Council MIN 12-19-1989 Regular
aem'he"E- 19, 19R9
__esday, 7:~O p.m.
CALL TO ORDER
PLEDGE eE ALLEGIANCE
TO THE FLAG
ROLL CALL OF CITY
COUNCIL MEMBERS
PRESS ATTENDANCE
APPROVAL OF
~nTUTES l2/Sj'?C¡'
OLD BUSINESS
COMMITTEE REPORTS
Human Services
Committaa - Meet
12/21/89
7:30 a.m.
Land Use
Transportation
Planning Committee
Meet 1/8/90
7:00 p.m.
COP"
~EDERAL WAY CITY COUNCIL
RE.GULAR MEETING
Municiual Building
Council Chambers
MINUTES
Mayor Debra Ertel called the meeting of the Federal
Way City Council to order. The Colors were pre-
sented by Boy Scout Troop No. 361 under leadership
of Scoutmaster Clifford McCollum. Shawn Francis led
the assembly in the Pledge of Allegiance to the Flag.
DEBRA ERTEL, MAYOR, MARY GATES, DEPUTY MAYOR, JAMES
HANDMACHER, JOEL MARKS, ROBERT STEAD, LYNN TEMPLETON,
AND JAMES WEBSTER.
KURT HERZOG, Federal Way News (Official City News?aper)
MICHELE FLORES, Seattle Times and JOE TURNER, Morning
News Tribune.
MOVED Rv ~EBSTER, SECONDED BY STEAD, T~ A~END THE
MINUTES OF 12/- 5/8~ COUNCIL MEETING WITH CORRECTIONS
AS FOLLOWS: Pg. 2, Lines 6-7 from bottom of page,
i::lsert wott!::."library" has not changed in many years--
Pg. 5, Line 2 from bottom of ~age, R~LL CALL VOTE ON
ANNEXING TO FIRE DISTRICT #39, AVE: GATES, HANDMACHER,
TEMPLETON, WEBSTER AND ERTEL. NO: MARKS, ABSTAIN:
STEAD. CARRIED. Pes. 6, Line 3 from bottom of page-,-
"Sexual Assault Resource Center." ,p?;.. .6.,.LineI9,-.20
MOVED BY GATES, SECONDED BY MARKS: ~b'tONCDR. CARRIED.
City Attornev to check document as to prover legal
form. (Ex-tendin¡:r, Auburn Deuositorv Agreement to
2/28/9.0!:.} MOVED BY TEMPLETON, SECONDED BY '1ARKS, TO
APPROVE THE MINUTES 0"1" l2/s.~/89- AS AMENDED. CARRIED.
Human Sarvices Committae Chairman Templeton announced
12/21/89 maeting at 7:30 a.m. to hear Roberta
McDonald, TLC, Drug and Alcohol Counselling Program.
~ommittee members Gates and Marks.)
Land Use and Transportation Plannin~ Committee Chair-
man Handmacher announced January 8 meetin~ at 7:00 p.m.
The committee has reviewed the draft Comprehensive
Plan, final adoption to be considered at continued
hearing, January 23, 1990. The Zoning Code has been
reviewed with consultants; Ron McConnell td report
back January 8, 1990. Other matters under committee
study include S.W. 344th from Campus West to SW 21st.
The County did an impact study for alternatives. No
action recommended at this time on these matters.
MOVED BY HANDMACHER, SECONDED BY STEAD, TO AUTHORIZE
CITY '1ANAGER LOCKE TO HIRE KAY SHOUDY., (Consultant
of Wilsey & Ham/Pacific, two days per week throu~h
~/2S at ryresent hourlv rate. to act as advisor and to
, COUNCIL MINUTES
December 19, 1989
(cont.)
"Land Use/Trans.
PIa n. C omm it tee
(cont.)
Budget/Finance
Committee meeting
Jan. 2, 1990
7:00 a.m.
Public Services
Committee meeting
Friday 12/22/89
7:30 a.m.
1/10/90 Public
Comment Desired
Level of Police
Services.
Personnel and
Facilities
Committee
Meet 12/27/89
7 :30 a.m.
Personn~1.
MedicallDental
L if e Benef its
Parks, Rec~e2tion,
CuI tU rat-, Af,~ à:i,r s '
Comm it tee
Consent Agenda
Vouchers 50468-
50477 $38,509.11
check availability of personnel loan from other cities
regardin~ building permits, etc.; City Manager Locke
to continue to ne~otiate with the County regarding
permit services in event the Federal Way Department
is not in place by March 1. CARRIED.
SANTA ARRIVED, DISTRIBUTING CANDY CANES THROUGHOUT THE
ASSEMBLY AND ¥ISHING ALL A MERRY CHRISTMAS.
Budget/Finance Committee Chairman Gates announced off-
Tuesday meetings and 1/2/90 meeting 7:00 a.m. The
1990 Budget is in process, the committee also working
on revenue and expenses. Adoption of Final Budget ~ill
be considered at 1/23/90 hearing. (Committee Members
~'¡ebster and Marks) City IS insurance is retroactive to
9/2 8/8 9~,.ah'a,.!Í:r-'m.an Gates was happy to report.
Public Services Committee Chairman Marks announced
meeting oñ Friday at 7:30 a.m. Committee has reported
~o-Cify'Martager-Locke regarding Kent Jail Services
contract and is meeting with the City Manager regarding
Public Works,information also being gathered from the
County on Public Services and if those services might
be contracted.The Committee will meet January 10 for.
public comment regarding desired level of police
services. (Gates and Stead Committee members.)
Personnel and Facilities Committee Chairman Stead noted
his committee meets the second and fourth Wednesdays,
(Webster and Ertel serving on this committee.) Meeting
was announced for Wednesday, December 27.at 7:30 ~J!\i'.j Medical
Dental/ Life benefits package report is ready.Mr.Ray
Tomlinson had submitted various plans, reviewed by
Council, committee recommendation now ready.
MOVED BY STEAD, SECONDED BY HANDMACHER, TO ACCEVT THE
"OpT ION B PLAN" SU BM ITTED THI SA. M. The pro po sal wa s
noted to be very clear and concise, staff and committee
commended. MOTION CARRIED.
Parks, Recreation and Cultural Affairs Committee
Chairman Webster announced meetin~ on Wednesday, at
7:30 a.m. Agenda included ~o refine and finalize
ëommittee recommendations on 1990 Budget requests. also
,a, presentation by Star Pack group regarding development
of a Performing Arts Center.
Finance Committee Chairman Gates reported Vouchers No~.
50468-50477 , have been reviewed and approved by the
Committee and Council approval for payment recommended
at t his t im e .
MOVED BY TEMPLETON, SECONDED BY GATES, TO APPROVE
THE VOUCHERS AS SUBMITTED. CARRIED.
(2 )
COUNC¡L MINUTES
De~ember 19, 1989
(cont ~ 1-
ORDINANCES/
RESOLUTIONS
ORDINANCE 89-12
Imposing Leasehold
Tax
ORDINANCE 89-13
Uniform Appeal
Period
ORDINANCE 89-14
General Penalty
for Ordinance
Violation
RESOLUTION 89-11
Adopting an Interim
Bu d get, 1 / 1 / 9 0 -
2/27/90
RESOLUTION 89-12
Approv. Particip.
in PERS.
Finance Committee Gates advised if buildings are
~tatEu~r County owned the City may not ~91Iect'~roperty
tax/may collect leasehold rental tax, rather than the County
Ordinance of the City of Federal Way, WA. was placed
on ~inal rteading imposing a Leasehold Excise Tax,
enabling the city to obtain the local share of
existing taxes imposed by the State and King County.
MOVED BY TEMPLETON, SECONDED BY MARKS, TO ADOPT THE
ORDINANCE AS READ. ROLL CALL VOTE: ALL AYES. CARRIED.
An Ordinance of the City of Federal Way, WA. was
placed on Final feading establishing a Uniform Appeal
Period in the absence of said appeal period being
established either by Ordinance or State Law.
MOVED BY HANDMACHER, SECONDED BY MARKS, TO ADOPT THE
ORDINANCE AS READ. ROLL CALL VOTE: ALL AYES. CARRIED.
Ordinance of the CIty of Federal Way, WA was placed
on final ~eading establishing a General Penalty
Provision for violation of City Ordinances where a
Specific Penalty is not otherwise provided.
MOVED BY MARKS, SECONDED BY STEAD, TO ADOPT THE
ORDINANCE AS READ. ROLL CALL VOTE: ALL AYES. CARRIED.
Resolution of the City of Federal Way, WA. City Council
was read adopting an Interim Budget prior to
Incorporation for the period of January 1, 1990,
through February 27, 1990.
MOVED BY MARKS, SECONDED BY GATES, TO ADOPT THE
RESOLUTION AS READ. CARRIED.
A Resolution of the City Council of the City of Federal
Way, WA. was read authorizing and approving
participation in the Washington Public Employees
Retirement System.
MOVED BY WEBSTER, SECONDED BY GATES, TO ADOPT THE
RESOLUTION AS READ.
Discussion ensued against the motion regarding less
interest from State vs. Private Plan; incorporation
purpose being for local control; State unfunded
liability, lack of adequate information. Discussions
for the plan W~Ãe committee had spent a lot of time
looking at all aLternatives; there is a defined
benefits system and defined contributions, risk is
on the system and employees, the biggest factor being
portability upon hiring people from other cities.
Every City in the State except the 3 large 1st class
cities belongs to PERS and when they change jobs they
don't want to go into another system, the 3 private
(3 )
Fe~erql Way Council Meetin~
Minute's 12../19-/89- lCqnt..l...
ESOLUTION NO. 89-12
(Cont. )
large city plans the same as PERA since they
have enou~h people to form their own benefit
plan. After 1istenin~ to all of the input the
committee decided to recommend PERS.
Counci1members remarked that although not
comfortable sometime ago, a lot of new informa-
was received and no maior opposition could be
found to PERS and no ~ood reason not to support
PERS was evidenced.
Upon inQuiry re~arding council being covered,
it was noted a certain salary level must be met;
the city attorney advising PERS I had been open
to council but not PERS II.
In further comments it was noted that comments
against PERS had validity, however, it was
desired that Federal Way be the very best city
possible and that requires bringing in the very
best personnel possible and not joining PERS
would result in people not wanting to come to
work for Federal Hay.
It was again pointed out that the State has
unfunded public liability which is going to
be Daid; Non-union not on PERS and will do a
a lot better; as far as good people, Tacoma,
Seattle and Spokane have adequate people. ~e
could copycat; if people on pension are vested
with 5 years of service they could come here
and remain vested; also if someone comes here
from elsewhere they would not care if they
have PE~~; will get some people from out of State.
~ .
. - --.-.
.' ::: - . - J
~uestion was called on the pending motion.
AYK: F.ANDMACHER~ STEAD, TEMPLETON', HEB~;TER,
ERTEL, N'O: MARKS ABSTAIN: GATES (Husband
handles pension fund investmentsL
As there was no further discuss~on of the
.matter, Mayor Ertel declare.d a 5,...minute recess.
The meeting reconvened at 8:10 p~m. with all
council members present as p.reviously li.sted.
~U:.~!¡ ~C ' ~~ ~~?/;-
rRE.~EN'J:AT~O~ BY
KAY SHOUDY., DRAFT
CO!1PR,ERENS rYE PLAN
Mayor Ertel introduced Kay ShbudYi~onsultànt,
with Wilsey & Ham/Pacific, Land Use Planning,Inc.
who explained the purpose of the plan~ why it is
necessary and some of the major land use changes
made~ Maps displayed on the wall with color
coded areas were used in explaining the five
parts of the plan: 1, Housing/Population~
2. Commercial/Industrial, 3, Open Space,
4. Natural Environment and 5~ Transportation.
It was noted that the plan has been drqt;ted to
meet mandatory reQuirements of the Optional
Municipal Code. The Land U~e Policies ana Maps
lead to the city's regulatory system, serving
as a guideline and providing framework for the
(4 )
Federal Way Council Meeting
Minutes, 12/19/89 (cont.)
URESENTATION BY KAY
SHOUDY,CONSULTANT.
Federal Way Comprehensive
Plan (cont.)
PUBLIC HEARING
OPENED FOR COMMENT
CORRECTED - REFER TO
MINUTES OF 1/9/96-
translation of King County plan into the
Federal Way Plan. As soon as the city is
incorporated and has a Plannin~ Department
the permit process can begin.
City Center boundaries were defined:Not<1d!l.~' SH
3l2th, 11th Ay:e~~:g..'c.on.:the, Hës.t::,I-5', East"and
S~W. 336th on the Bouth.
OIf1ce Parks area croaaened; R.M. only in
the city center (peach); High Density resi-
dential Use (Gold), Urban residential 8-12
dwellin~per acre. Combined agricultural
use into very low density residential, 1
dwelling unit per acre and 1 per 5 acre tract,
Two separate zonings. 2-3 dwellin~s per acre
(light green) Low density focused on environ-
ment sensitive areas. Community business and
neighborhood business. Central Business will
be eliminated in most areas except 21st and
336th and will remain community business areas.
Neighborhood business will become more re-
st¡ricted and limited in size. r. Zoning for ~
RM"1800-2400 would be limitedf 900 developmen~
density would bereatricted to the ~ity center.
'R~ 900' would/ß&hgöK~Sånd would go to Single
F&mily. Open Space is incorporated into one
category. Consultant Shoudy concluded her
presentation, attention called to new revisions.
Land Use and Transportation Committee Chairman
Handmacher noted list of corrections compiled
by the Committee to be incorporated into the
plan; the RR 900 classifications outside of
the central business district to be chan~ed;
thwse now developed for Professional Offices
will remain. Those not yet developed will be
changed. The maps displayed tonight will be
considered by the committee in later meetings,
the hearing to be continued. The Comprehensive
Plan is not a regulatory document. Ordinances
will be adopted in accordance with the Community
Development Plan, which is an~advisory guideline.
Neither the maps nor plans are final documents
but it is the intent to get them in place by
incorporation in order that the moratorium can
be lifted. Full public process to involve
citizens committee at a later date the present
documents for transitional purposes.
THIS BEING THE DATE SET AND PROPER PUBLICATION
AND POSTING REQUIREMENTS HAVING BEEN MET,
MAYOR ERTEL DECLARED THE PUBLIC HEARING ON THE
FEDERAL WAY COMPREHENSIVE PLAN NOW OPEN
FOR PUBLIC COMMENT. Communications were acknow-
ledged from investment property owners Marvin
Johnson, Edward Novak, Deonald E. Minahan and
Oscar I. Hanson; from Robert S. Roper, President,
Mirror Lake Residents' Ass'n. and Ilene Marcky.
(5 )
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Federal Way City Council
Regular meeting
Minutes 12/19/89
Speakers at 9ublic Hearing on Comprehensive ~lan for Federal Way
1. Frank Kilgore, 30427-lst Place So., Federal Way - complimented
the council on their job - was unhappy about campaign signs and other
signs left after the fact - doesn't want more apartments built -
wants more single family dwellings - we need industrial park to bring
in people and jobs - we don't need anymore small office buildings as
too many are empty at this time and should make contractors sign
agreements to complete occupancy at time of building - unhappy because
apartment dwellers don't pay property taxes for schools, etc.
2. Bob Wojnicz, 941 S. W. 296th St., Federal Way - complimented the
committee and the consultant who worked on the comprehensive plan for
the good job - concerned about wetlands and the area around the sound -
happy they are maintaining low density areas in those locations.
33603-33rd Pl. So., Federal Way,
3. John Mingus/- in looking at map he can see his residence is
excluded from Federal Way area, but would like to say that he is
concerned about the impact that Federal Way could have east of 1-5,
which is a rural area- seems that the major concern of the land is
the dollars and cents and he feels that we need to remember that trees
and natural vegetation and clean water and air is the basis of life
that goes on with good economic and other things the city has to offer,
so let's not turn the evergreen state into a never green state.
#G-10l
4. John Metcalf, 208 S. W. 3l9th Lane,/ Federal Way - expressed concern
regarding the high density area in the central area only, and especially
the Belmore Park area, that if the prices rise many of the tenants will
find themselves evicted, so that high density apartments could be built
doesn't know what can be done to protect current mobile home parks,but
he is hoping something can be done since most of the people residing
in those parks are wanting to make their residences their permanent
and final residences for their retirement years.
5. Richard Feutz, 2329 S. 304th, Federal Way - wants to talk about
Ordinance 9154 - earlier Dick Burris, President of DIRE, sent message
that should have been heeded alitt1e closer than it was; he asked
that the city council take a look at the application of controls of
9154, today he attended a meeting on the Evergreen Airstrip where the
city sent a representative to ask for a 2-month continuance from the
county, so that the City of Federal Way could exercise control - he
doesn't think this should have been continued for that period of time.
349l5-4th Ave. So., Federal Way,
6 . I 1 en e Mar c kY./ - she fee 1 s Fed era 1 Way s h 0 u 1 d con sid era pre - 0 r din a n c e
like Mercer Island had, where the community gets out and doesn't quite
trust the planners, so that they can get out in front of commercial
disasters such as Emerald Forest where the area is stripped of its
natural habitat and vegetation - doesn't mean that it will be
over-restrictive, but just' protects trees and their removal with
good cause, i.e., Peasley Canyon, Lakota Canyon and Redondo Canyon -
- q-
..;.-~._. '{''~J ,"'-",..-.. "~_V"'.J
Minutes 12/19/89
PUBLIC HEARING - COMPREHENSIVE PLAN
AUDIENCE COMMENTS
(Cont. - Ilene Marcky)
green banks should be protected on at least one side of the canyons -
trees should be left in front of developments to make them more
pleasing for people - commercial signs should have some direction
in essential aspects, such as colors, etc. - residential should be
able to use just one tasteful and pleasing sign - one area that
bothers her is 348th and intersection of 1st Avenue (across from
Emerald Forest) there is a high bank with trees, but has heard
~umors of what it will be used for in the future, originally it was
to be used for office complex only, but if zoning is changed doesn't
know what might be allowed to go in, so she hopes the council will
keep a ~lose eye on this area.
7. Mark Freeland, 31433-49th Pl. S. W., Federal Way - wanted to
commend the council on their work so far - lives in Dash Point area -
he feels most people in the Federal Way area live here because of
the environment - sensitive areas are very important and even though the-
provide a non-monetary benefit to the residents they are necessary to
future use.
8. Rob Reuber, 1515 So. 350th, Federal Way - he represents Evergreen
Industrial Park - he is concerned about the areas that bring in alot
of property taxes and in looking at the zoning map there is a real
opportunity for the 83 acres of land, so that it fits into the planning
of the area and becomes productive use that will produce alot of jobs
and feels that we need to generate those tax dollars and bring those
projects into the area.
Mayor Ertel then asked if there were any other people who would like
to speak on the comprehensive plan and sincp there were none, it was
.MOVED B'f",HANDMACHER, SECONDED BY MARK$,-rO CONTlI'iU-E T~E::HFARING ON THE-
~OMP.REHENSIVE".p-LAN ,10 January 23, 1990. THE MOTION ,',CARRIEÒ'. '
~UDIE~CE_CQr~H~ENT: .'. -'
The following people addressed the Ccun¿t1PD various other issues.
1. Ray McMullin, 1205 So. 3l5th, Federal Way - has a question - if
people are going to develop a new area as an industrial type area, is
there anything going to be done to keep the trucks off 99 and 348th
and from them skirting the weigh station on the 1-5 or is it going
to remain as it is now?
368th & 2nd. SW
2. Ed Ewart/ - concerned about an area around 368th and 2nd Ave.
that is torn u~ because of construction, as well as contractor leaving
around lumber - he is concerned that children playing in area could
be injured or cars at night might not see the debris since there are
no street lights, etc. in the area. He has called King County, but
they referred him to contractor who has not done anything yet.
3. Ray Tomlinson, 2223 S. W. 307th, Federal Way - at first thought
he was in Russia- allowing PERS to become effective - 2 weeks ago
the committee came to the council and wanted to pass a resolution
without hearing any comment or public comment and the :mat:ter"wël:,S ,',., ,
sent back to committee but fell on deaf ears - feels private insurance
-if.
Federal Way Council Meeting
, Minutes - 12/19/89
PUBLIC HEARING COMPREHENSIVE PLAN
AUDIENCE COMMENt:
(Cont. - Ray Tomlinson)
will produce a much better return for retirement monies - he said
the council had been told some:~ings this evening that are incorrect
and the council voted on them without public comment - he feels
employees will come to the City more with a private retirement because
it is better - he has very negative feelings about PERS and wants
the council to reconsider the. motion and votes to join PERS.
4. Ed Opstad, 29604-11th Place So., Federal Way - first he would
like to commend the council for the land use hearing tonight - he
thinks it is timely and good that no firm decisions have yet been
made - .he was uneasy the last time he was at council meeting when
they were discussing the fire district because by the time it came
to public hearing everybody's mind was already made up - he mentioned
the council had been criticized tonight on the PERS issue and there
is alot of feeling on this issue that has not been resolved - he
doesn't think the full impact of PERS is clear to everyone, so he
would like to see the council propose a motion to reconsider on
this issue and then have another committee and public meeting, i.e.,
January 9, 1990.
5. .Bernard Sweeney, l6010-16th Ave. So., Federal Way - wanted to
make a very general comment - he is very disturbed about the amount
of new traffic signals that are appearing in the area and feels that
most of. them are unnecessary, in fact, he doesn't feel any of the
new ones are necessary - another thing that would save $3,000,000
would stop allowing left-hand turns on 16th Ave. So. onto Highway 18 -
there should be an overpass there.
There being no further business to come before the counci 1, the
Mayor adjourned the meeting at 9:15 p.m.
~føw (/. ~4L
De ores A. Mead, Ci y 'Clerk, CMC
f?Jl~ ~
Debra Ertel, Mayor
."
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