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Council MIN 03-16-1993 Regular MINUTES Federal Way City Council Regular Meeting Council Chambers - City Hall March 16, 1993 - 7:00 P.M. ***** I. CALL MEETING TO ORDER A Regular City Council meeting was called to order by Mayor Robert Stead, at the hour of 7:04 p.m., March 16, 1993, in Council Chambers, Federal Way City Hall, 33530 First Way South, Federal Way, Washington. Councilmembers present: Deputy Mayor Joel Marks, Ray Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton and Skip Priest. Staff present: J. Brent McFall, City Manager, Carolyn Lake, City Attorney and Maureen Swaney, City Clerk. II. PLEDGE OF ALLEGIANCE Boy Scout Troops 333 and 361 led the flag salute. III. CITIZEN COMMENT Les Reichel, 3626 S. 241st, Kent, Washington, urged the Council to waive the permit fees for the Federal Way Community Center. Linda Arney, 2506 S. W. 325th Place, Federal Way, Washington, commented on the Steel Lake playground. Vicki Chow, 2123 S.W. 305th Street, Federal Way, Washington, supported the Steel Lake improvements. Lisa Grimes, 2120 S. 279th Place, Federal Way, Washington, also supported the Steel Lake improvements and urged Council support. Gerald Norton, 408 S.W. 327th Place, Federal Way, Washington, commended the Council for holding their recent retreat in the city. Mike Benson, 29209 20th Avenue S, Federal Way, Washington, commented on law enforcement issues. Greg DeBay, 4213 S.W. 317th, Federal Way, Washington, told the Council he supported ORIGINAL Ci~ Councl~eeting March 16, 1993 Page Two recycling. Karyn Boser, 31715 B 47th Lane SW, Federal Way, Washington, also supported the recycling program relating to multi-family units. Bruce Thompson, 37129 4th Avenue SW, Federal Way, supported the recycling agenda items in his capacity as a solid waste task force member. Karen Edwards, 29004 7th Place S, Federal Way, Washington, requested the Mayor read her written support of recycling efforts. Jim Hamilton, Federal Way Fire District Administrator, presented a Fire Department pin to Steve Anderson and Ken Nyberg; Chief Dave Crossen presented Assistant City Manager Nyberg with a fire hat. At the conclusion of the citizen comment, Mayor Stead said that staff would look at the possibility of a fee waiver for the Federal Way Community Center; that he and the Council supported the Steel Lake Park efforts; that he could not guarantee future City Council retreats would be local; that the City is doing a study on police services, and that recycling is successful in the City of Federal Way. IV. CONSENT AGENDA a. b. c. d. Minutes/March 2, 1993 Voucher/March 16, 1993 Accept/File Financial Statement for January 1993 Council Bill #43/0RDINANCE NO. 93-166 Enactment Ordinance/Public Works Grants Acceptance Bid Award/Steel Lake Park Shelter RESOLUTION NO. 93-13l1Fee Reduction for Amateur Radio Antenna Process I Review Proposal to Refund 1991 Limited Tax General Obligation Bonds e. f. g. Council member Priest requested item (c) be removed for separate discussion; Councilmember Tomlinson requested item (b) be removed for separate discussion. Motion to approve Consent Agenda, without items "b" and "c" by Councilmember Templeton; City Council Meeting March 16, 1993 Page Three Second by Councilmember Priest. Motion passed as follows: Tomlinson Marks Gintz Priest Yes Yes Yes Yes Gates Stead Templeton Yes Yes Yes Council member Tomlinson asked questions on the Voucher relating to an expenditure for the homeless temporary program, the cost for the Finance Director bond and City vehicle car wash expenses. Motion to approve item "b" by Councilmember Gintz; Second by Councilmember Priest. Motion passed as follows: Tomlinson Marks Gintz Priest No Yes Yes Yes Gates Stead Templeton Yes Yes Yes Council member Priest commented on the volunteer and temporary help information contained in the Financial Statement. He asked for further information on district court fines, building permit activity and real estate excise tax. Council member Tomlinson asked for clarification on short term investments and asked if there was a plan to obtain higher rates. Motion to approve item "c" by Council member Gintz; Second by Councilmember Gates. Motion passed as follows: Tomlinson Marks Gintz Priest Yes Yes Yes Yes Gates Stead Templeton Yes Yes Yes v. PUBLIC HEARING Pleasant Hill at Redondo Beach/ Alteration of Plat 1) City Staff Report Deb Barker, Planning Technician, reviewed the staff report which had been in the Council packet. She explained this alteration would relocate an existing ingress/egress/utility easement which services tract 17 to the south, from the east side to the west side of Tract 12; would permit an ingress/egress/utility easement to encroach into the Building Set Back Line on the west side of Tract 12, and would modify the language pertaining to the "Building Setbacks and Native Growth Protection Easements" on the face of the recorded document to allow administrative review of actions proposed within the Building Set Back Line and Native Growth Protection easement areas in the Pleasant Hill at Redondo Beach. Ms. Barker informed the Council there City Council Meeting March 16, 1993 Page Four was no opposition to this alteration and submitted a letter in support, from Mr. and Mrs. Scheevel, which is attached hereto as Exhibit" A" and made a part of the record. 2) Public Comment The Mayor opened the public hearing. Mr. Dick Gesinger, 2729 50th Avenue N.E., Tacoma, Washington, said he was the owner of Tract 17 and he supported the alteration. There was no further testimony and Mayor Stead closed the hearing. 3) City Council Deliberation A brief discussion was held by the Council; this issue had been discussed at the Land Use Committee and they supported the alteration. 4) Resolution No. 93-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE ALTERATION OF A RE- RECORDED SURVEY OF PLEASANT HILL AT REDONDO TO RELOCATE AN INGRESS/EGRESS EASEMENT ACROSS TRACT 12 OF THE SURVEY AREA, TO ALLOW THE RELOCATED INGRESS/EGRESS EASEMENT TO BE LOCATED WITHIN A BUILDING SETBACK LINE AREA, AND APPROVING THE ALTERATION OF THE LANGUAGE OF THE RE- RECORDED SURVEY OF PLEASANT HILL AT REDONDO TO ALLOW A CITY ADMINISTRATIVE REVIEW PROCESS FOR ANY FUTURE PROPOSED ENCROACHMENT INTO THE RE-RECORDED SURVEY'S BUILDING SETBACK LINE (BSBL) AND NATIVE GROWTH PROTECTION EASEMENT (NGPE) AREAS Motion for approval of Resolution No. 93-132 by Councilmember Priest; Second by Councilmember Gintz. Motion passed as follows: Tomlinson Marks Gintz Priest Yes Yes Yes Yes Gates Stead Templeton Yes Yes Yes City Council Meeting March 16, 1993 Page Five VI. INTRODUCTION ORDINANCES a. Council Bill #44/Revised Recycling Franchise & Rates Amendment ORDINANCE NO 93-167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ITS SOLID WASTE AND RECYCLING UTILITY, AND AMENDING ITS SOLID WASTE COLLECTION AND RECYCLING UTILITY PROGRAM. Mr. McFall said the Administration/Public Safety Committee had reviewed this ordinance and it is being recommended to suspend the rules and enact the ordinance tonight. Councilmember Priest moved to suspend the rules and enact Ordinance No. 93-167 at one meeting; Second by Councilmember Templeton. Motion passed as follows: Tomlinson Marks Gintz Priest Yes Absent Yes Yes Gates Stead Templeton Yes Yes Yes Councilmember Gates moved to enact Ordinance No. 93-167; Second by Councilmember Gintz. Prior to voting, Councilmember Tomlinson asked for clarification on rate information. Motion passed as follows: Tomlinson Marks Gintz Priest Yes Absent Yes Yes Gates Stead Templeton Yes Yes Yes City Council Meeting March 16, 1993 Page Six b. Council Bill #45/Restaurants in Neighborhood Business Zones Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY ZONING CODE, ORDINANCE 90-43, BY AMENDING SECTION 22-723 TO INCREASE THE MAXIMUM ALLOWABLE GROSS FLOOR AREA OF RESTAURANTS IN A BN ZONE FROM 5,000 SQUARE FEET TO 7,500 SQUARE FEET. Larry Springer, Planning Manager, reviewed this ordinance and the information that had been in the Council packets. He said that the recommended ordinance allowed a floor area of 7,500 square feet; the Planning Commission had recommended 10,000 square feet. The Land Use Committee reviewed this zoning code amendment and felt 7,500 square feet was sufficient. This ordinance will be on the April 6, 1993 agenda for enactment. VII. COUNCIL BUSINESS a. Council Bill #42/Enactment Ordinance/ISTEA Grant for BP A Trail ORDINANCE NO. 93-168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT TO ACCEPT FEDERAL FUNDS FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR ESTABLISHING A PROJECT WITHIN THE GRANT FUND; AMENDING THE BUDGET FOR THIS GRANT FUND BY APPROPRIATING UNANTICIPATED AND FUTURE REVENUES TO THAT FUND; AUTHORIZING MATCHING FUNDS BY THE CITY; AND AUTHORIZING EXPENDITURES OF SAID GRANT FUNDS. Dr. Stanley M. Pier, 30240 27th Avenue S., Federal Way, Washington, toxicologist and former University of Texas faculty member for public health issues now practicing in Washington, gave the Council information on electro-magnetic fields. He suggested measuring the profile of the field in the areas to be used by people; there probably is exposure, but it would be based on the dose. Councilmember Marks commented on the Swedish and Danish studies which had not been reviewed by Dr. Pier. Council member Priest said Dr. Pier had addressed the Administration/Public Safety Committee that the studies have been inconclusive as to the risk factor. Dr. Pier said the City's risk is not the medical risk, but the risk from the litigious community. Discussion continued on the magnetic and electric fields. City Council Meeting March 16, 1993 Page Seven Councilmember Gintz commented on a memorandum from the Law Department relating to a proposal for construction of a public trail near the BP A powerlines; he also referred to a letter from Dave Kaplan which suggested the possibility of a trail on Pipeline 5, when it is constructed, which would be funded regionally. Councilmember Gintz said he would not support Ordinance No. 93-168. Motion for approval of Ordinance No. 93-168 by Councilmember Templeton; Second by Council member Gates. Councilmember Gates said the jury is still out on the powerline danger question and she felt the improvement makes sense; Councilmember Gates said she was supportive of this ordinance. Council member Priest said he would not support this ordinance and thanked the citizens for their information and concern which slowed the process and which allowed the Council to obtain additional data; he agreed Pipeline 5 might be a viable option in the future. Deputy Mayor Marks said the debate on this issue has been educational. Mayor Stead said that this issue has been troublesome and he indicated he disagreed with the City Attorney on the litigation issue; he said he thought the blight is the powerlines themselves; Mayor Stead said his decision to support this ordinance is based on scientific information. Councilmember Tomlinson said he took an informal poll at his Kiwanis meeting and 57% favored this park plan while 43% did not favor the project; he said, based on this information, he would support the ordinance. Prior to voting, Councilmember Gintz pointed out that the project was not listed on the goals proposed by the Council at their recent retreat. Motion to approve Ordinance No. 93-168 passed as follows: Tomlinson Marks Gintz Priest Yes No No No Gates Stead Templeton Yes Yes Yes b. Neighborhood Safety Program Philip Keightley, Public Works Director, reviewed the recommendations contained in the staff report which was a part of the Council packet; this recommendation was reviewed by the Administration/ Public Safety Committee and they recommend adoption of the criteria by the Council. City Council Meeting March 16, 1993 Page Eight Motion to approve the recommendations by Councilmember Gintz; Second by Councilmember Templeton. Motion passed as follows: Tomlinson Marks Gintz Priest Yes No Absent No Gates Stead Templeton Yes Yes Yes VIII. CITY MANAGER REPORT Cancellation of Executive Session: Mr. McFall announced it was not necessary to hold an Executive Session this evening as set forth on the meeting agenda. Recycling Franchise Agreement: He asked if the Council would authorize him to enter into the Agreement for Franchise for Solid Waste and Recycling Collection. Motion to authorize City Manager to execute contract' by Council member Priest; Second by Council member Marks. Motion passed as follows: Tomlinson Marks Gintz Priest Yes Yes Yes Yes Gates Stead Templeton Yes Yes Yes FEMA Reimbursement Resolution No. 93-133: Mr. McFall announced that it was necessary to pass a resolution to obtain storm damage cost reimbursement from FEMA. Motion to approve Resolution No. 93-133 by Councilmember Templeton; Second by Councilmember Gates. Motion passed as follows: Tomlinson Marks Gintz Priest Yes Yes Yes Yes Gates Stead Templeton Yes Yes Yes Mr. McFall said he would provide a cost breakdown for the Council. 1-5 Task Force Membership: Mr. McFall obtained Council concurrence to appoint the following members to an ad hoc 1-5 task force: Councilmembers - Bob Stead (ex officio), Skip Priest and Ray Tomlinson. Citizens City Council Meeting March 16, 1993 Page Nine - Dave Judkins, Maryann Mitchell, Rob Reuber, Tony Starkovich and Jeff Stock. Staff - Brent McFall and Philip Keightley. The Council agreed to add a member of the Planning Commission and possibly Jim Bolten School Park Site Bids. The bids on the captioned site were opened March 9, 1993; the City's share of the construction cost is $1,918,000 and the Council will receive a recommendation to accept the low bidder and project as bid. The Council said they did not need to have a special study session set to review this matter. Council member Gintz asked for additional information on trees and bonding amounts. Councilmember PFÍest was given additional information on landscaping. Mayor Stead asked for concurrence on adding some Parks and Recreation Commission members to a group from the school district to develop a process for naming this park. The Council was reminded of the upcoming joint meeting with the Council and the School Board Police Contract Amount: Mr. McFall said that King County Finance had given the City final numbers on the police contract cost. This number is $7,288,455 and the City had budgeted $7,176,529; he said staff will continue working on this issue before bringing the final amount back to the Council. The per officer cost budgeted was $131,000 while King County has computed it to be $132,812. Mr. McFall said the problems have been with the financial part, and not the service provider. IX. CITY COUNCIL REPORTS Mayor Stead reported that there will be a water meeting in the morning for a regional solution in King County. Mayor Stead reported that the GMPC will meet tomorrow and affordable housing will be on the agenda again. Mayor Stead reminded the Council that the Suburban Cities meeting will be at Mercer Island and they will be voting on the third runway issue and he urged all Councilmembers to attend. Council member Tomlinson said he had ridden with King County Animal Control last week and reported the agency is dispatch-driven and that some cities are hiring Community Service Officers to assist with this function. City Council Meeting March 16, 1993 Page Ten X. EXECUTIVE SESSION Property Acquisition - Pursuant to RCW 42.30. 110(b) This session was cancelled and will be held when additional information is received. XI. ADJOURNMENT The meeting adjourned at 9:45 p.m.