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.
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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.
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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
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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 .
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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.
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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.
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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.
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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.
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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.
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