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Council MIN 07-02-1991 Regular I. II. ill. IV. A. ~. FEDERAL WAY CITY COUNCIL REGULAR MEE11NG July 2, 1991 - 7:00 P.M. city council Chambers - City Hall * * * * * * * * * * 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 2nd day of July, 1991, in Council Chambers, City Hall, Federal Way, Washington. PLEDGE OF ALLEGIANCE Councilmember Handmacher led the flag salute. COUNCIL ROLL CALL Council Present: Mayor Debra Ertel, Deputy Mayor Mary Gates and Councilmembers Jim Handmacher, Joel Marks, Bob Stead and Jim Webster. Excused Absence: injury. Councilmember Lynn Templeton due to an City Staff Present: Assistant City Manager Steve Anderson, City Attorney Sandra Driscoll, City Clerk Maureen Swaney and Deputy City Clerk Chris Green. SPECIAL PRESENT A TIONS/PROCLAMA TIONS Police Officers of the Year Awards/Honorees: DARE Officers Michael Butschli & Douglas Macdonald (Special Presentation/Police Chief Bob Evans) (Proclamation Presentation/Mayor Debra Ertel) Mayor Ertel read and presented the City's proclamation to both officers. Following introductions, Police Chief Bob Evans explained the selection process and gave a brief background on the officers; he then introduced King County Sheriff James Montgomery who read and presented department award plaques. Mayor Ertel expressed her gratitude for the excellent police service afforded the city. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 2, 1991 - Page 2 B. "Family Fest" Proclamation/Acceptance by Mary Ehlis (Proclamation Presentation/Mayor Debra Ertel) Mayor Ertel read and presented the city's proclamation to Family Fest Chairperson Mary Ehlis, who, in turn introduced those of her committee in attendance. v. AUDIENCE COMMENT Jim Krueaer, 87l2-5lst st W, Tacoma, WA 98467, representing the developer for Lakota Trails announced he would like to wait and speak during the plat discussion. H. David KaDlan, 30240-27th Ave So, Federal Way, on behalf of the Federal Way Community Council, invited the city Council and Staff to their annual potluck picnic on August 16th at Dash Point's Camp Kilworth. VI. CONSENT AGENDA A. B. C. Approval of Minutes/June 18, 1991 Approval of Voucher Appointments to the Ethics Board Assistant City Manager Steve Anderson requested Item #C be pulled from the consent agenda. Motion by councilmember Handmacher to approve consent agenda with the deletion of Item #C and the earlier amendment to the minutes; second by Councilmember Stead. The motion passed as follows: Handmacher Ertel Stead Templeton yes Gates yes Marks yes Webster excused absence yes yes yes VII. ENACTMENT ORDINANCE (Next Ord No. 91-104) A. Amendment to Underground Facilities Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO UTILITY UNDERGROUNDING, AMENDING ORDINANCE NO. 91-90, TO DELETE THE REQUIREMENT OF UNDERGROUND CONVERSION FOR EXISTING UTILITIES, AND FOR RELOCATIONS, REPLACEMENTS OR UPGRADES THERETO. (City Council Contact: Councilmember Joel Marks) FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 2, 1991 - Page 3 Motion by Councilmember Marks to approve the amendment to Ordinance No. 91-90; second by Councilmember Stead for discussion purposes. Discussion: Councilmember Marks said he is opposed to all undergrounding except new construction as he feels it will be costly for property owners; he is opposed to using transportation fund monies for such construction. Councilmember Stead said he will vote against the amendment since the present ordinance allows for project waivers when necessary, and future undergrounding will be beneficial to the city. Mayor Ertel explained the Council considered this issue at length and allowed public comment sessions prior adoption of the original ordinance. Deputy Mayor Gates said she would vote against the proposed amendment due to logical inconsistencies. The motion to amend Ordinance No. 91-90 "Underground Facilities" failed as follows: Handmacher Ertel Stead Templeton no Gates no Marks no Webster excused absence no yes no VITI. COUNCIL BUSINESS (Next Res No. 91-65) A. Lakota Trails Preliminary Plat Extension/Final Plat (City Staff Contact: Margaret Clark) 1. Discussion 2. Resolution Senior Planner Margaret Clark presented the City Staff report. Mayor Ertel invited the developer to come forward and answer Council questions. Jim Krueger, attorney for Northwest Heritage Group spoke on behalf of the developer, and advised the Council that Vice- President Jim Adams is present to answer any questions. Mr. Krueger explained they already have final plat approval on Phase I of the development and must now satisfy city Council and Staff interpretation of the conditions attached to final plat approval of Phase II. He explained they have no problem with l5-foot native growth requirements for buffering, but would like assurance it will not affect the current 5-foot building lot setbacks. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 2, 1991 - Page 4 Councilmembers had questions reqardinq the interpretation of County and City calculations for open space affectinq both phases of the plat, as well as requirements for the dedication of wetlands and native qrowth. City Attorney Driscoll requested the Council take a 20- minute executive session to discuss potentiallitiqation pursuant to RCW 42.30.110(i). Motion by Councilmember Marks to convene a 20-minute executive session; second by Councilmember Handmacher. Motion passed as follows: Handmacher Ertel Stead Templeton yes Gates yes Marks yes Webster excused absence yes yes yes EXECUTIVE SESSION Mayor Ertel recessed the reqular meetinq at 8:00 p.m. for the purpose of callinq an executive session to discuss potential litiqation pursuant to RCW 42.30.110(i); she announced the Council would return at 8:20 p.m.. Mayor Ertel announced the executive session adjourned at 8:10 p.m., and the Council would recess until 8:20 p.m.. Mayor Ertel reconvened the reqular meetinq at the hour of 8:20 p.m., and announced the Council discussed Lakota Trails Phase II final plat approval durinq the executive session. COUNCIL BUSINESS (Continued) Motion by Councilmember Handmacher to approve Resolution No. 91-65 "Final Plat Approval of Lakota Trails Phase II" with two (2) additional conditions: (1) the fence alonq 320th be replaced by a 15-foot native qrowth protection easement; and (2) the developer be required to provide usable open space, or a fee in lieu of open space, for Phase II, in the amount of .33 acres; second by Councilmember Stead. Discussion: Councilmember Handmacher explained the City Council is leqally constrained in what it can do in terms of mitiqatinq plats inherited from Kinq County. The amount of open space the Council can require is strictly controlled for Phase II, and he feels the opinion of the FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 2, 1991 - Page 5 City's legal counsel should be followed. He further commented that the Council is dedicated to ensuring adequate open space for future projects and intends to make sure Federal Way rules are strictly followed whenever possible. Motion to approve Resolution No. 91-65 "Lakota Trails Phase II Final Plat Approval", with above listed two additional conditions, passed as follows: Handmacher Ertel Stead Templeton yes Gates yes Marks yes Webster excused absence yes yes yes B. Les Schwab Tire Center Merit Decision (City Staff Contact: Greg Moore) Long Range Planning Manager Larry Springer presented the City Staff report to Council and reported the tire center owner has subsequently selected another location for the proposed future site. Motion by Councilmember Handmacher to deny tire stores in zones other than BC; second by Councilmember Stead. Discussion: Councilmember Handmacher explained that during earlier deliberation and decision-making by the Council, it was felt tire centers were inappropriate for zones other than BC, since such centers are intended for use by the entire community, not for local neighborhoods. Councilmember Stead said it is his understanding the owner has acquired another parcel of property upon which he plans to construct the proposed tire business. Councilmember Marks felt that BN zoning with conditions would be appropriate for tire stores in local neighborhoods, in addition to BC designations. Motion to deny passed as follows: Handmacher Ertel Stead Templeton yes Gates yes Marks yes Webster excused absence yes no yes C. Golfun Progress Report (City Staff Contact: Larry Springer; and presentation by Consultant Tom Beckwith) FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 2, 1991 - Page 6 Mr. Springer introduced Consultant Tom Beckwith, who presented alternative plans for utilization of the Golfun property. The Council offered suggestions and addressed concerns regarding ingress and egress, truck volume, adequate passive and/or active recreational areas, parking, safety and noise of water treatment plant and sensitive areas. Mr. Beckwith reminded those in attendance of the scheduled Golfun open house being held Thursday, July 11th, 6:00-9:00 p.m. at the site. IX. CITY MANAGER REPORT In the absence of Mr. McFall, Assistant city Manager Steve Anderson requested the Council call a 20-minute executive session prior to adjournment of the meeting for the purpose of discussing property acquisition pursuant to RCW 42.30.110(b). He announced there will be a City Council study session on Monday, July 29th, at 7:00 p.m., at which time METRO staff will make a presentation on transit issues. There will not be a meeting on July 30th. x. COUNCIL REPORTS Councilmember Handmacher announced the next meeting of the Planning, Public Works & Transportation Committee will be Monday, July 8th; there will not be another committee meeting until July 31st. He further announced the 6-year transportation plan special session/public hearing needs to be scheduled for July 23rd. The City Council approved a special session for the purposes of holding a public hearing on the 6- year TIP on Tuesday, July 23, 1991, at 7:30 p.m.. Deputy Mayor Gates reported the Administration & Public Safety Co~ittee will meet on July 19th at 7:00 a.m.; agenda will include final review of council rules and benefit study, and a proposed ordinance addressing children left unattended in vehicles. Councilmember Webster announced the Parks, Recreation & Human Services Committee will meet tomorrow at 7:30 a.m.; they will discuss tree city and school district joint use updates. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 2, 1991 - Page 7 XI. AUDIENCE COMMENT Rov Wibera, 31413-41st Ave SW, Federal Way, presented Council with updated information received during recent sessions of the committee on airport noise. Mayor Ertel suggested he contact City staff to schedule the next update report. H. David KaD1an, 30440-27th Ave S, Federal Way, as a member of the parks task force, said he feels the City parks are under-parked and under-fielded, and suggested mixed field parks with lighted areas be established. Dave Crossen, Assistant Fire Chief, expressed concern about delaying a decision on the Go1fun property usage and urged the Council to furnish some direction as soon as possible. XII. EXECUTIVE SESSION To discuss negotiations for property acquisition pursuant to RCW 42.30.110(b). Mayor Ertel recessed the regular meeting at 10:05 p.m., and announced the City Council would convene for a 20- minute executive session to discuss property acquisition, and would return to Council Chambers at 10:25 p.m.. Mayor Ertel announced the executive session adjourned at 10:25 p.m., with no action taken, and reconvened the regular meeting. XII. ADJOURNMENT There being no further business to come before the City Council, Mayor Ertel adjourned the regular meeting of the Federal Way city Council at the hour of 10:25 p.m.. ~,~~ . Chr~st~ne Green Deputy City Clerk