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Council MINS 04-07-1998 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 7, 1998 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Gintz 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 Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar, Phil Watkins. City staff present: City Manager Kenneth E. Nyberg, City Attorney Londi Lindell, Deputy City Clerk Bob Baker. II. PLEDGE OF ALLEGIANCE Councilmember Watkins led the flag salute. III. PRESENTATIONS a. SPIRIT AwardIMonth of Aoril City Manager Nyberg presented the April SPIRIT Award to Police Support Officer Tom Robinson. Mr. Robinson's nomination, in part, read as follows: Tom is an excellent example of someone who exhibits each of the elements of SPIRIT. His service extends well beyond the work day and often includes weekends. He understands his caseload and takes pride in the ownership thereof He is responsible and accountable for ensuring victims of crimes get quick and effective police service. He has earned the trust and respect of each and every member of the criminal investigations division. b. Certificate of ADDreciationlParks & Recreation Donation Councilmember Dovey was proud to present a plaque to H. David Kaplan in recognition of his contribution in the amount of $5,000.00 toward Celebration Park. Mr. Dovey expressed sincere appreciation and extended thanks and praise to Mr. Kaplan. Mr. Kaplan gave thanks for the public acknowledgment. He then delivered many thanks to the different individuals and groups who have worked hard on this project and for remaining focused. ORIGINAL CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 2 He thanked his late parents for instilling the value of volunteering in him. Finally, he encouraged all to get involved and, if interested, make their mark on Celebration Park by purchasing one or more of the items in the "catalog" which has been prepared to raise funds. The catalog contained hundreds of items priced ftom $5.00 and up, to assist in the completion of the park. Councilmember Kochmar MOVED TO CONSIDER ITEM IV OUT OF SEQUENCE, AT THIS TIME; second by Councilmember Burbidge. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes IV. PUBLIC HEARING Moratorium on Adult Entertainment & Retail UseslResolution APPROVED RESOLUTION #98-270 a. b. Staff Report Citizen Comment City Council Deliberation/Resolution c. Mayor Gintz opened the public hearing at 7:20 p.m. and stated the moratorium prohibits the acceptance of applications for and the issuance of land use, building and development permits and business licenses for adult entertainment establishments and adult retail uses. The moratorium is in effect for 180 days and expires on August 16, 1998. The mayor went on to explain the hearing process which will include a presentation by Greg Moore and Londi Lindell. He stated Council would then hear public comment and then ask questions or seek clarification and deliberate the issue. Council may adopt findings off act to support continuation of the moratorium or it may cancel the moratorium. a. STAFF REPORT Kathy McClung, Deputy Director of Community Development Services, presented the history of the moratorium; current zoning regulations and explained permitting requirements. She stated there are six (6) legal, non-conforming businesses at this point. These business may not expand. She concluded by giving the staff recommendation of continuing the moratorium through midnight, August 16, 1998. City Attorney Londi Lindell informed Council the City of Federal Way has the authority to consider secondary effects of such businesses; (e.g., crime, property values, traffic, vandalism, moral values, CITY COUNCIL MEETING MINUTES April 7. 1998 - Page 3 safety, etc.). These same effects were considered when working on the 4-Foot Rule in conjunction with the adult entertainment ordinance; and said ordinance was upheld as constitutional. Council may rely on studies from other entities when making the decision. Ms. Lindell also recommends continuation of the moratorium in order that she may study the results of similar analysis from other venues. b. CITIZEN COMMENT Twenty Six (26) individuals spoke and the comments of seven (7) additional persons were read into the record in favor of continuing the moratorium through August 16, 1998. No one spoke in opposition to the continuation of the moratorium. Those who spoke were: Jim Hamilton, Gene Loher, Randy Van Wagner, Dean Jackson, Craig Kessel, Lon Cole, Jody Putman, Gilbert Brown, Marie Adair, David M. Holtz, Ron Walker, Mike McIntosh, Tim Fletcher, Lance Bilyeu, Buttons Carioto, Ron Garceau, Anna Kessel, Joel Marks, Chris Lujan, Cindy Bennight, William Mooth, Colleen Elkington, Mary Pena, Emmanuel Marroquin, Roy Wilson and Steve Watt. Comments of the following persons were read into the record: Lynn Templeton, Theresa Crock, Luanne Rogers, Ben Brozovich, Debra Coates, Dini Duclos, Elizabeth Madrid. Refuting a claim by a citizen this evening, Councilmember Gates read a statement into the record: "As Mayor of the City of Federal Way, in 1995, I led this council in creating the adult entertainment ordinance and we did that with the understanding of very serious, negative, secondary effects. And, I want you to know I support this Mayor and this Council in the extension of the moratorium passed by the Council for the superstore issue. Frankly, I really resent however, any inference that I would encourage anything like a superstore of this type and its secondary effects to give Federal Way sex appeal; and I find that suggestion patently ridiculous." Councilmember Dovey spoke of the location as it relates to distance from schools, parks, churches, residences, etc. He'd like information on economic impact. He applauds everyone for the moral issue of this establishment and really wants to evaluate economic impact and the safety for our children as well as the traffic issues. Having no additional comments to be considered from the public and no other questions ftom Council, Mayor Gintz closed the public hearing at 8:30 p.m. c. COUNCIL DELffiERATION/RESOLUTION Councilmember Watkins MOVED TO ADOPT THE FINDINGS OFF ACT AND CONTINUE THE MORATORIUM THROUGH MIDNIGHT, AUGUST 16, 1998; second by Councilmember Dovey. CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 4 Councilmember Watkins stated more time is needed to review the item at hand. Councilmember Gates was pleased citizens brought additional reading information forward for Council and staff. Councilmember Park stated that as a small business owner he has been a victim of the secondary effects of prostitution near his worksite. And, as a parent, he wants a safe, livable environment for his children. Councilmember Kochmar was pleased with the community turnout. She reminded the crowd we are trying to become a pedestrian-friendly community as well as visually pleasing. She stated all people should have a feeling of safety when walking through our community. Councilmember Burbidge is in support of extending the moratorium. Finally, Mayor Gintz held up the current issue of TIME Magazine (dated April 6, 1998). He pointed out the two-year old boy on the cover ofthe magazine, dressed in military fatigues and holding a military rifle is the same little boy who nine (9) years later, (last week), along with a friend, murdered 5 people in Jonesboro, Arkansas. He stated this is an example of secondary effects. He believes there is definitely an argument for secondary effects. He is horrified when he thinks of Truman High School and stated without a doubt, there are kids who are 18, 19 and 20 years old, who will buy products from this store and share them with the younger kids at Truman. He stated we are looking for a pedestrian-friendly downtown core. The Mayor also stated we are taking a stand effectively and legally in Federal Way. Mayor Gintz took a vote on the main motion to adopt the findings offact and extend the moratorium. It carried as follows: Burbidge Gates Kochmar Watkins yes yes yes Dovey Gintz Park yes yes yes v. CITIZEN COMMENT Marie Adair asked the Council to abandon the assumption efforts of Lake haven Utility District and not appeal the decision of the Boundary Review Board. Dale Sain, Chairman of the Celebration Park Action Committee, later changed to Community Parks Action Committee, gave a brief history of the committee and announced its disbandment. Through fundraisers and donations over the years, the Committee has some monies left over and he'd like to CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 5 give it to the Celebration Park Fundraiser. He presented just over $5,300.00. Councilmember Dovey stated he was happy to receive the donation on behalf of the City. He is thankful for the money and the people who take the time to improve the quality oflife in Federal Way. Cindy Bennight spoke about Wedgewood Park. She has worked with the City since 1995 and stated the project was approved by the Parks Commission and passed to the Parks Committee. It was to be built pending funding. She reminded Council that if monies are available in the budget, to keep the park in mind. Jeannie Van Vleet, Applewood Annexation Chair, informed Council the neighbors of Apple wood are withdrawing their 10% application for annexation. Timing, zoning, lackofanEIS from WSDOT and DDES and non-decision were sited as reasons why the petition was being withdrawn. Dorothy Ascheman spoke concerning the corner of3 12th and the left hand turns into the QFC; which, in her opinion, is causing havoc. Speeding and improper use of the left turn lanes are just some of the items causing problems. She said this item needs addressed and must be dealt with. Lawrence Wilson spoke concerning the corner of312th. He became aware ofa traffic safety meeting at Mirror Lake of two weeks ago wherein he was advised of another accident at the intersection of 14th & 312th. He gave statistics of accidents which have taken place at that intersection. He stated law enforcement is not adequate to cover all of Federal Way. He asked why multiple officers assist at incidents where only one or two are necessary. He's interested in strict enforcement oflaws. Chris Lujan also spoke of trouble with this intersection. She lives near there and stated since Pavilion Centre went in, traffic in that area has increased. One of her daughter's friends was hit in that intersection. People are not seeing the pedestrian crossing signs and are not stopping. She, too, met March 19 at Mirror Lake school to discuss this issue. She got a petition and 300 signatures in support of seeing improvements in this area; including, a self-activated flasher where pedestrians push a button and the flasher is activated thus alerting drivers to stop allowing pedestrians to cross. Mel Godina also spoke out of concern with this area. Mr. Godina also attended the neighborhood traffic safety meeting. He, too, would like to see increased enforcement and lights at the crosswalk. Lance Bilyeu has been a victim of an auto accident at the QFC entry intersection. It is a real problem and he's seen other accidents there as well. He stated the intersection of312th & 14th Ave. is also a problem. He said the neighborhood traffic safety meeting was very informative. He stated some interim steps to correct this issue could be taken, until the right answer is found for the ingress and egress ofQFC. He has not seen a lot of police activity on 312th and would like to see that increased. Cary Roe, Director of Public Works, addressed this issue with Council. He has been involved in ongoing conversations with the Pavilion Centre on the South Side of31Zth as well as Albertsons and the complex on the north side of312th. Mr. Roe's department has come up with two options for this CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 6 area. One would involved expanding the 312th project on the west side of Highway 99, creating a double, left-hand turn lane going east bound 312thto northbound SR99 and also creating aright-hand turn lane in addition to the lane that currently exists. He is asking businesses to assist in the financial costs of this project. The answers are yet forthcoming. Secondly, c-curb could be put in place. This would address the left-hand turn restrictions he's heard about this evening. Addressing the intersection of 312th & 14th, Mr. Roe stated there is a hood crossing there today, signed in the east and west direction, with no flashers currently. He would be in favor of placing larger signs and flagging on the signs. This would be a temporary measure until an actuated pedestrian crossing could be proposed to the Land UselTransportation Committee. Once their approval is received and funding is in place, the City could proceed to the next step. Bob Kellogg spoke regarding Wedgewood Park. He echoed the thoughts of Cindy Bennight. He asked the Council to remember the park when considering the next budget. Councilmember Gates MOVED TO ADD A COUNCIL BUSINESS SECTION TO CONSIDER THE OFFICIAL DATE OF BEGINNING OUR SISTER CITY AFFILIATION; second by Councilmember Park. The motion carried as follows: VI. j. k. 1. m. n. o. Burbidge Gates Kochmar Watkins Dovey Gintz Park yes yes yes yes yes yes yes CONSENT AGENDA a. b. c. d. MinuteslMarch 17 1998 Regular Meeting Voucher/April7 1998 Monthlv Financial ReoortlFebruarv 1998 RellÍonal Needs Assessment/Green-Duwamish Watershed Cost Sharing So 34Oth St RSF 30% DesilDl Reoort 1998 RFB for Vacuum/Jet RoddinlZ Services NeilZhborhood Traffic SafetY ProllfarnlSoeed Humes Mvers Master Lawn Care Amendment Purchase of Mowers Commute Trio Reduction (CTR) Professional Services Agreement/KC-METRO Interlocal AlZreement for Grant FundimzlKC-METRO Use of Council Human Services Priorities in AllocatinlZ Funding Use of ReDIa cement Reserves/Uograde Printers & Fax Machine Financial Software Uograde Arts Commission Aooointments e. f. g. h. i. CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 7 p. q. All Dav Rental Rate for Knutzen Familv Theatre Centerstasze Arts Conservatorv ProDosal Mayor Gintz pulled item G. Councilmember Dovey pulled item P. Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D, E, F, H, I, J, K, L, M, 0 AND Q AS PRESENTED; second by Deputy Mayor Park. The motion carried as follows: Burbidge Gates Kochmar Watkins abstained yes yes yes Dovey Gintz Park yes yes yes Item G: Neiszhborhood Traffic SafetY Prollfam/SDeed HumDs Item pulled by Mayor Gintz for citizen comment. Mary LeProwe spoke about the speed humps being installed near the area she resides (near 3320".). She is opposed the currently-adopted process and criteria for their installation. For medical reasons in her family, traffic humps are particularly inconvenient and cause considerable pain. There are other alternatives to slow the traffic. She suggested the City start with increased enforcement, traffic circles and increased enforcement. Dick Billington spoke about the speed humps in the area of 35" and 3320".. He stated his understanding as it relates to the installation criteria thereof. Near his home, the humps cause trouble. People who are driving get made and honk their horns during the evening; others speed over them without regard to their vehicles; while yet others don't even slow down. He believes the neighbors in an area to receive speed humps should have more of a say when they are being considered. Safety is an extreme factor in this situation. Dale Spratt stated these are bumps, not humps. We have good criteria which was established and most are good; but are not usually being adhered to by those responsible when deciding to install the humps. He spoke of his dissatisfaction with the recent installation of speed humps on 35" and believes we have a speeding/attitude problem in Federal Way which must be addressed. Perhaps more officers should be devoted to traffic patrol. Robert Dahl commended the Council for being good listeners. He commended staff for the same reason and thanked everyone for the ability to come and speak. He is also opposed to speed humps in the Twin Lakes area. He has signed a petition against the proposed humps on SW 323rd, 35" Ave CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 8 SW (existing) and proposed humps at SW 338th. The humps are not going to stop the speeding. He stated more enforcement is needed. Councilmember Gintz noted the speed humps on 35th were put in place in response to citizens after a fatality in that area. CouncilmemberDovey stated this has been a long process to get the humps installed on 18th Ave. So. He and his fellow Public Safety Committee members are of the opinion 6 speed humps should be installed versus the 5 which were approved previously at the Committee level. Councilmember Gates doesn't like speed humps as they are invasive. She will support this because she supports the process; but the concerns raised this evening tell us one size does not fit all in terms of traffic calming. Perhaps the City may even look at proposed requirements for speed hump removal. Councilmember Watkins concurs with Councilmember Gates. He referred to this as a flawed band- aid, but stated it's the best we have right now. Speeding is an issue and if you observe the limit, you are conscience of the rate of speed around you as well as the rage of those who can't believe you are. Councilmember Kochmar fully supports the humps on 18th Ave. So., but the 6th speed hump doesn't meet the criteria because the people within the apartment building weren't responsive. Councilmember Dovey urges Council to vote for the 6th hump. Councilmember Dovey MOVED APPROVAL OF ITEM G, WITH THE ADDITION OF 1 SPEED HUMP; FOR A TOTAL OF 6; second by Councilmember Gates. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Councilmember Watkins MOVED TO SUSPEND COUNCIL RULES AND FIX THE TIME AT WHICH TO ADJOURN TO 11 :00 P.M.; second by Councilmember Gates. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Mayor Gintz recessed the regular meeting at 9:58 p.m. CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 9 The meeting was reconvened at 10:05 p.m. Item P: All Dav Rental Rate for Knutzen Familv Theatre Councilmember Dovey pulled the item for clarification. He then MOVED APPROVAL OF ITEM P AS PRESENTED; second by Councilmember Gates. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VI. ORDINANCES a. Council Bill #192/Parks & Recreation Commission Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PROVISIONS RELATING TO PARKS AND RECREATION COMMISSION MEMBERSHIP. (AMENDING ORDINANCE NO'S. 91-93, 93-186 AND 96-280). Deputy City Clerk Bob Baker read Council Bill #192 as presented. Councilmember Watkins MOVED TO FORWARD COUNCIL BILL #192 TO SECOND READING/ENACTMENT ON APRIL 21, 1998; second by Councilmember Deputy Mayor Park. Citizen comment received from H. David Kaplan who asked for clarification regarding alternates and term limits of the commission members. His concerns will be addressed by the Law Department before second reading/enactment. Mayor Gintz conducted a vote on the motion which carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes b. Council Bill #193/CTR Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER SECTIONS 15-200, -201, -202, -205, -206, -208, -209, -210 AND -213 REGARDING THE CITY'S COMMUTE TRIP REDUCTION (CTR) PLAN. CITY COUNCIL MEETING MINUTES April 7,1998 - Page 10 Deputy City Clerk Bob Baker read Council Bill #193 as presented. Councilmember Watkins MOVED TO FORWARD COUNCIL BILL #193 TO SECOND READING ON APRIL 21, 1998; second by Deputy Mayor Park. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes c. Council Bill # 194/Budllet Carry Forward Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1997-98 BIENNIAL BUDGET (AMENDS ORDINANCES 96-278, 96-289, 97-294 AND 97-304). Deputy City Clerk Bob Baker read Council Bill #194 as presented. Councilmember Gates MOVED TO FORWARD COUNCIL BILL #194 TO SECOND READING ON APRIL 21, 1998; second by Councilmember Dovey. Citizen comment received from H. David Kaplan. He spoke regarding the carry-forward budget. He sought funds from the City Manager's contingency fund for the development of Wedgewood Park. He stated the people connected to the project have been very patient since its master plan was developed/approved. Another $60K to $80K is necessary to complete the park with either a gravel or pavement pad. Councilmember Watkins suggested a more appropriate place to take capital money from is the Opportunity/Bond Fund which is unallocated at this time. Further discussion ensued. Mayor Gintz took a vote on the motion which carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 11 VIII. COUNCIL BUSINESS Sister City Association Commencement Date Councilmember Gates stated the English and Japanese versions of the 1993 sister city agreement provide different dates for the beginning of the affiliation. The Japanese version sets the date at August 1, 1993, and the English version uses the date February 17, 1993; thus, creating some confusion. Councilmember Gates MOVED TO SET THE INCEPTION DATE OF THE FEDERAL WAYIHACHINOHE SISTER CITY RELATIONSHIP TO AUGUST I, 1993; second by Councilmember Watkins. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes IX. CITY MANAGER REPORT Mr. Nyberg outlined the results of an April 7, 1998, Public Safety Department Start-Up Summary. He concluded the report by stating the Police Chief, his staff and department deserve the highest of commendations for all of the accomplishments made in such short time. All City departments have worked hard and continue to do so to ensure these achievements and community policing occur. It is with the continued support shown by the Council and community, through a combined total commitment to work together for a safer Federal Way, that the true community policing can be achieved. Mr. Nyberg also reported the need for an approximate :30 minute executive session, with no action being anticipated. X. CITY COUNCIL REPORTS Councilmember Dovey reported the next Parks, Recreation, Public Safety and Human Services Committee meeting is scheduled on April 13, 1998. Councilmember Watkins noted the next Land UselTransportation Committee meeting is scheduled for April 20, 1998. Councilmember Burbidge reported she did not vote on the consent agenda due to her board membership with Centerstage. CITY COUNCIL MEETING MINUTES April 7, 1998 - Page 12 Councilmember Gates noted the April 28 Finance/Economic Development meeting had been rescheduled to April 21 at noon. Further she announced the need for an April 21, 5:30 p.m. meeting to discuss Regional Governance and Finance issues. Finally, she noted an April 30 Budget Retreat meeting. Councilmember Kochmar had no report. Deputy Mayor Park reported on regional issues. He noted he'll attend the AWC Large-City Committee meeting on Tuesday the 14th of April. Mayor Gintz reported he'll attend a South King County Mayors Association Meeting tomorrow. At 10:49 p.m., Councilmember Watkins MOVED TO SUSPEND COUNCIL RULES TO WORK BEYOND 11:00 P.M.; second by Councilmember Gates. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes At 10:50 p.m., Mayor Gintz recessed the regular session for Council to convene executive session. X. EXECUTIVE SESSION LitilZation/Pursuant to RCW 42.30.110(1 )(i) At 11: 18 p.m., Mayor Gintz reconvened the regular meeting. No action occurred. XI. ADJOURNMENT Having no other business to come before the Council, Mayor Gintz adjourned the regular meeting at 11:18 p.m. fdmj 1-{ .fu~ Robert H. Baker Deputy City Clerk