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Council MIN 12-05-1989 Regular December 5, 1989 -Tuesday, 7:00 p.m. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS STAFF PRESENT PRESS ATTENDANCE FEDERAL WAY CITY COUNCIL REGULAR MEETING Municipal Building Council Chambers M I NUT E S Mayor Debra Ertel led the Pledge of Allegiance and called the meeting of the Federal Way City Council to order. DEBRA ERTEL, MAYOR, MARY GATES, JAMES HANDMACHER, JOEL MARKS, ROBERT STEAD, LYNN TEMPLETON AND JAMES WEBSTER. ALLEN LOCKE, CITY MANAGER, PAT FLOYD, ASSISTANT CITY MANAGER AND DELORES MEAD, CITY CLERK. KURT H~RZOG, Federal Way News (Official City Newspaper) MICHELE FLORES, Seattle Times and JOE TURNER, Morning News Tribune. APPROVAL OF COUNCIL MOVED BY MARKS, SECONDED BY TEMPLETON, TO APPROVE THE MEETING MINUTES COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 1989; REGULAR MEETING OF NOVEMBER 21, 1989 AND SPECIAL MEETING OF NOVEMBER 28,1989 AS WRITTEN. CARRIED. ANNOUNCEMENTS- MAYOR'S REPORT Mayor Ertel reminded Council of Committee of the Whole 7ilsey Ham/Pacific' meeting December 6, 1989 at 7:00 p.m. with Wilsey Ham/ ~and Use Planning Pacific, Land Use Consultants. Also, December 7, 1989 Consultant Report meeting to allow public input regarding specific Public Comment- properties and zoning matters. Specific Properties/ Zoning Suburban Cities Assn. Annual Legis. Dinner Meeting UMTA Meeting Government/ Entrepreneur Part. Trans. Related Program Reviews CONSENT AGENDA VOUCHER APPROVAL Nos. 50144-50149 Mayor Ertel reminded Council of Suburban Cities Assoc. invitation to its Annual Legislative Meeting. R.S.V.P. required. City Manager Locke will respond. 6:00 p.m. SCA Business Meeting, 6:30 p.m. Social hour, 7:30 p.m., Dinner Meeting. Mayor Ertel reported attendance at the Urban Mass Transit Assoc. meeting regarding government and entrepreneur partnerships. UMTA is seeking transportation related programs, a great variety in existence. Copy of brochure will be provided. Finance Committee Chairman Gates submitted vouchers 50144-50149, previously reviewed and approved by the Committee, and recommended Council approval, "in 'sum of $3,665.60. MOVED BY MARKS, SECONDED BY TEMPLETON, COUNCIL APPROVE THE VOUCHERS AS PRESENTED. CARRIED. -1- COpy COUNCIL MINUTES December 5, 1989 ORDINANCES/ -"'C::SOLUTI ONS ORDINANCE NO. 89-9 Annexing to King Co. Library Board AUDIENCE COMMENT CORRECTED - REFER TO MINUTES OF /~/19/~9 Ordinance was read declaring the intent of the City to join and be annexed by the King County Library District, requesting the concurrence of the District Board of Trustees, and requesting the County Council to call a special election in the city and the district for February 6, 1990, for the purpose of submitting the annexation to the voters. MOVED BY STEAD, SECONDED BY WEBSTER, TO SUSPEND THE RULES AND PLACE THE ORDINANCE ON SECOND AND FINAL READING. CARRIED. Audience comment was invited. Joy Werlink, 4250 South 290th Street, Federal Way, Federal Way Library Board Member, noted existing services and felt no city benefit apparent from either independent system or contracting for services. Burleigh Cubert, 2406 S. W. 3l7th Street, Federal Way, Library Board Member, noted no cost benefit analysis (cost v. county rate of 50~) in evidence and urged the city contract first and annex at a later date. Council Member Mary Gates advised that acceptance of the agreement for library services and annexation will result in three libraries in Federal Way. As there was no further public comment, Council Member Handmacher called for the question on pending motion for second and final readings. The ordinance was read. MOVED BY HANDMACHER, SECONDED BY WEBSTER TO ADOPT THE ORDINANCE AS READ. MOVED BY STEAD, SECONDED BY MARKS, TO AMEND TO INCLUDE AUTHORIZING MAYOR TO SIGN THE AGREEMENT FOR LIBRARY SERVICES, PENDING ANNEXATION INTO THE LIBRARY DISTRICT. CARRIED. Discussion ensued, Council MemBer Marks advising annexation to be the best way to go due to the 50~ rate and contracting not giving the city benefits given by annexation. ROLL CALL VOTE WAS TAKEN ON ORIGINAL MOTION, AS AMENDED, ALL AYES. MOTION CARRIED. Council Member Handmacher noted his concern that Federal Way has not changed for many years; the library has always been inadequate. However, with passage of the ordinance and agreement executed tonight the problem will be eased. Retaining existing services and addition of a third library was felt to bring significant improvement. -2- COUNCIL MINUTES December 5, 1989 ORDINANCE NO. 89-10 lexing to King Co. rlre District No. 39 AUDIENCE COMMENT Proposed ordinance was placed before the Council declaring the intent of the city to join and be annexed by King County Fire Protection District No. 39, requesting the concurrence of the District Board of Fire Commissioners, and requesting the County Council to call a special election in the City and the District for February 6,1990, for the purpose of submitting the annexation to the voters. Audience comment was invited. John Metcalf, 208 S. W. 319th, G-10l, Federal Way, urged placement of the Annexation on the ballot February 6,1990. Annexation does not preclude contracting noting deannexation pos sib i 1 ity. Ray Tomlinson, 2223 S. W. 307th Street, Federal Way, favored the annexation, stating there should, however, have been a committee for input. Jeff Paradee, 3l602-45th Place S. W., Federal Way, cautioned against loss in class rating and indicated his support. Assistant Fire Chief Boyd Johnson expressed support noting the city would go far to find a better Fire Department, citing from his experience in a King County Fire Class 5 District, that people might pay more than the Class 3. Bob Heunich noted 36 square mile service area, expressing concern regarding cost to those within the 20 mile area and possible "free ride" for those in the 16 miles outside. Carolyn Smedley noted options were not clear as to benefits. She advised of needed changes regarding 200 units of apartment housing and suggested not rushing, but continue with present fire services. She would support proposed annexation with full input from knowledgeable people. Lyle Goodrich noted his service of 14 years in the Everett Fire Department and 19 years for this State in fire service training; also, in California setting up a Fire Academy. He stated homeowners get the same rate in Class 3 as in Class 5, and other fire services. He expressed bias toward the city taking over and operating the fire department, expressing contracting preference. Attention was directed to 3-year Sunset Clause provision for deannexation and division of assets. Jim Osborne, Chairman of Fire Board of Commissioners, endorsed prior comments that Federal Way has an excellent fire department and staff, and if final action is to do nothing, four commissioners would be off the Board and many years of experience and expertise would be lost. He noted citizens outside the city -3- COUNCT,L M;T,NUTES D e.c ern b e.r 5, 1 9 8 9 Public Comment 1n t. would not get a free ride but would continue to pay full $1.50 for the fire department to provide services. Over 80% of the total cost of the fire district is payroll and fringe benefits so there is little room for cutting costs. The manpower provides the service that allows the Class 3 rating. A $90,000.00 cost reduction resulted when the Class 3 was initiated. Brad Smith noted 3 year period allowing for deannexation upon vote of the people. Also, Council can put the issue on the ballot. Rebuttal to "if not broke, don't fix." As Lieut. with fire services in Broken Mission Plaque was read denoting oath and fireman's creed of dedication to service~ Council was reminded that doing nothing would nearly eliminate the present Board of Commissioners and destroy the fire district reputation, and loss of control would result. Bud Thor son, Federal Way Fire CRief, called attention to the Transition Team report urging prompt ~ouncil ac t ion so they can be adv i sed of takeover or annexati on upon the incorporation date, and move forward with funds as soon as possible. If nothing is done the department will move backwards, the Commissioners would lose their positions. Also, a five million dollar department would be forced to operate with 4 out of 5 new Commissioners. new legislative body could have major detrimental effect on continuity of fire protection. The Department has responsibility to the people outside as well as inside. Those outside still pay the same amount as those inside if annexation is effected. A Greg of Puyallup favored the option of doing notning and allow the District to continue to provide servides through next year, anticipating trouble at a later date if annexed. He suggested if annexation does not occur and the Commissioners resign they might be replaced with past Commissioners so there would be some people knowledgeable about the Department present. Jack Stanford advised he was the newest Fire Commissioner and also represented the City as Insurance Agent. Attention was called to the fact that there is a big impact on homeowners insurance if located in Class 3, 4 or 5 fire district, possibility of going back to a 6 suggested if level of fire service is severely lessened. Chamber of Commerce insurance rates were significantly reduced when the City went to a Class 3, also Sea Tac Mall, exposure less if annexed. When contracting, 10% of the rate of running the fire department. Impact also as regards election in 3 years. As there was no further remarks, Mayor Ertel closed the Pu bl ic Commen t . -4- COUNCIL MI,NUTES De.ce~be.I7 5., 1989 ORDINANCE 89-10 -",ont.) ,..NEXING TO FI RE DISTRI CT NO. 39 CORRECTED'REFER~ MINUTESOF /~/9. 4 MOVED BY WEBSTER, SECONDED BY HANDMACHER, TO SUSPEND THE RULES AND PLACE THE ORDINANCE ON SECOND AND FINAL READINGS. ROLL CALL. AYE: GATES, HANDMACHER, STEAD, TEMPLETON AND WEBSTER. NO: MARKS. MOTION CARRIED. The ordinance was read. MOVED BY TEMPLETON, SECONDED BY WEBSTER, TO ADOPT THE ORDINANCE AS READ. Councilmember Handmacher expressed excitement at listening to the discussion tonight. After all the years of trying to incorporate, it was nice to see the level of interest and involvement tonight. His concern had been at not having a full explanation of options. , However, the fire department is an excellent department and there being no apparent problems, no compelling reason exists not to continue with that service at this time. His conclusion is to place the issue on the ballot. Councilmember Marks deemed the fire and police departments to be one of the most important services, members laying down their lives each day in exemplary service, this being one reason for also favoring the contract. Another reason for fävorírtg-is his belief that through the contract the City will have control and as history dictates it is not likely the city will deannex in 3 years. The contract will provide opportunity to still negotiate and study, which is the Council~s responsibility. Councilmember Templeton noted councilmembers are elected to make tough decisions and this has been an important one. One of the best things about living in Fede~al Way and raising children here is that there is a good fire department. The leadership is special in the fix:e department and in the elected Commissioners. Council option of putting 4 of 5 out on the street was deemed questionable action. The fire equipment and fire fighters are all in place and Councilmember Templeton stated in event his house were on fire or his child hit on a bike he would want to know everything is in place to pwovide adequate service, arid passage of the annexation was strongly urged. Councilmember Webster, noting no greater accountability than in direct vote of the people, called for the question on the pending motion to adopt the ordinance annexing to Fire District 39. ROLL CALL: AYE: GATES, STEAD, WEBSTER, MARKS and ERTEL; NO: TEMPLETON; ABSTAlr~: HANDMACHER; MOTION CARRIED. MAYOR ERTEL DECLARED A 3-MINUTE RECESS. -5- COUNCIL MINUTES December 5, 1989 OLD BUSINESS r~~MITTEE REPORTS Id Use Pl anni ng and Transportation Committee. Wilsey/Ham Pacific - Land Use Planning Consultants Meeting 12/11/89 7:00 p.m. Budget/Finance Insurance Committee M~åtings ÉRanged to 2 and 4 Tuesdays 7 :30 a.m. Extension of Agreement-Auburn Depository, to February 28, 199~ \econfirm A~reement ,-lith Federal 1'¡ay ~'!a t er and Sewer District for Payroll Services I'nteJJim Budget, January 1- Feb. 28, 1990 New City of Federal Way 199.0 Budget Land Use Planning and Transportation Committee Chairman Handmacher announced meeting of the committee on December 11,1939, at 7:00 p.n. with Wilsey/Ham Pacific, Land Use Planning Consultants. Interest of the school district in land use was noted as regards to the number of people coming into the community, so the number of children can be anticipated. (Work of the committee was commended by the Councilmembers.) Budget/Finance and Insurance Committee Chairman Gates reported change in regularly scheduled committee meètings to Tuesdays at 7:30 a.m. (Meet at 7:30 when council does not meet and immediately following the council meetings on the 1st and 3rd Tuesdays.) Committee Chairman Gates submitted Budget/Finance Committee recommendation to extend Auburn Interlocal Cooperation Agreement through February 28, 1990, the date of city incorporation. MOVED BY GATES, SECONDED BY MARKS, TO CONCUR ~ITH REFERRAL TO ,THE CITY ATTORNEY FOR PROPER Ar~ENDt~E[H TO DOCUMENT. CARRIED. MOVED BY GATES, SECONDED BY TEMPLETON, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO RECONFIRMED AGREEMENT "rTTff FETIERAL WAY WATER ANTI SEWER DISTRICT FOR PAYROLL SERVICES. CARRIED. Chairman Gates reported work of the committee on the Interim Budget, January 1 to February 28, 1990 and on the new City of Federal Way 1990 (10 months) budget. Council will receive materials next week. Public Service Committee Chairman Marks announced committee meeting on Thursday, December 13, 1989 at 7:30 a.m. with public meeting January 10 at 7:00 p.m. Contracts are moving along, parameters for police protection in place, regarding law enforcement, visit was paid to the Kent jail, advantages in contracting seeming to be committee concensus; contractiri.gthrough District Court was determined, but have a City Viola- tions Bureau. Street maintenance, repair and CORRECTED-REFERTO constructio.t1 to be contracted, also solid waste. MINUTESOF/~/1/~' Feb. 6.. 1990,is target date for annexation elections. Public Services Committ ee December 13, 1989 7:30 a.m. Human S.e:rvices Committee DecembeJJ 7, 1989 7:30 a.m. Mary Ellen Stone Presentation Human Services Committee Chairman Templeton announced committee meeting on December 7, 1989 at 7:30 a.m. Mary Ellen Stone, Executive Director, King County Sexual Abuse Center, will be presenting to the committee a proposal to provide discretionary 1990 funding for Human Services providers in Federal Way. -6- l..UUN1..1L l'lll~U ¡ t.:::J December 5,1989 Jan. 4, 1990 ~eting re: mmunity Develop Block Grants Rep. $45,000.00 Block Grant Request; $153,000.00 Total to Acquire Trans. Housing Projects in Federal Way area Personnel and Facil iti es Committee Long-term Projection on Facilities, City Hall Use, etc. December 8, 1989, noon meeting lrks, Recreation und Cultural Affairs Committee Margaret Ward Presentation meeting December 6, 1989, 7:30 a.m. Open Space Bond Issue Projects ORDINANCES AND RESOLUTIONS Ordinance Imposing Excise Leasehold Tax Human Services Committee Chairman Templeton noted the Human Services Committee will also meet January 4, 1990, with King County Community Block Grant officer. Line item expenditures for 1990 to be provided to the Finance Committee this week. Council consent was requested for support of $45,000.00 Block Grant application concerning South King County Multi-Services Center for matching funds; approximately $153,000.00 is needed to acquire transitional housing projects in the Federal Way area; statistics reflect a great number of homeless. RESOLVED BY MARKS, SECONDED BY STEAD, TO SUPPORT THE SOUTH KING COUNTY MULTI-SERVICE CENTER REQUEST TO THE STATE HOUSING TRUST FUND PROGRAM, FOR ACQUISITION OF TRANSITIONAL EMERGENCY HOUSING IN THE FEDERAL WAY AREA, Letter Agreement authorized hereby. MOTION CARRIED. Facilities/Personnel Committee Chairman Stead advised the committee meets every other Wednesday and is presently working on organizational structures, fringe benefits and personnel policies for the City. Also, the City Manager and staff are updating and projecting facilities on a long-term basis; how long to be housed in the present facility, etc. Meeting scheduled for December 6,1989, at noon. Parks, Recreation and Cultural Affairs Committee Chairman Webster announced meeting on December 6, 1989, at 7:30 a.m.. Agenda will concern Margaret Ward continued presentation of Transitional Team Report regarding strategies for 1990 and input for the 1990 budget year. Chairman Webster reported meeting with Keith Artz and two representatives of property under development of 360th Street. The County was requesting to proceed with acquisition of properties included in the Open Space Program. The County indicated willing compliance, and will pursue title reports and appraisal. The State Parks and Recreation Commission will pursue acquisition. If affirmed, attorney will come back with a recommendation regarding the other two projects. The County will develop Interlocal Agreements to turn funds for those over to the City, acquisition to proceed thereafter. Ordinance was placed on first reading imposing a Leasehold Tax enabling the City to secure its local share of. existing taxes. The ordinance was referred back to committee. -7- COUNCiL Mli'lUIt.::> December 5, 1989 ORDINANCES AND R~~OLUTIONS (Cant.) ,Josed Ordi nance Estab1ishing a Uniform Appeal Period Proposed Ordinance Establishing a Genera1 Penalty for Vio1ation of City Ordinances ORDINANCE NO. 89-11 Amending Ords. 89-6 & 89-7 to Establish 3/1/90 As Effective Date For Imposition Of Sales Tax And Use Tax Proposed Ordinance was read estab1ishing a Uniform Appea1 Period in the absence of same having been estab1ished by State Law or other Ordinance of the City. The Ordinance was referred back to committee. Proposed Ordinance was read establishing a genera1 pena1ty provision for vio1ation of City Ordinances where specific pena1ty is not otherwise provided. The Ordinance was referred back to committee. Ordinance was read amending Section 4 of Ordinance No. 89-6 and amending Section 6 of Ordinance No. 89-7 of the City of Federal Way, Washington, to establish an effective date for the imposition of the Sales and Use Taxes as imposed by said Ordinances as of March 1, 1990. MOVED BY GATES, SECONDED BY MARKS, TO SUSPEND THE RULES AND PLACE THE ORDINANCE ON SECOND AND FINAL READING. CARRIED. The ordinance was read. MOVED BY GATES, SECONDED BY WEBSTER, TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE: ALL AYES. CARRIED. Finance Committee Chairman Gates, noted February 28, 1990 date of incorporation in Ordinances 89-6 and 7 creates havoc regardin~ State revenues. The March 1, 1990 date provides eligibility for state shared revenue. RESOLUTION Resolution of Intent to ioin Public Employees Intent to Join PERS. R~tirement System was deferred back to Committee. RESOLUTION NO. ~. Designatin,. Puget Sound Nati ona lBanlc as Depository R~solution was r~ad designating puget Sound National B~nk as the city's depository. ,-lOVED BY MARKS, SECONDED BY GATES, TO ADOPT THE RESOLUTION AS READ ~ CARRIETI. -8- Fe.de.ral Hay Regular Ci-ty Council M;inute.s Decembe.r 5, 1989 -~SOLUTION NO. 10 tablishing a Procedure for Public Notice of Hearings and Agenda NE~'¡ BUSINESS No Meeting December 26 JD I ENCE COM~1ENT Fire Chief Thorson Christmas Tree Lighting Ceremony School District Supt. Harris Resolution was read establishing a procedure for noti- fying the public of hearings and preliminary agenda ~ for City COuncil Meetings. MOVED BY MARKS, SECONDED BY STEAD, TO ADOPT THE RESOLUTION AS READ. CARRIED. Councilmember Gates inquired whether the city must supply notice to any papers and if it must be supplied in writing. City Attorney Wallace advised the Open Public Meeting Act provides for written notice for SPECIAL MEETINGS IF WRITTEN REQUESTS have been filed with the city. Councilmember Templeton reminded the assembly that Council will not meet on December 26. Counc ilmem ber Handmac her no t ed December 19, 1989, meet ing to considef adoption of the Comprehensive Plan Discussion ensued regarding meeting dates and action tó be taken. Attorney Wallace advised adoption can be either by Resolution or Ordinance. Fire Chief Bud Thorson thanked Mayor Ertel for attending the tree lighting ceremony and for "switching" on the tree lights; 100-150 people were present. Attention was called to the Facilities Committee remodeling project noting that the Council Chambers have been nearly filled to capacity recently; the maximum capacity being 50 persons. Dick Harris, Federal Way School District Superintendent, thanked the Council for attending School Board Meetings regarding the increased enrollment in the Federal Way area. City/District Cooperative efforts were acknowledged with offer of assistance to Council in any manner. System is in place to follow growth (when permits are taken out) working with both the City and County records to be helpful in allowing tracking to be accurate. Mayor Ertel reminded Council of meeting with Rod Chandler, State Representative, at 9:00 a.m. on December 6,1989. As there was no further business to come before the Council, the meeting was adjourned at 9:40 p.m. -9-