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Council MIN 04-20-1993 Regular Federal Way City Council Regular Meeting Council Chambers - City Hall April 2O, 1993 - 7:00 P.M. MINUTES I. CALL MEETING TO ORDER Mayor Stead opened the regular 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 J. Brent McFall, City Attorney Carolyn Lake, City Clerk Maureen Swaney, Deputy City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Scouts John Carlile, Justin Vertner and Fred Kincaid of Webe10s Scout Pack #368 led the flag salute. ill. PRESENTATION a. b. Youth Recognition Week Proclamation Boating Week Proclamation Mayor Stead read and presented the boating week proclamation to Bob Wilson. There was no one present from the Youth Commission to accept the youth recognition proclamation. IV. CITIZEN COMMENT Kevin Beck, 1414 So 324th St, Federal Way, representing Puget Power, spoke in favor of the proposed landscape ordinance and the relationship to safety issues involved in power line installation and maintenance. Michelle Burris, 320l9-40th PI SW, Federal Way, asked Mayor Stead to read her comments into the record with respect to preservation of natural habitats and open space. Mal'l!8ret Nelson, 32904-4th Ave SW, Federal Way, spoke in opposition to proposed landscape ordinance, and expressed concern about loss of trees and increased flooding from surface waters. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES April 20, 1993 - P~ge 2 Pat Allison, 4034 SW 328th St, Federal Way, supports proposed ordinance to allow bicycles on sidewalks in business districts due to safety issue of bicycles on city streets. v. i. CONSENT AGENDA a. Minutes/April 6, 1993 b. Vouched April 20, 1993 c. Accept Radio Communication Bid d. Council Bill # 46 - AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CITY'S TRAFFIC CODE, ARTICLE VI, SECTION 15-192, RELATING TO BICYCLES, BY ALLOWING BICYCLES ON SIDEWALKS IN BUSINESS DISTRICTS WHERE SUCH SIDEWALKS HAVE BEEN DESIGNATED AS CLASS III BIKE ROUTES (AMENDS ORDINANCE NO. 91-91) e. Council Bill # 47 - AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE ZONING CODE RELATING TO LANDSCAPE STANDARDS BY REPEALING SECTIONS 22-1561 THROUGH 22-1577, BY ADOPTING NEW SECTIONS 22-1561 THROUGH 22-1595; BY REPEALING ZONING CODE SECTIONS 22-1444 THROUGH 22-1450 RELATING TO LANDSCAPE PARKING REQUIREMENTS; AND BY AMENDING ZONING CODE SECTION 22-949 RELATING TO SCREENING REQUIREMENTS FOR GARBAGE RECEPTACLE AND DUMPSTERS. (AMENDS PREVIOUS ORDINANCE 90-43, SECTION 2.) f. Accept Remodel Bid for Community/Senior Center g. Accept Street Sweeping Bid h. Resolution No. 93-135 - Supporting the Effort of the Committee Known as the Saltwater Ridge Feasibility Task Force, Including Representatives from Affected Municipalities and Fire Districts in the Saltwater Ridge Area, to Study the Potential Costs and Benefits of Fire District Merger(s), Annexations and Service Provisions among the Participating Districts Accept Adelaide Park Project Bid Award FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTE..~ April 20, 1993 - Page 3 j. Resolution No. 93-136 - Approving the Final Plat of Mirror Glen Division ill, Designated as King County Building and Land Development File No.S89POO67, with Conditions. Councilmember Gintz pulled consent agenda items (b), (c), (f), (g) and (i) for further discussion; Councilmember Tomlinson pulled item (d); and Councilmember Gates pulled item (e). Motion by Councilmember Templeton to approve consent agenda items (a), (h) and G); second by Councilmember Gintz. Motion to approve minutes, Resolution No. 93-135 "Saltwater Ridge Feasibility Task Force" and Resolution No. 93-136 "Mirror Glen Division m Final Plat Approval" passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Following discussion on various voucher items, Councilmember Gintz moved for approval of item (b); second by Councilmember Priest. Motion to approve voucher, item (b) of the consent agenda, passed as follows: Stead Tomlinson Gintz Priest yes no yes yes Marks Gates Templeton yes yes yes Following discussion on the radio communication system and cellular phone usage, Councilmember Templeton moved to approve consent agenda item (c), the City Manager's request for acceptance of the radio communication bid; second by Councilmember Gates. Amendment by Councilmember Tomlinson to substitute read-out pagers in lieu of radio communications; second by Councilmember Gintz. Motion later withdrawn Amendment by Councilmember Templeton to refer item (c) back to committee for additional review; second by Councilmember Gates. Motion later withdrawn Councilmember Priest moved to amend the main motion to accept the proposed radio communication bid and refer cellular phone review to the Administration/Public Safety Committee; second by Councilmember Gintz. Motion to approve Councilmember Priest's amendment to main motion passed as follows: FEDERAI~ WAY CITY COUNCIL REGULAR MEETING MINUTE.~ A!)ril 20. 1993 - Pa,¡:e 4 Stead Tomlinson Gintz Priest yes no no yes Marks Gates Templeton no yes yes Amended main motion to approve item (c) of the consent agenda and refer cellular phone review to committee passed as follows: Stead Tomlinson Gintz Priest yes no no yes Marks Gates Templeton no yes yes Following additional discussion of item (d), Bicycles on Sidewalks ordinance, Councilmember Tomlinson moved to refer the proposed ordinance back to the Administration/Public Safety Committee; second by Deputy Mayor Marks. Motion passed as follows: Stead Tomlinson Gintz Priest no yes yes yes Marks Gates Templeton yes no no Councilmember Priest requested item (e), proposed Landscape Ordinance, be held back until finalization of other consent items. Following discussion of items (f) and (i), Councilmember Priest moved to refer bid awards for Community/Senior Center Remodel and Adelaide Park Project back to committee for additional review; second by Deputy Mayor Marks. Councilmember Gates moved to amend main motion to divide items (f) and (i); second by Councilmember Templeton. Amendment to separate two items passed as follows: Stead Tomlinson Gintz Priest yes yes no no Marks Gates Templeton no yes yes Amended main motion to refer consent agenda item (f) Community/Senior Center bid back to Regional Affairs/City Improvement Committee passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUI'K" A.pril 20. 1993 - FaKe 5 Stead Tomlinson Gintz Priest yes no yes yes Marks Gates Templeton yes no yes Amended main motion to refer consent agenda item (i) Adelaide Park Project bid back to Regional Affairs/City Improvement Committee failed as follows: Stead Tomlinson Gintz Priest no no yes yes Marks Gates Templeton yes no no Councilmember Templeton moved to approve consent agenda item (i) Adelaide Park Project bid award as presented; second by Deputy Mayor Marks. Motion passed as follows: Stead Tomlinson Gintz Priest yes no no no Marks Gates Templeton yes yes yes Councilmember Gintz moved to refer consent agenda item (g) street sweeping bid award back to Regional Affairs/City Improvement Committee; second by Councilmember Tomlinson. Motion failed as follows: Stead Tomlinson Gintz Priest no yes yes yes Marks Gates Templeton no no no Motion by Councilmember Templeton to approve consent agenda item (g) street sweeping bid award as presented; second by Councilmember Gates. Motion to approve passed as follows: Stead Tomlinson Gintz Priest yes no no no Marks Gates Templeton yes yes yes Mayor Stead called a recess at the hour of 8:40 p.m., and reconvened the regular meeting at 9:00 p.m.. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINIJTR'\ April 20. 1993 - pa,ge 6 Councilmember Templeton moved to approve consent agenda item (e) Zoning Code Amendment/Landscape Standards; second by Councilmember Gintz. The following are proposed amendments to the Landscape Section of the Zoning Code: First amendment by Councilmember Priest; second by Deputy Mayor Marks: Amendment #1 The proposed landscape ordinance provides for a great deal of flexibility in terms of landscape design. I feel that with this new artistic freedom comes the potential of having marginal landscape designs if a competent professional is not responsible for the design of the landscaping. For that reason, I support the staff/TAC requirement of a Washington State licensed landscape architect. To avoid future unnecessary amendments, I recommend that the $75,000 be eliminated and replaced with Site Plan Review Process as the criteria. Proposed Amendment: Section 22-1563. Landscape Plan Approval. b. Required landscape plans for all projects that are subject to the Site Plan Review Process as set forth in Article V of this code shall be prepared by a Washington State licensed landscape architect. Amendment #1 passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Second amendment by Councilmember Priest; second by Councilmember Gintz: Amendment #2 This amendment is proposed so that in situations where larger developments that have several lot lines within the development are not interpreted to be required to landscape along all internal lot lines. Proposed Amendment: Section 22-1564. General Landscaping Requirements - All Zones. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTK" A.pril 20. 1993 - P~ge 7 (y) Landscaping shall not be required along interior lot lines within a development where parking is being shared. Amendment #2 passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes no The third amendment encompassed a series of individual amendments: Amendment #3 This next series of amendments addresses the landscape buffer widths required within specific zoning districts. Being considered were the uses allowed in each zone, the potential impact from these uses on surrounding property, and discussions with city staff regarding what would be buffers appropriate to provide adequate separation between zoning districts and subsequently uses. The primary purpose of these amendments is to ensure adequate buffers to protect existing neighborhoods. Proposed Amendments: Section 22-1566. Landscaping Requirements by Zoning District. Amendment to (a) and (b) by Councilmember Priest; second by Councilmember Gates: (a) Suburban Estates, SE. DELETE PARAGRAPH 1 (b) Single Family Residential, RS. DELETE PARAGRAPH 1 Amendment to (a) and (b) passed as follows: Stead Tomlinson Gintz Priest yes yes no yes Marks Gates Templeton no yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTR~ A,pril 20, 1993 - Page 8 Amendment to (c) by Councilmember Priest; second by Deputy Mayor Marks: (c) Multi-Family Residential, RM. 2. Type n landscaping twenty (20) feet in width shall be provided along the common boundary abutting single family zoning districts. (planning commission recommendation as to type and width) Amendment to (c) passed as follows: Stead Tomlinson Gintz Priest yes yes no yes Marks Gates Templeton yes yes yes Amendment to (d) by Councilmember Priest; second by Councilmember Gintz: (d) Professional Office, PO. 2. Type I landscaping ten (10) feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide ten (10) feet of Type II. (planning commission as to type and TAC as to width) Amendment to (d) passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes no no Amendment to (e) by Councilmember Priest; second by Councilmember Templeton: (e) Neighborhood Business, BN. (2) Type I landscaping fifteen (15) feet in width shall be provided along the perimeter of property abutting a residential zoning district. (planning commission as to type and width) Amendment to (e) passed as follows: FEDERAI~ WAY CITY COUNCIL REGULAR MEETING MINUTR~ A.I)riI 20. 1993 - FaKe 9 Stead Tomlinson Gintz Priest yes yes no yes Marks Gates Templeton yes yes yes Amendment to (f) by Councilmember Priest; second by Councilmember Templeton: (f) Community Business, BC. (2) Type I landscaping fifteen (15) feet in width shall be provided along the perimeter of property abutting a residential zoning district. (planning commission as to type and Priest recommendation for width) Amendment to (f) passed as follows: Stead Tomlinson Gintz Priest yes yes no yes Marks Gates Templeton yes no no Amendment to (g) by Councilmember Priest; second by Deputy Mayor Marks: (g) City Center, CC. (2) Type I landscaping fifteen (15) feet in width shall be provided along the perimeter of property abutting a residential zoning district. (planning commission as to type and Priest recommendation for width) Amendment to (g) passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton no no no Amendment to (h) by Councilmember Priest; second by Councilmember Tomlinson: (h) Office Park, OF. (2) Type I landscaping fifteen (15) feet in width shall be provided along the perimeter of property abutting a residential zoning district. (planning commission as to type and Priest recommendation for width) FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTK~ A.pril 20, 1993 - Page 10 Amendment to (h) passed as follows: Stead Tomlinson Gintz Priest yes yes no yes Marks Gates Templeton yes yes yes Amendment to (i) by Councilmember Priest; second by Councilmember Templeton: (i) Manufacturing Park, MP. (2) Type I landscaping twenty-five (25) feet in width shall be provided along the perimeter of the property abutting a residential zoning district. (planning commission as to type and width) Amendment to (i) passed as follows: Stead Tomlinson Gintz Priest yes yes no yes Marks Gates Templeton yes yes yes Fourth amendment by Mayor Stead; second by Councilmember Priest: Amendment #4 Proposed Amendment: Section 22-1567. Parking Lot Landscaping. (b) Type IV Landscaping. Type IV Landscaping shall be provided within surface parking areas as follows: 1. Required Interior Lot Landscaping. Landscaped area shall be provided at the following rate within paved areas: ii. Commercial, industrial, or institutional developments, shall provide landscaping at a rate of: i. Twenty (20) square feet per parking stall when up to forty- nine (49) parking stalls are provided; and Twenty-two (22) square feet per parking stall when fifty (50) or more stalls are provided. a. FEDERAL WAY CITY COUNCIL REGULAR MEETING l\ßNUI'Rt;;; AJ)riI 20, 1993 - Page 11 Amendment #4 passed as follows: Stead Tomlinson Gintz Priest yes no no yes Marks Gates Templeton no yes yes Fifth amendment by Councilmember Priest; second by Deputy Mayor Marks: Amendment #5 Mayor Stead indicated that when the landscaping code was originally developed, it was felt that using circumference as opposed to diameter would provide an easier measurement to use. I am also suggesting that we include some indication that the significant tree section actually gets at tree retention in general rather than specifically significant trees. Proposed Amendment: Section 22-1568. Significant Trees (free Retention). (b) Definition. A significant tree shall be defined as: 1. Twelve (12) inches in diameter or thirty-seven (37) inches in circumference measured four and one-half (4 1/2) feet above ground; and Amendment #5 passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Motion by Councilmember Gates to suspend rules and continue beyond required adjournment time of 10:00 p.m.; second by Deputy Mayor Marks. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Sixth amendment by Councilmember Priest; second by Deputy Mayor Marks: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTKI\ April 20, 1993 - Page 12 Amendment #6 This amendment is to provide clarification in the Modification Section of the proposed code which includes a criteria that requires a proposed landscape modification result in increased retention of natural vegetation or significant trees. However, if these are not present (natural vegetation or significant trees) it would preclude these sites from being considered under this section. The second part of this amendment would include the planning commission recommendation regarding allowing pedestrian facilities in required buffers but is rewritten to provide clearer direction on this item. Proposed Amendment: Section 22-1570. Modification Options. (b) Modifications to the landscape standards may be granted by the Director of Community Development if: 3. If the proposed modification will not violate any City of Federal Way Municipal codes or ordinances. In particular, a modification shall not be a substitute for any zoning variance; and 4. Where auulicable, the proposed modification would result in an increased retention of significant trees and/or naturally occurring vegetation on the site. (i) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. Amendment #6 passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Seventh amendment by Councilmember Priest; second by Councilmember Templeton: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINlJTRç¡ AJ)ril 20. 1993 - Page 13 Amendment #7 There is widespread concern over developments such as Costco, where phased development leaves large areas of the site not landscaped appropriately. This creates a visual blight on the area. The current code provides staff with a number of methods to ensure that this does not occur within future developments in Federal Way. The following amendment is a technical amendment to the landscaping code to make it is absolutely clear that these remedies apply to the landscaping area. Proposed Amendment: NEW SECTION - Sec. 22-1569. Performance and Maintenance Standards. (c) Performance and Maintenance Bonds. In addition to any other remedy provided herein, for any landscape requirements imposed within this Code, the City may require the establishment of a performance or maintenance bond as provided in Zoning Code Chapter 22, Division 6. Amendment #7 passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Mayor Stead called for vote on main motion, as amended; Ordinance No. 93-170 "Zoning Code Amendment/Landscaping" passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes VI. INTRODUCTION ORDINANCES a. Council Bill #48 - AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,390,000 TO FINANCE PARK FEDERAl J WAY CITY COUNCIL REGill.AR MEETING MlNIITRI\ AJ)ril 20. 1993 - Page 14 IMPROVEMENTS; FIXING THE DATE, FORM, TERMS, MATURITIES AND COVENANTS OF SAID BONDS; AND AUTHORIZING THE SALE OF SUCH BONDS Mayor Stead presented introduction reading of proposed ordinance and referred to Regional Affairs/City Improvement Committee for review, with enactment scheduled for May 4, 1993. b. Council Bill #49 - AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $- TO REFUND CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY; FIXING THE DATE, FORM, TERMS, MATURITIES AND COVENANTS OF SAID BONDS; AUTHORIZING THE PURCHASE OF CERTAIN OBLIGATIONS WITH THE BOND PROCEEDS AND THE APPOINTMENT OF A REFUNDING AGENT TO HOLD SUCH OBLIGATIONS IN ESCROW; AND AUTHORIZING THE SALE OF SUCH BONDS Mayor Stead presented introduction reading of proposed ordinance and referred to Regional Affairs/City Improvement Committee for review, with enactment scheduled for May 4, 1993. c. Council Bill #50 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY ZONING CODE, ORDINANCE 90-43, BY AMENDING SECTIONS 22-752 TO ALLOW TIRE STORES AS A PERMITTED USE IN THE BC ZONE Mayor Stead presented introduction reading of proposed ordinance, with enactment scheduled for May 4, 1993. d. Council Bill #51 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY ZONING CODE, ORDINANCE 90-43, BY ADDING A NEW SECTION, 22- 879, TO ALLOW HOTEUMOTELS IN THE MANUFACTURING PARK (MP) ZONE. (AMENDS ORDINANCE 90-43, SECTION 2) Mayor Stead presented introduction reading of proposed ordinance, with enactment scheduled for May 4, 1993. VII. a. COUNCIL BUSINESS Street Maintenance Contract FEDERAL WAY CITY COUNCIL REGULAR MEETING MlNIJTK~ April 20, 1993 - Page 15 Motion by Councilmember Tomlinson to cancel existing contract with King County, and to refer issue to Regional Affairs/City Improvement Committee to analyze private contracting for cost effectiveness; second by Deputy Mayor Marks. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes b. Resolution No. 93-137/City Council Rules Amendment Councilmember Tomlinson moved to reconsider the earlier proposed amendment to Council Rules of Procedure; second by Deputy Mayor Marks. Motion passed as follows: Stead Tomlinson Gintz Priest no yes yes yes Marks Gates Templeton yes no no Motion by Councilmember Tomlinson to approve the proposed amendments to Council Rules to (1) require a two-thirds majority vote to suspend the Rules and (2) require Council Committee Chairs to review, interview and recommend advisory committee appointments; second by Deputy Mayor Marks. Motion to approve Resolution No. 93-137 "Amendment to City Council Rules of Procedure", passed as follows: Stead Tomlinson Gintz Priest no yes yes yes Marks Gates Templeton yes no no Vill. CITY MANAGER REPORT Mr. McFall reminded the Council of the need to schedule a special session for purposes of an executive session for City Manager's evaluation. Motion by Councilmember Priest to schedule a special session on May 4, 1993, at 5:00 p.m.; second by Councilmember Templeton. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes FEDERAl, WAY CITY COUNCIL REGULAR MEETING MINUrK~ A.pril 20. 1993 - Page 16 Mr. McFall explained the necessity of an addition to the agenda; being a resolution approving the application to King County Open Space Bond Committee for reallocation of 1989 bond funds and application to 1993 futures monies. Motion by Deputy Mayor Marks to approve Resolution No. 93-134 "Bond Project for Reallocation or 1989 Bond Funds for Acquisition of Monastery Property, and Application to 1993 Regional Conservation Futures Monies ror Fischer's Bog and School Sites #20 and #40"; second by Councilmember Templeton. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes He reminded Councilmembers of the Volunteer Recognition Awards Ceremony scheduled for April 22nd at 4:30 p.m., and the Youth Recognition Awards on April 29th at 7:00 p.m.. IX. CITY COUNCIL REPORTS Councilmember Gates reported the next meeting of the Regional Affairs/City Improvement Committee will be April 27th at 5:00 p.m.; she advised the ad hoc committee is currently reviewing Parks Commission applications. Councilmember Templeton announced the Land Use Committee will hold its next regular meeting on May 11th at 7:00 p.m.. Councilmember Gintz announced the Administration/Public Safety Committee will be meeting within the next few weeks. X. ADJOURNMENT There being no further business to come before the Council, Mayor Stead adjourned the regular m_g of tho F""'" W.y Ci~ ~ ~ ~({ ~-<. N. C ristine Green Deputy City Clerk ----