previously given a one-year extension, so there is still adequate time to issue a decision. Motion by Councilmember Handmacher to table the final plat approval until the June 4th Council meeting; second by Councilmember Stead. Motion passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 4 Handmacher yes Templeton yes Gates yes Ertel yes Marks yes Stead yes Webster yes B. Historical Sianificance of Cabins Resolution A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF FEDERAL WAY DECLARING TWO CABINS THE DENNEY CABIN AND THE BARKER CABIN AS HAVING HISTORICAL SIGNIFICANCE. (City Staff Contact: Steve Anderson/Cheri McCabe) Motion by Councilmember Templeton to approve Resolution No. 91-60 "Historical Cabins"; second by Councilmember Handmacher. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Councilmember Templeton thanked citizen shirley Charnell for her involvement in the preservation of the cabins. C. Recycle Grant Resolution 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. (City Staff Contact: Pearl Kronstad) Motion by Councilmember Templeton to approve Resolution No. 91-61 "Recycle Grant"; second by Councilmember Handmacher. Councilmember Handmacher explained the issue has been before the Planning, Public Works & Transportation Committee, which recommends approval. It is hoped that yard waste recycling can be instituted this summer. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 5 VIT. INTRODUCTION ORDINANCES (Next Ordinance No. 91-96) A. Enerav Code Ordinance AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, ADOPTING THE 1991 STATE ENERGY CODE, AND AMENDING ORDINANCE NO. 90-33 TO DELETE SECTION 92 OF SAID ORDINANCE. (City Staff Contact: Bruce Lorentzen) Mayor Ertel introduced the proposed ordinance. Building Official Bruce Lorentzen gave a short City Staff report explaining the amendment only deletes Section 92 of Ordinance No. 90-33 and must be adopted by July 1, 1991, to enforce the new Washington State Energy Code. B. Western Securities Rezone ADDroval Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING AN APPROXIMATELY 14 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF SOUTHWEST 348TH STREET AND 1ST AVENUE SOUTH WITHIN THE CITY OF FEDERAL WAY FROM SINGLE FAMILY RESIDENTIAL (RS 9.6) TO COMMUNITY BUSINESS ZONE (BC), WITH CONDITIONS. (RZ-90-0001). (City Staff Contact: Carolyn Lake) Mayor Ertel introduced the proposed ordinance. ci ty Attorney Sandra Driscoll explained this rezone was approved by the city Council at their last meeting, and this ordinance reflects said approval as part of the settlement agreement; she further explained certain time lines commence with actual approval of the ordinance. Motion by Councilmember Stead to suspend rules and place ordinance for vote at this time; second by Deputy Mayor Gates. Motion passed as follows: Handmacher Gates Marks Webster no yes yes yes Templeton Ertel Stead no no yes counci1member Templeton suggested Council call an executive session, and was advised by city Attorney Driscoll an executive session must only discuss legal issues. Councilmember Templeton withdrew his suggestion. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991- Page 6 Councilmember Handmacher said he feels the Council should have the opportunity to thoroughly review the proposed ordinance prior to a vote, and suggested it be brought back to Council at their June 4th meeting; Councilmember stead concurred he would like more time to review the proposed ordinance. Based on Councilmember Stead's comments and Deputy Mayor Gates' concurrence, Councilmember Webster moved to reconsider the previous motion to suspend rules; second by Councilmember Marks. Motion to reconsider passed as follows: Handmacher yes Templeton yes Gates yes Ertel yes Marks yes Stead yes Webster yes C. Accessorv Hardshio Dwellina units Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) BY ADDING A NEW SECTION 20.11, PERTAINING TO SINGLE-FAMILY RESIDENTIAL DISTRICTS TO ALLOW TEMPORARY ACCESSORY HARDSHIP DWELLING UNITS IN EXCEPTIONAL CIRCUMSTANCES, APPROVED THROUGH PROCESS I, AND BY AMENDING ZONING CODE SECTION 3.10, TO ADD THE DEFINITIONS OF ACCESSORY HARDSHIP DWELLING UNITS AND HARDSHIP. (City Staff Contact: Larry springer) D. Accessory Hardshio Dwellina units Substitute Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) BY ADDING A NEW SECTION 20.11, PERTAINING TO SINGLE-FAMILY RESIDENTIAL DISTRICTS TO ALLOW TEMPORARY ACCESSORY HARDSHIP DWELLING UNITS IN EXCEPTIONAL CIRCUMSTANCES, APPROVED THROUGH PROCESS I, AND BY AMENDING ZONING CODE SECTION 3.10, TO ADD THE DEFINITIONS OF ACCESSORY HARDSHIP DWELLING UNITS AND HARDSHIP, AND RELATIVE. (City Staff Contact: Larry springer) Mayor Ertel introduced the two proposed ordinances. Long Range Plans Manager Larry springer presented the City Staff report to Council. He explained the Council previously established the issue had merit and referred it to the Planning Commission for review and FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 7 recommendation. A question and answer period followed discussinq various issues of the two proposed ordinances. Councilmember Handmacher said the issue has also been discussed by the Planning, Public Works & Transportation Committee. E. Desianated Vehicle Route Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, WHICH RESTRICTS ALL VEHICLES RATED IN EXCESS OF 30,000 POUNDS GROSS WEIGHT TO DESIGNATED VEHICLE ROUTES EXCEPT FOR LOCAL DELIVERIES AND PROVIDES AUTHORITY TO THE PUBLIC WORKS DIRECTOR TO RESTRICT VEHICLES MAKING LOCAL DELIVERIES NUMBERING TEN OR MORE TRIPS PER DAY UNDER CERTAIN CIRCUMSTANCES TO DESIGNATED ROUTES. (City Staff Contact: Tim Miller/Carolyn Lake) Mayor Ertel introduced the proposed ordinance. Councilmember Marks inquired as to the enforcement of the ordinance; City Manager McFall explained the Police Department acts as the enforcement agency. Councilmember Webster also inquired about the city's ability to close roadways during severe weather conditions, in order to avoid surface damage. Councilmember Handmacher concurred and suggested the Public Works Department be given the necessary flexibility if such problems arise in the future. Councilmember Stead feels the ordinance should go to committee prior to a Council of Whole vote. F. 16th Avenue South Condemnation Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY AND/OR CERTAIN EASEMENTS OVER, ALONG, UNDER AND ACROSS CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS ALONG A PORTION OF 16TH AVENUE SOUTH, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS FOR WITHIN THE CITY OF FEDERAL WAY, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND OR OTHER PROPERTY NECESSARY THEREFORE; DIRECTING THE ATTORNEY FOR THE CITY TO PROSECUTE THE APPROPRIATE ACTION AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATIONS. (City Staff Contact: Carolyn Lake) Mayor Ertel introduced the proposed ordinance and asked if rules should be suspended. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 8 Motion by Councilmember Handmacher to suspend rules and place on the agenda for a final Council vote at this time; second by Councilmember Stead. Motion to suspend rules passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Motion by Councilmember Marks to approve Ordinance No. 91-96 "16th Avenue South Condemnation"; second by Councilmember Stead. Motion passed as follows: Handmacher yes Templeton yes Gates yes Ertel yes Marks yes Stead yes Webster yes G. Amendment to Gamblina Tax Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY RELATING TO GAMBLING TAX AMENDING THE DUE DATE AND THE PENALTY SCHEDULE OF THE TAX. (AMENDS ORDINANCE 90-15) (City Staff Contact: Dick scott/Carolyn Lake) Mayor Ertel introduced the proposed ordinance. Deputy Mayor Gates advised the proposal has been previously reviewed by the Administration & Public Safety Committee. H. parkina Reaulations for Residential Zones Ordinance Commercial Vehicles in AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING PARKING REQUIREMENTS FOR COMMERCIAL VEHICLES IN RESIDENTIAL AREAS ZONED SE, RS AND RM. (City Staff Contact: Carolyn Lake/Martin Nordby) Mayor Ertel introduced the proposed ordinance. Deputy Mayor Gates advised this proposed ordinance has also been reviewed by the Administration & Public Safety Committee. City Attorney Driscoll further advised the criminal and traffic codes did not include the necessary requirements for enforcement of such offenses, and suggested a suspension of the rules be considered at this time. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 9 Motion by Deputy Mayor Gates to suspend rules and place the proposed ordinance for an immediate vote; second by Councilmember Stead. Motion to suspend rules passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Motion by Deputy Mayor Gates to approve Ordinance No. 91- 97 "Parking Regulations for Commercial Vehicles"; second by Councilmember Marks. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes VIII . COUNCIL BUSINESS A. Intergovernmental Coop Agreement/Lands Agent's Services (City Staff Contact: Jennifer Schroder) City Manager McFall introduced Parks Superintendent Jenny Schroder who presented the City Staff report. Motion by Councilmember Stead to authorize City Manager to sign the agreement; second by Councilmember Webster. Discussion: Councilmember Stead questioned the blank dollar amount shown on Exhibit "A"; Assistant city Attorney Carolyn Lake explained it will reflect the actual clerical costs and fringe benefits for staff support time. City Manager McFall advised he will complete the monetary blank prior to signing the agreement, as well as advising Council of the amount. Deputy Mayor Gates expressed her concern about the prior delays of projects by the State, i.e., the Hylebos area, and refuses to allow the State more than one year to complete any project. Councilmember Stead pointed out that paragraph 4 of the agreement allows the City to terminate the agreement upon thirty day written notice. Ms. Schroder advised she will work very closely with the State on the project and keep the Council updated with progress reports. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 10 B. Motion to authorize City Manager to sign the Inter- governmental Coop Agreement passed as follows: Handmacher Gates Marks Webster Templeton Ertel Stead yes yes yes yes yes yes yes ci ty Manager McFall commended Jenny Schroder on her excellent work with respect to grants and other park issues. Discussion of Procedures for Appointing Commission Replacement (City Staff Contact: Larry Springer) Long Range Plans Manager Larry Springer explained the necessity for naming a replacement for Chuck Hindman as a member of the Planning Commission, and recommended the appointment of Bob Griebenow (who was previously appointed to the Commission, but resigned when he was transferred out of the area), since it would eliminate the necessity to readvertise for the position. Councilmember Handmacher added he further feels Mr. Griebenow's appointment would be valuable since he has already completed prior training sessions with the Commission and is familiar with processes. Planning Motion by Councilmember Handmacher to appoint Bob Griebenow as a replacement for Chuck Hindman on the Planning Commission; second by Councilmember Stead. Motion passed as follows: Handmacher Gates Marks Webster Templeton Ertel Stead yes yes yes yes yes yes yes C. Undergrounding Discussion/16th Avenue South (City Staff Contact: Philip Keightley/Carolyn Lake) Public Works Director Philip Keightley presented the City staff report. He explained the City needs to acquire the right-of-way prior to June 1, 1991, in order to receive state and Federal funding. Councilmember Handmacher reported the Planning, Public Works & Transportation Commi ttee reviewed and recommended the issue be presented to the Council of Whole since it is a cost vs. benefit decision. Deputy Mayor Gates commented she does not want FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 11 this project to set a precedence for waiving the earlier ordinance, but feels it is a necessity at this time; Councilmember stead concurred. Motion by Councilmember Handmacher to authorize the Public Works Director to waive conditions of Ordinance No. 91-90 and proceed with the necessary requirements to obtain available funding; second by Councilmember Stead. Motion passed as follows: Handmacher Gates Marks Webster yes yes yes yes Templeton Ertel Stead yes yes yes Councilmember Marks announced he is calling for the repeal of Ordinance No. 91-90 "Underground Facilities". Councilmember Stead inquired about the proper handling of a repeal request; City Attorney Driscoll explained a Councilmember may bring the issue before Council of the Whole to open up discussion. Mayor Ertel requested Councilmember Marks present his repeal issue during Council Reports; he concurred. D. Open Space Acquisition Project: Camelot Park Addition (City Staff Contact: Jennifer Schroder) Parks superintendent Jenny Schroder reported on the funding and answered questions by Councilmembers. She explained options would expire within ninety days, so a timely decision is necessary. There were questions regarding the funding, maintenance and liability of the park since the area is actually outside city limits, as well as questions about King County options available. Mayor Ertel asked if the project must be approved at this time; Councilmember stead responded the Council has until approximately June 19, 1991, to make a decision, so it could be set over to the June 4th regular meeting. Councilmember Webster said there may also be a special Parks Committee meeting to review the issue. The Council requested more complete information from City Staff, especially with respect to questions raised about budget and liability issues. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 12 IX. CITY MANAGER REPORT City Manager McFall reported on an earlier Council inquiry regarding the purchase of the two Chevrolet trucks for the Parks Department. The costs reflect different costs due to the fact that the sales tax was already paid on one vehicle, but will be paid at a later date on the second. Mr. McFall also gave an updated progress report regarding construction of the new postal facility He reported structural changes have already been made in order to comply with building and fire codes, and advised that Federal Officials are working closely with the city. They are also working with the ci ty on a retention system, and will work on traffic access issues as necessary. He reported the Administration & Public Safety Committee is continuing to work on Council Rules and Procedures, so next week's Council study Session can be canceled. Mr. McFall requested the Council call an executive session prior to adjournment, for the purpose of discussing property acquisition. x. COUNCIL REPORTS Councilmember Handmacher requested May 28th be set aside for the next meeting of the Planning, Public Works & Transportation Committee since the Council Study Session is canceled. Councilmember Templeton had no report at this time. Deputy Mayor Gates reported the Administration & Public Safety Committee is continuing to review Council Rules and Procedures, as well as the city Manager evaluation process. The next meeting will be held June 4th at 7:00 a.m.. Councilmember Webster announced the next meeting of the Parks, Recreation & Human Services Committee will be June 5th at 7: 30 a.m.; they have not set an agenda yet. Councilmember Templeton reported they are continuing to work on the Street Tree Ordinance, Twin Lakes Open Space/Comp Plan/EIS and will be meeting with Mr. Stevens. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 13 Motion by Councilmember Marks to repeal Ordinance No. 91- 90 "Underground Facilities" by calling for introduction reading at this time; second by Councilmember Templeton. Discussion: Councilmember Handmacher suggested the repeal be referred to committee prior to first and second readings. Councilmember stead further suggested the Council establish tonight as a first reading, if acceptable, and place on the agenda for second reading at the next regular meeting. Councilmember Handmacher said he doesn't feel the June 4th meeting will allow sufficient time to review the issue. Councilmember Marks withdrew his earlier motion to place the repeal ordinance for first reading at this time, and agreed to reschedule the introduction reading following review by the committee; Councilmember Templeton concurred and withdrew his second. Councilmember Templeton thanked Councilmember Stead, in advance, for representing him at tomorrow's Human Services Round Table. He also inquired about the jail contract; Mr. McFall reported he will be furnishing information to the Council tomorrow, and will be meeting with jail officials next week to work out existing problems. Councilmember Templeton asked if the new Parks Department signs are being constructed for the old City Hall property; he also mentioned he had received citizen inquiries regarding a possible auto salvage yard being operated across from the Continuation High School facility. City Attorney Driscoll reported on the construction of the signs, and City Manager McFall said he would have City Staff look into the reported salvage yard operation. Mayor Ertel reported receipt of a letter from county Executive Tim Hill thanking the City Council for allowing a representative of the jail planning committee to speak at a recent study session. XI. AUDIENCE COMMENT There was no additional audience comment. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES May 21, 1991 - Page 14 XII. EXECUTIVE SESSION Mayor Ertel announced a recess of the regular meeting at the hour of 9:10 p.m., and called for a thirty minute executive session to discuss property acquisition, pursuant to RCW 42.30.ll0(b). At 9:40 p.m., Assistant City Manager steve Anderson reported the Council had requested an addi tional fifteen minutes in executive session. Mayor Ertel announced the executive session adjourned at 9:50 p.m., and reconvened the regular session. XIII . 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 9:50 p.m.. ¿, /~~ -t;,~ N. Chr1st1ne Green Deputy City Clerk