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Council MIN 02-04-1992 Regular 1. ll. lli. FEDERAL WAY CITY COUNCIL REGULAR MEETING 33530 First Way South Federal Way, Washington February 4, 1992 - 7:00 P.M. MINUTES CALL MEETING TO ORDER Mayor Stead called the Federal Way City Council regular meeting to order at the hour of 7:00 p.m., on the 4th day of February, 1992, in Council Chambers, City Hall, Federal Way, Washington. Council Present: Mayor Robert Stead, Deputy Mayor Joel Marks and Councilmembers Ray Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton and Mahlon Priest. City Staff Present: City Manager J. Brent McFall, Acting City Attorney Carolyn Lake, City Clerk Maureen Swaney and Deputy City Clerk Chris Green. PLEDGE OF ALLEGIANCE Councilmember Templeton led the flag salute. PROCLAMATIONS & PRESENTATIONS a. DECA "Free Enterprise Month" Proclamation (Accepted by Decatur High School Students Raymond Cho & Taek Sung) b. City Council "Resistance Day to Third Runway" Proclamation c. Target Sponsorship Presentation (Federal Way Store Manager Steve Neilson will present $5,000 check to City of Federal Way for Parks 1992 "Puget Sounds" Summer Concert Series) d. NW Coalition Against Malicious Harassment Presentation (By NW Coalition Executive Director Bill Wassmuth) Councilmember Templeton suggested the bigotry issue be further discussed at the next meeting. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING February 4, 1992 - Page 2 IV. CITIZEN COMMENT Sallie Kirsch, 33129-6th Ave SW, Federal Way, representing The Ridge Homeowners Association, spoke in opposition to third runway. Mayor Stead thanked Cub Scout Pack 362 and Leader Su Jordan for attending the meeting. Warren Wooton, 3422 North Puget Sound, Tacoma, spoke in opposition to third runway and four post plan; he thanked the Council for their proclamation. TAmmv Tavares, 344O9-3Oth Ave SW, Federal Way, is opposed to additional air traffic noise caused by third runway; she also spoke in favor of the "Harmful to Minors" bill now in legislature. Pat Knowa, 2891S-6th Ave So, Federal Way, suggested a delay in the recycling program for additional study and review. Llovd Doctor, 5412 Varco Rd NE, Tacoma, spoke in opposition to third runway and four post plan. Oliver Middlebrooks, 4265 SW 337th PI, Federal Way, feels it unnecessary for the City Council to become involved in the library magazine issue. Burlei2:h Cubert, 2406 SW 3l7th St, Federal Way, feels the City should form its own library system rather than remaining with King County. Kurt Moss, 640 So 295th PI, Federal Way, opposes third runway as he feels it affects the quality of life. Bob Vonesh, 5924 Broadview Ave NE, Tacoma, opposes third runway and four post plan; he feels it affects health of citizens and lowers property values. Karen Stivers, 32325-4Oth PI SW, Federal Way, opposes third runway as she feels it reduces property values and affects the quality of life; she is also opposed to additional air noise from McChord AFB. Barbara Gardner, 309 SW 321st, Federal Way, representing Federal Way Community Council, extended an invitation for the Airport Expansion Citizens' Forum to be held February 12th in Council Chambers. She also invited Council, Staff and citizens to the Community Council's 25th anniversary celebration on March 25th at Twin Lakes Country Club. FEDERAL WAY CITY COUNCIL REGULAR MEETING February 4, 1992 - Page 3 v. VI. MDt Scheerer, 293OQ-llst PI So, Federal Way, discussed possible traffic signals at Dash Point Road and llth Pi So and distributed an illustrative map to Council. Peter Townsend, 29508-12th Ave SW, Federal Way, spoke in opposition to third runway and four post plan; feels City should set aside monies from contingency fund to support opposition to airport expansion. Brian Bemecker, 406 SW 3l6th St, Federal Way, is opposed to library displaying Playboy magazine and supports new legislation to protect children from certain reading materials. Mr. and Mrs. RaYmond Holmes, 345m-30th Ave SW, Federal Way, asked Mayor Stead to read their statement in opposition to third runway and four post plan. They are also concerned about additional noise from McChord AFB. CONSENT AGENDA a. b. c. d. Minutes - January 21, 1992 Voucher - February 4, 1992 Proposed Use of 1992 CDBG Funds Ordinances for Enactment (1) Council Bill #1/Appeals Process Amendments/Ordinance No. 92-126 (2) Council Bill #2/ Appeals Process Amendments/Ordinance No. 92-127 (3) Council Bill #3/Establishing Energy Code Grant Program/Ordinance No. 92-128 Motion by Councilmember Templeton to approve consent agenda; second by Deputy Mayor Marks, passed as follows: S tead Marks Gintz Priest Tomlinson Gates Templeton yes yes yes yes yes yes yes RESOLUTIONS a. Parkwood Campus Preliminary Plat Approval A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDmONS THE PRELIMINARY PLAT OF PARKWOOD CAMPUS, KING COUNTY BUILDING AND LAND DEVEWPMENT FILE NO. 1289-24 (FEDERAL WAY FILE NO. ILA-90-0002-SUB). FEDERAL WAY CITY COUNCIL REGULAR MEETING February 4, 1992 - Page 4 Senior Planner Stephen Clifton presented staff report and responded to Council questions. Mayor Stead moved to amend Hearing Examiner recommendation changing conditions to include additional language as recommended by staff in a memorandum dated January 27, 1992, with respect to sight distance at 2nd Ave So and So 308th St; second by Deputy Mayor Marks. Councilmember Gates suggested a friendly amendment to include modification for drainage as well; Mayor Stead and Deputy Mayor Marks concurred. Mayor Stead read a statement, attached hereto as Exhibit" A . , referring to a letter from citizen Brian Bernecker dated January 22, 1992, attached as Exhibit "B". Councilmember Gintz asked if the developer would like to address Council questions. Tom Touma, engineer for developer, told Council the developer wants to work with staff to resolve concerns. Council member Templeton called for the question. Motion to amend resolution to include additional sight distance and drainage conditions passed as follows: Stead Marks Gintz Priest yes yes yes yes Tomlinson Gates Templeton yes yes yes Motion to approve amended Resolution No. 92-93 .Parkwood Campus Preliminary Plat Approval" passed as follows: Stead Marks Gintz Priest yes yes yes yes Tomlinson Gates Templeton yes yes yes b. Setting Public Hearing on Ellenwood Manor Street Vacation A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON, REGARDING VACATION OF A PORTION OF 28TH AVENUE SOUTH, IN THE VICINITY OF MILITARY ROAD SOUTH, NORTH OF SOUTH 282ND STREET, SETTING A PUBUC HEARING FOR THE STREET VACATION. FEDERAL WAY CITY COUNCIL REGULAR MEETING February 4, 1992 - Page 5 Motion by Councilmember Gates to approve Resolution No. 92-94 "Setting Public Hearing on Ellenwood Manor Street Vacation"; second by Deputy Mayor Marks, passed as follows: Stead Marks Gintz Priest yes yes yes yes Tomlinson Gates Templeton yes yes yes Vll. CITY MANAGER REPORT a. Year-End Financial Report City Manager McFall introduced Assistant City Manager and Acting Finance Director Steve Anderson, who presented the year-end financial report assisted by Accounting Manager Dick Scott. The adopted budget will be presented in a couple of weeks, and the State Auditor's report should be completed in approximately June. Mayor Stead called a short recess at the hour of 8:52 p.m., and reconvened the regular meeting at 9:00 p.m.. b. Airport Expansion Senior Planner Greg Fewins gave a briefing on the airport expansion issue to Councilmembers. As previously discussed, air noise is the most significant impact on the Federal Way area. With respect to the four post plan, Mr. McFall explained the City is participating in a lawsuit against the FAA, which is now awaiting a Court of Appeals decision. He also distributed a memorandum to Council dated February 4, 1992, addressing current legislation on House Bills 2754 and 2609. The City will be sending out a questionnaire on the proposed airport expansion to all Federal Way citizens shortly. Mr. McFall explained we need to obtain expert information regarding the impact on Federal Way with respect to noise, airport planning and economic impact analysis. He asked the City Council to authorize City Manager to enter into an interloca1 with the City of Des Moines in an amount not to exceed $30,000; it might not be final amount, but feels best to allocate as first stage only at this time. This would allow Federal Way the advantage of working with experts already up to speed. FEDERAL WAY CITY COUNCIL REGULAR MEETING February 4, 1992 - Page 6 Councilmembers expressed the following concerns: (1) would like hearings held in Federal Way area; (2) would like extension of public comment period; (3) want to talk with Chamber of Commerce; and (4) would like to be prepared to offer funds to oppose expansion. Motion by Deputy Mayor Marks to authorize City Manager to enter into interlocal with City of Des Moines in the sum of $25 ,000, and if City of Federal Way citizens contribute $10,000, the City would contribute an additional $25,000 for future use; second by Councilmember Gintz. Following a lengthy Council discussion, it was decided the EIS is the most important issue and with only seventeen days to make a decision, the City needs to authorize expenditure of contingency funds now. Call for question by Councilmember Gintz. Motion by Deputy Mayor Marks failed as follows: Stead Marks Gintz Priest no yes yes no Tomlinson Gates Templeton no no no Motion by Councilmember Gates to approve City Manager's recommendation to support proposal with $30,000 funding from City's contingency fund to meet February 21st deadline, to continue watchfulness on the legislative front, to support all possible efforts, to recognize the need to work toward extending the comment time, and advocate having a local hearing-taking a proactive approach; second by Deputy Mayor Marks. Motion passed as follows: Stead Marks Gintz Priest yes yes yes yes Tomlinson Gates Templeton yes yes yes Mr. McFall reminded Councilmembers of the upcoming Saturday morning training session on the Ethics Code and Roberts Rules; the session will begin at 9:00 a.m., in Council Chambers. All Commission Chairpersons have been invited to participate. City Manager McFall requested the Council meet for a short executive session to discuss property acquisition prior to adjourning. FEDERAL WAY CITY COUNCIL REGULAR MEETING February 4, 1992 - Page 7 Vlli. CITY COUNCIL REPORTS Mayor Stead announced a special session will be held Tuesday, February 11, 1992, at 6:00 p.m., prior to the study session, to discuss the library's position on displaying the Playboy magazine. IX. EXECUTIVE SESSION To discuss property acquisition pursuant to RCW 42.30.11O(b) Mayor Stead recessed the regular meeting at 10:10 p.m., and announced the Council would convene a lQ-minute executive session to discuss property acquisition. He further announced there would not be any business conducted following the executive session. Mayor Stead announced the executive session adjourned at 10:20 p.m., with no action taken, and reconvened the regular meeting. x. ADJOURNMENT There being no further business to come before the Council, Mayor Stead adjourned the regular meeting of the Federal Way City Council at the hour of 10:20 p.m.. ~ /51-- Deputy City Clerk ~'f/cr~ STATEMENT OF MAYOR STEAD The Council will take up toniqht the continuation of its deliberations on the application for Preliminary Plat of Parkwood Campus. This determination was continued from the last regular meeting of the City Council in order that staff could provide the Council with additional information as to whether the Plat conformed to the criteria for approval. Subsequent to that council meetinq, individual Councilmembers received a written communication from a citizen containing information on the Plat. This letter dated January 22, 1992, entitled Parkwood Campus storm Runoff will be submitted into the record for informational purposes only. However, the preliminary Plat procedure (Federal Way Code §16.110.20) provides that the Council's decision on the Plat is to be based upon the record of the hearing before the Hearing Examiner, the Hearinq Examiner's written report and staff analysis for compliance with the review criteria. Following the close of the public hearing before the Hearing Examiner, additional public oral or written testimony is inappropriate. Therefore, although the letter is beinq submitted as part of the record for informational purposes, the Council is advised that their decision on the Plat cannot be based upon the information contained within that communication. We will now hear from Staff who will address issues raised by the council relating to this Plat's conformance with review criteria. LA\EF\CAL\92-48. ST EXHI8rr ../1.: January 22, 1992 To: All city Council Members SUBJECT: PARKWOOD CAMPUS STORM RUNOFF You brought up some very good points about the proposed parkwood Campus development. The questions on possible flooding impacts down stream were very inspired and justified. The answers given were without good documentation and possibly misleading. Just because there is no documented events of homes being flooded does not mean we don't have a problem. Nothing exists showing the current conditions of the basin. If we wait until there are homes being flooded we will be forced to be reactive. Parkwood Campus sits in Fisher's Bog Basin with Mirror Lake as the subbasin. See Attachment A. Please note the flow pattern of run off. You can see how all the water above 312th funnels to the low spot on First avenue near the fire station. Although servicing the storm system on First helped traffic for the time, it only increased the problems at Fishers Bog. It is this type of runoff the environmentalists are saying have nearly killed the unique characteristics of this bog. CUrrently Fisher's Bog has more water then it has ever had and fills at a rate never seen in the-past. In a conversation with Mister Fisher, he expressed that acres of his property are under water that were not that way in the past. He attributes this to all the development, because the topography of the land naturally dumps the water his way with no out flow from the bog. Al though there is an out flow from the bog it was installed so high, neighborhoods in the Mirror Lake area would be under water before it is reached. If Fishers Bog is required to receive any additional water it will fill faster than Mirror Lake. This would cause the Bog to flow backwards to Mirror Lake creating flooding conditions. Flooding has not occurred yet but is marginal for some homes. I want the development to be successful, but not at the cost of others. The detention calculations for the development was completed as I understand back in 1985. If this is the case, the y ¡ W method was most likely used. Today it is well known that this method far underestimates appropriate detention needed for the North West. If the detention area could be maximized in the T-bow depression by making it deeper wider and longer prior to planting of wetlands the pay backs would far exceed any costs. Perhaps the measly $23,000 in lieu of open space could be returned to the developer if he would maximize storm runoff detention and wetlands the City so severely needs. The City will never be able to prevent all flooding, but here is an opportunity to greatly enhance storm detention for nothing out of the pocket. EXHIBIT ~" Giving up the $23,000, that would do little to no good, could be a win-win situation for the developer and the city. Trying to increase the area later would cost the taxpayers ten fold, if it was even possible. Thank you, Brian Bernecker q"/I- 't'f:n :IP< .' Contour Interval: 20 Feet Source: USGS Quadrangle tor povef1y Bay. WashIngton. 1961 (revIsed In 1981). t N 3000 6000 Feet Aoprox. Scale A +~Qc. , m." t fJ