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Council MIN 11-10-1992 Regular Federal Way City Council Council Chambers - City Hall Special Meeting November 10, 1992 - 7:00 P.M. (Rescheduled Navemhor 3rd Regular Meeting) MINUTES I. CALL MEETING TO ORDER Mayor Stead opened the special meeting of the Federal Way City Council at the hour of 7:05 p.m., in Council Chambers, City Hall, Federal Way, Washington. Councilmembers Present: Mayor Bob Stead, Deputy Mayor Joel Marks, Councilmembers Ray Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton, Skip Priest. City Staff Present: City Manager 1. Brent McFall, City Attorney Carolyn Lake, City Clerk Maureen Swaney, Deputy City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Scout Pack #362, led by Scout Master Bruce Honda, presented a short program and led the flag salute. III. PRESENTATIONS a. Scout Pack #362 "Scouting for Food" Proclamation Mayor Stead read and presented the "Scouting for Food" proclamation to Scout Pack #362. b. SPIRIT Award for Month of November City Manager McFall presented this month's award to Administrative Legal Assistant Rose Purcell, in recognition of her excellence in working with the public, City Staff and District Court Staff. Mayor Stead announced the Departments of Community Development and Public Works have commenced extended customer service hours on Tuesday evenings from 5:00-7:00 p.m.. ORIGINAL FEDERAL WAY CITY COUNCIL SPECIAL MEETING MINUTES November 10, 1992 - Page 2 IV. CITIZEN COMMENT Alexandra Eframo, 106 SW 332nd St #1505, Federal Way, spoke in favor of the adoption of a "Just Cause" eviction ordinance in the City of Federal Way. Rick Gardner, 309 SW 321st, Federal Way, expressed appreciation to the Public Works Director Phillip Keightley and Surface Water Manager Cary Roe for improvement of flooding problems in certain areas of Federal Way; he also spoke in opposition to Eagle Hardware's request for a sign variance. In response to citizen concerns, Mayor Stead explained the just cause eviction ordinance is currently being reviewed in Council Committee, and reported the Planning Commission will be reviewing the sign code in the near future. V. CONSENT AGENDA e. f. g. Minutes - October 20, 1992 Voucher - November 10, 1992 Accept/File September Financial Report Resolution No. 92-123/Permit Fees Real Property Research Contract Commuter Trip Reduction Interlocal GIS Computer Software & Hardware Purchase a. b. c. d. Councilmember Tomlinson pulled item (b) from the consent agenda for additional information, and Councilmember Templeton pulled item (d) to provide an explanation of changes in the newly proposed substitute resolution. Motion by Councilmember Templeton to approve consent agenda with items (b) and (d) pulled; second by Councilmember Gintz. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Councilmember Tomlinson inquired about several individual voucher items, followed with an explanation by Mr. McFall. Councilmember Tomlinson then moved for approval of item (b) of the consent agenda; second by Deputy Mayor Marks. Motion passed as follows: FEDERAL WAY CITY COUNCIL SPECIAL MEETING MINUTES November 10, 1992 - Page 3 Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Councilmember Templeton gave a brief explanation of the substitute version of the proposed permit fee resolution, under item (d), as provided by City Attorney Lake, which varies from the draft resolution provided in the Council packet. Councilmember Templeton moved for approval of the revised resolution, as amended; second by Councilmember Priest. Motion to approve Resolution No. 92-123 "Pemñt Fees" passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes VI. INTRODUCTION ORDINANCES a. Retirement System Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SOCIAL SECURITY, AMENDING THE CITY OF FEDERAL WAY EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE THAT FORFEITURES FOR NON-VESTED RETIREMENT BALANCES SHALL TAKE PLACE ON THE DATE A PARTICIPANT TERMINATES EMPLOYMENT WITH THE CITY, AND THAT FORFEITURES SHALL BE REALLOCATED AMONG THOSE PARTICIPANTS WHO ARE EMPLOYED BY THE CITY AT THE END OF THE PLAN YEAR, AND DELETING CERTAIN DUPUCATE DEFINITIONS (AMENDING ORDINANCE NOS. 90-74, 91-118 AND 91-119). Mayor Stead presented introduction reading of the ordinance, and Councilmember Priest moved to place the ordinance for enactment at the November 17th regular meeting; second by Deputy Mayor Marks. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes FEDERAL WAY CITY COUNCIL SPECIAL MEETING MINUTES November 10, 1992 - Page 4 b. Animal Control Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING ANIMAL CONTROL REGULATIONS, AMENDING ORDINANCE NO. 90-30, CONTAINING A SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE. Mayor Stead presented introduction reading of the ordinance, and Councilmember Templeton moved to place the ordinance for enactment at the November 17th regular meeting; second by Councilmember Gintz. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes c. Permit Fees, Uniform Plumbing & Mechanical Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 90-33, AMENDING THE 1991 EDITIONS OF THE UNiFORM MECHANICAL CODE, THE UNiFORM PLUMBING CODE, AND ESTABLISHING AN EFFECTIVE DATE. Mayor Stead presented introduction reading of the ordinance, and Councilmember Templeton moved to place the ordinance for enactment at the November 17th regular meeting; second by Councilmember Gintz. Motion passed as follows: S tead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes VII. COUNCIL BUSINESS a. Approval of Written Motion Embodying Council Decision in Gary Hall Appeal No. UPII-92-QO3, Campus Drive Office Building #1 Mayor Stead inquired if he should exit Council Chambers for the vote, as he previously represented Mr. Hall, and was not present when Council heard the appeal on October 20th; City Attorney Lake advised he did not need to leave chambers, as there is no action required, only written affIrmation of the Council's decision on October 20, 1992. FEDERAL WAY CITY COUNCIL SPECIAL MEETING MINUTES November 10, 1992 - Page 5 Motion by Councilmember Templeton to adopt the Council's earlier motion denying the appeal of Gary Hall under UPII-92-QOO3, Campus Drive Office Building #1, attached hereto as Exhibit " A"; second by Council member Priest. Motion passed as follows: Stead Tomlinson Gintz Priest abstained yes yes yes Marks Gates Templeton yes yes yes b. Naming of Parks Parks Director Joe Stevens introduced Shirley Charnell, who served on the sub-committee of the Parks Commission, which evaluated all entries of the "Practically a Park" contest. She gave a brief background of the names recommended by the Commission, those being "Celebration Park" for the City CenterlEvergreen Airstrip property and "French Lake Park" for the Golfun property, and answered Council questions. Motion by Councilmember Gates to approve the Commission's recommendation for naming for both parks; second by Councilmember Templeton. Following Council discussion, the motion to select the names of "Celebration Park" and "French Lake Park" passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes c. Parklane Venture Request for Comprehensive Plan Amendment Councilmember Templeton reported the request has been reviewed by the Land Use Committee, however, due to the fact that the entire comprehensive plan is being rewritten, the committee accepted staff s recommendation to deny same. Motion by Councilmember Templeton to approve staff recommendation that Parkland Venture's request for comprehensive plan amendment be denied without prejudice; second by Councilmember Gintz. Motion to deny passed as follows: S tead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes FEDERAL WAY CITY COUNCIL SPECIAL MEETING MINUTES November 10, 1992 - Page 6 d. Eagle Hardware & Garden Sign Code Request Citizen Comment: Brant CoIDnton, 3614-6th Ave ~o, Seattle, WA, 98134, presented Eagle Hardware's request for a sign variance, and answered Councilmembers' questions. Code Compliance Officer Martin Nordby presented staff recommendations to Council and answered a variety of questions directed to him by Council. Motion by Councilmember Templeton to uphold the Hearing Examiner's decision to deny the request; second by Deputy Mayor Marks. Following additional discussion between Councilmembers, City Staff and Mr. Compton, Councilmember Tomlinson called for the question; second by Deputy Mayor Marks; call for vote was approved as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Main motion by Councilmember Templeton to uphold the decision of the Hearing Examiner, to deny Eagle Hardware's request for sign code variance, failed as follows: Stead Tomlinson Gintz Priest yes no no no Marks Gates Templeton no yes yes Additional motion by Councilmember Tomlinson to accept City Staff's recommendation to allow additional signs, as outlined in Mr. Nordby's memorandum dated November 4, 1992, attached hereto as Exhibit "B"; second by Deputy Mayor Marks. Following additional discussion by Council, the motion to accept staff recommendation to allow additional signs passed as follows: S tead Tomlinson Gintz Priest no yes yes yes Marks Gates Templeton yes no no FEDERAL WAY CITY COUNCIL SPECIAL MEETING MINUTES November 10, 1992 - Page 7 VIII. CITY MANAGER REPORT Mr. McFall gave a progress report on the third runway issue. He reported he is in the process of preparing a summary statement on the 1993 budget and expects to have it available late in the week; the public hearing on the budget is scheduled for November 17th, with the budget approval set for December 1st. The budget and property tax ordinances will be presented for introduction reading at the November 17th regular meeting, with adoption on December 1st. IX. CITY COUNCIL REPORTS Councilmember Priest gave an update on issues currently being discussed by the Puget Sound Regional Council. Councilmember Templeton reported he will be out of town until November 15th. Councilmember Gintz reported on recent agendas of the Public Safety Committee; he suggested letters of appreciation be forwarded to police officers working with citizens in dealing with neighborhood concerns. Councilmember Tomlinson announced the next meeting of the Administration Committee will be November 18th at 9:00 a.m.; Councilmember Templeton requested the meeting be convened at 8:00 a.m. due to a conflict with his schedule--meeting changed to 8:00 a.m. on the 18th. Councilmember Gates reported on current issues, Le.. Intermodal Surface Transportation Efficiency Act of 1991, Third Runway, Metro Merger, Water Caucus. She also reminded those present of the upcoming Regional Transit System Open House and Public Hearing being held in Council Chambers on November 19th--the open house will be held from 4:00-7:00 p.m., and the public hearing from 7:00-9:00 p.m.. Mayor Stead reminded all Councilmembers of the annual television Christmas greeting being taped on Friday at 7:30 a.m.. x. ADJOURNMENT There being no further business to come before the Council, Mayor Stead adjourned the regular -"" of tho FoJonJ W., City ~ boou 0(9,10 P.~.. C N. i!~L( ~~ Deputy City Clerk MOTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ON THE APPEAL TO THE COUNCIL IN THE MATTER OF R. GARY HALL NO. UPII-92-0003, CAMPUS DRIVE OFFICE BUILDING #1 WHEREAS, a Variance Application was filed with the City of Federal Way in May, 1992, in the Matter of R. Gary Hall; and WHEREAS, a hearing was held on the Request for Variance before the Hearing Examiner on August 11, 1992; and WHEREAS, the Hearing Examiner issued a Decision on the appeal on August 24, 1992; and WHEREAS, the Applicant sought Reconsideration of the Decision; and WHEREAS, the Hearing Examiner issued Reconsideration on September 16, 1992; and his Decision on WHEREAS, the Applicant appealed the Decision of the Hearing Examiner to the city council; and WHEREAS, pursuant to the Federal Way code, such appeal was heard by the City Council on October 20, 1992; and WHEREAS, the city Council duly considered the entire record, all arguments, written and oral, on appeal, excluding any new evidence submitted at the time of the appeal; including, but not limited to, a letter dated May 8,1992, submitted by the Applicant; NOW, THEREFORE, The City Council of the City of Federal Way moves, by a majority vote of those present: Section 1. The Federal Way city Council adopts the Findings and Conclusions in the Decision on Request for Reconsideration and the Final Decision of the Hearing Examiner in the Case of the Matter of the Application of R. Gary Hall for Variance Request pertaining to That Tract of Land Known as Campus Drive Office Building #1. section 2. The Federal way City Council finds that the Applicant has not met the burden of showing that the Decision of the Hearing Examiner was arbitrary and capricious as a matter of fact, or contrary to law. section 3. The Hearing Examiner's Decision in the Matter of R. Gary Hall, No. UPII-92-003, campus Drive Office Building #2, is affirmed, and the appeal is denied. Dated this //+4 day of /I/o tj -e. VII ~ , 1992. la\kathleer\document\hallmot.cc EXHIBIT :11..- ORIGINAL MEMORANDUM city of Federal Way Date: November 4, 1992 From: Mayor and City council Martin Nordb~e Compliance Officer To: Re: Eagle Hardware Sign Code Request Summary BACKGROUND Eagle Hardware and Garden applied for signs for their new facility located at 35205 16th Avenue South. The signs proposed in their initial sign permit application exceeded the square footage allowed by the Zoning Code. Eagle wanted larger signs because they better conformed to their corporate sign policy. The Zoning Code permits 119 square feet for the proposed use (bulk retail) in the Manufacturing Park zone under sign category "D". Eagle proposed 378 square feet of signs. Under the provisions of section 95.70 of the Federal Way Zoning Code (FWZC), Eagle Hardware requested an exception to allow additional sign area above that allowed by Code. section 95.70 (FWZC) establishes the criteria and process for all requests for additional sign area. Process III review is required. A staff report was prepared recommending an increase to 211 square feet of sign area, equal to what is allowed in sign category "E" for the same use. September 8,1992 a hearing was held before the Federal Way Hearing Examiner. The Hearing Examiner denied both Eagle ~ardware's request and the staff recommendation. Since the Hearing Examiner made his recommendation Eagle Hardware has downsized their proposal bringing it within the square footage recommended in the staff report. REASON FOR COUNCIL ACTION The reason this matter comes before Council is that the Hearing Examiner may only render a recommendation in a Process III review. The final decision for all such requests rests with Council. Bringing the matter before the City Council Land Use Committee for review and comment was consistent with how land use matters are currently processed by the City. The City Council Land Use Committee considered the matter and decided to forward t:,e Hearing Examiner recommendation on to the full Council without recommendation. EXHIBIT .8-.. Page 2 November 4, 1992 Summary Memo-Eagle Hardware Sign Request EAGLE HARDWARE PROPOSAL Eagle Hardware and Garden proposed four wall mounted signs totaling 378 square feet. Three of these signs have been downsized to fall within the allowed maximum sign area and have been permitted, approved and installed. STAFF RECOMMENDATION Allow 211 square feet of sign area. Eagle Hardware and Garden's application constitutes an exception allowed under Federal Way Zoning Code section 95.70. The Eagle Hardware and Garden facility is across 16th Avenue South from the (BC) Community Business zone. 211 square feet is equal to the amount allowed in the next higher sign category, "E", for the same use in the adjacent zone, BC - Community Business Zone. The development housing Costco and G.I. Joes across 16th Avenue South from Eagle Hardware and Garden is zonea BC. HEARING EXAMINER'S RECOMMENDATION Recommendation of denial. The Hearing Examiner ruled Eagle Hardware's request does not meet the criteria set forth in section 95.70 of the Federal Way Zoning Code. COUNCIL OPTIONS FOR ACTION 1) Affirm the hearing examiner's recommendation and deny Eagle Hardware and Garden's request for additional sign area; 2) Affirm the staff recommendation allowing additional sign area, a total of 211 square feet, the same as would be allowed by category "E". In addition to the increased sign area, this recommendation includes a condition requiring full compliance with the sign code as it may exist on March 1, 1995, (NOTE-the condition for full compliance has been changed from the staff report to be more consistent with FWZC) and posting of a bond ~qual to an amount sufficient to ensure compliance; 3) Affirm a modified increase in sign area for an amount different than recommended and/or add or delete conditions. The attachment to this memo is copied from the applicable sections of the Federal Way Zoning Code and is provided for Council reference. FWZC 95.70 Exceptions for Necessarv Identification In Limited and Unusual Circumstances. Policv statement - It is the specific policy of the City that all signs erected, moved or altered after the effective date of this Code comply with the provisions of this Chapter. However, as many of the commercial areas of the City have developed with signs which are of a type and size prohibited by this Chapter, there may be a need, in limited and unusual circumstances, for signs to be erected, moved or altered that do not comply with the requirements of this Chapter in order to provide the business or use with which the sign is associated with reasonable identification. It is further the expressed policy of the city that the provisions of this Section only be used where compliance with this Chapter would do irreparable and unreasonable harm to a business or use. First criteria - 95.70.4a - The proliferation of pre-existing signs in the area of the subject property which do not conform to this Chapter is such that signs consistent with this Chapter would not be reasonably visible to potential patrons or users, considering such factors as the topography of the area and the posted speed limits of and volume~ on the street or streets providing direct vehicle access to the subject property. Second criteria - 95.70.4b - A sign package consistent with the provisions of this Chapter would not provide the l1se or business with effective signs. Third criteria - 95.70.4c - The type, number and size of signs requested is the minimum pecessary to provide the use or business effective signs.