Council MIN 12-11-1990 Regular
I.
II.
III.
IV.
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CITY COUNCIL REGULAR MEETING MINUTES
city Council Chambers - City Hall
33530 First Way South
Federal Way, Washington
December 11, 1990 - 7:00 P.M.
CALL MEETING TO ORDER
Mayor Ertel called the Federal Way City Council Regular
Meeting to order at the hour of 7:05 p.m., on the 11th
day of December, 1990, in Council Chambers, City HaIl,
Federal Way, Washington.
PLEDGE OF ALLEGIANCE
Councilmember Handmacher led the flag salute.
ROLL CALL OF COUNCIL
Council Present: Mayor Debra Ertel, Deputy Mayor Mary
Gates, and Councilmembers Jim Handmacher, Lynn Templeton,
Joel Marks, Bob Stead and Jim Webster.
Staff Present: J. Brent McFall, city Manager; Sandra
Driscoll, ci ty Attorney; Ken Nyberg, Assistant City
Manager; Steve Anderson, Assistant City Manager; Jim
Shanks, Public Works Director; John Moir, Finance
Director; Jenny Schroder, Acting Parks Director; Bob
Hash, Fire Chief; Maj. Bob Evans, Police chief; Lt. Frank
Atchley, Police Operations; Maureen Swaney, City Clerk;
Greg Moore, Land Use Manager; Greg Fewins, Senior
Planner; Cheri McCabe, Superintendent/Recreation & Human
Services; Brenda Trent, Financial Analyst; Jann Hopkins,
Executi ve Secretary; Sandy Peti tt, Administrati ve
Secretary; Steve Ikerd, Superintendent/Parks Maintenance;
Chris Green, Deputy City Clerk.
Media Present: Linda Elliott, Federal Way News; Joe
Turner, Morning Tribune; Leon Espinoza, Seattle Times.
AUDIENCE COMMENT
Rick Gardner, 309 S.W. 321st, Federal Way - Concerned
about traffic problems.
Grace Leach, 29505-12th S.W., Federal Way - Opposed to
1991 budget/doesn't want taxes higher than county's.
ORIGINAL
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Two
Henry McQueen, 1201 S.W. 296th, Federal Way - Opposed to
1991 budget/wants reduction in taxes.
Bill Shortt, 4011 S.W. 321st, Federal Way - Opposed to
1991 budget/wants $1.44 tax rate.
Colleen Hill, 1222 S.W. 296th, Federal Way - Opposed to
1991 budget/objects to any tax rate higher than county's.
Ron Gintz, 29a25-24th Ave. S.W., Federal Way - Opposed to
city spending/wants better services with no new taxes.
H. David Kaplan, 30240-27th Ave. So., Federal Way -
submitted letter to council/wants tax rate kept at county
level of $1. 49.
Ralph Hose, 1420 S.W. 296th, Federal Way - Opposed to
increase in tax rate.
Bob Hoynish, 31521-39th Ave. S.W., Federal Way - Opposed
to 1991 budget/objects to any new taxes.
Rob Rueber, business located at 1515 So. 305th, Federal
Way Objects to executive session concerning real
property acquisition.
Paul Rennord, 912 S.W. 295th, Federal Way - Opposed to
1991 budget process/doesn't want levy rate set at this
time.
Russ Wolf, 230 So. 312th, Federal Way - Wants budget
process lengthened/against tax rate, staff salaries &
benefits, furniture & real estate purchases.
John Ridley, 32204-16th Ave. S.W., Federal Way - Opposed
to 1991 budget/wants lower tax rate/against air strip
purchase.
Lloyd Gardner, 30210-56th So., Auburn - Opposed to 1991
budget/gave his speaking time to Peter Townsend.
Peter Townsend, 29508-12th Ave. S.W., Federal Way -
Opposed to 1991 budget/presented visual exhibits to
council.
Lyle Whipple, 34608-4th Place So., Federal Way
Concerned about tax rate, especially for senior & single
citizens with low incomes.
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Three
Nancy Sutton, 2871 S.W. 300th, Federal Way - Speaking for
silent majority/concerned about welfare of citizens &
high staff salaries.
V.
CONSENT AGENDA
1.
December 11, 1990 Voucher
2.
Second Reading/Enactment - Ordinance No. 90-77
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE §115. 75.3 (ORDINANCE NO.
90-43) , RELATING TO LAND SURFACE MODIFICATIONS;
PROHIBITING SPECULATIVE GRADING AS AN OUTRIGHT PERMITTED
USE.
Councilmember Handmacher pulled Item #2 from the Consent
Agenda, as a roll call vote is required for approval.
Motion by Councilmember Handmacher to approve December
11, 1990, voucher; second by Councilmember Templeton.
Motion passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
VI.
INTRODUCTION/FIRST READING ORDINANCES
1.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATING TO BUDGETS AND FINANCE, ADOPTING THE 1991
BUDGET.
2.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
FIXING THE TAX LEVY FOR THE YEAR 1991.
First motion by Councilmember Handmacher to suspend rules
and place ordinance for final reading; second by Deputy
Mayor Gates.
Second motion by Councilmember Handmacher to fix 1991 tax
levy rate at $1.48; second by Deputy Mayor Gates.
Discussion: Councilmember Handmacher stated he does not
want to follow county tax rate and wants to fulfill
earlier promises made to citizens by the council.
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Four
Councilmember Marks moved to amend the prior motion by
fixing the tax levy rate at $1. 43; second by
Councilmember Templeton.
Discussion: Councilmember Marks expressed his concern
about poor, welfare and senior citizens; he does not want
any non-essentials included in the budget.
Motion to amend prior motion by fixing the tax rate at
$1. 43 failed as follows:
Handmacher No Templeton No
Gates No Ertel No
Marks Yes Stead No
Webster No
councilmember Templeton reiterated his concern about
comparing the city's tax rate with that of the county's
and instead wants to base the city's rate on the ability
of its citizens to pay such tax rate. Councilmember
Stead said he feels too much focus has been placed on
revenue and not enough on actual expenditures; wants to
keep the tax rate low with good services available to
citizens. Deputy Mayor Gates expressed her approval of
the new levy rate, which is lower than the initial rate,
and said this year's budget is a learning process for the
council, as well as citizens.
Motion to suspend rules and allow final reading on the
tax levy rate ordinance passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
Motion to approve tax levy rate at $1.48 (Ordinance No.
90-78) passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
No
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
At Councilmember Stead's request, Mayor Ertel called a
five-minute recess at 8:04 p.m..
Mayor Ertel reconvened the meeting at 8:10 p.m., with all
councilmembers present except Deputy Mayor Gates.
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Five
3.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE §§80.65, 80.75, 80.130,
80.155, 80.160 (ORDINANCE NO. 90-43), PROHIBITING
INSTALLATION AND MAINTENANCE OF LANDSCAPING WITHIN
REGULATION SENSITIVE AREAS AND REQUIRED SETBACKS AND
ALLOWING COMMERCIAL LANDSCAPING WITHIN LAKE SETBACK
AREAS.
Deputy Mayor Gates returned to the council chambers at
8:12 p.m..
Mayor Ertel placed the following ordinance (removed
earlier from the Consent Agenda) back on the agenda, to-
wit:
Second Reading/Enactment - Ordinance No. 90-77
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE §115. 75.3 (ORDINANCE NO.
90-43) , RELATING TO LAND SURFACE MODIFICATIONS;
PROHIBITING SPECULATIVE GRADING AS AN OUTRIGHT PERMITTED
USE.
Motion by Councilmember Templeton to approve Ordinance
No. 90-77; second by Councilmember Handmacher.
Discussion: Mr. McFall explained the ordinance has
received the approval of the Planning Commission with 7
to 0 vote, as well as the unanimous endorsement of the
Planning/Public Works/Transportation Council Committee.
Motion to approve Ordinance No. 90-77 passed as follows:
Handmacher Yes Templeton Yes
Gates Yes Ertel Yes
Marks Yes Stead Yes
Webster Yes
Per Councilmember Marks' request to hold the executive
session immediately, Mayor Ertel announced the agenda
order would be changed at this time, and called for any
public comment, of which there was none. Councilmember
Webster further requested an additional executive session
period of approximately fifteen minutes to discuss a
personnel matter.
VII.
RECESS INTO EXECUTIVE SESSION
RCW 42.30.l10{b) - REAL ESTATE ACQUISITION
RCW 42.30.110{g) - PERSONNEL MATTER
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page six
The council recessed into executive session at 8:15 p.m.
Mayor Ertel reconvened the regular meeting at 8:50 p.m..
Councilmember Webster requested the City Manager provide
citizen information on the proposed purchase of the
Evergreen Air Strip. Mr. McFall explained staff has been
negotiating with the owners of the property and has
reported all information to the council. The purchase
price of $12,500,000 is within the city's cap and only
twelve percent over the estimated value if the property
were condemned; he further explained that time is of the
essence since the owners have already received some
preliminary improvement approval and any improvement
would increase the property value. The owners will also
forgive approximately $30,000 for environmental clean-up,
reflecting an actual purchase price of $12,470,000.
Mr. McFall said the council needs to identify the funding
source, which could corne from the issuance of general
councilmanic bonds. other sources could be through real
estate or utility taxes. A voter approval bond is
another option, however, it would not be timely since the
owners have stipulated 75 days for closing the sale.
Motion by Councilmember Webster to authorize city Manager
to proceed with acquisition negotiations of the 84 acres
known as the Evergreen Air strip, with the city council
enacting a one-fourth of one percent excise tax to pay
off the councilmanic bonds; second by Councilmember
Handmacher.
Motion to amend prior motion by Councilmember Marks,
which would require citizen vote to approve such
purchase; second by Councilmember Stead.
Discussion: Councilmember Marks feels the council should
allow citizens to vote on this acquisition because of the
expense involved.
Mr. Townsend requested public comments be allowed. In
response, Deputy Mayor Gates explained this time is being
set aside for council questions and answers, as executive
sessions are informational only and council discussion of
the actual purchase is illegal. She would also like to
allow the opportunity for public comment, but doesn't
want the city to expend additional costs for roads and
improvements on the property, in the event the required
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Seven
approval time is not met. During earlier council
campaigns, she feels citizens expressed their desire for
additional parks within the city.
Councilmember Webster requested normal rules be suspended
to allow for public input at this time. Councilmember
Stead asked about the results of the Parks Task Force
open houses held earlier this year; Mr. McFall responded
the survey results indicated a significant interest in
additional park facilities within the city.
Councilmember Stead further stated he feels approval of
this acquisition should go before the voters, and, if
not, public comment should be allowed at next week's
council meeting. Mayor Ertel agreed with Councilmember
stead. Councilmember Handmacher said he understands and
shares in their concerns, but doesn't feel the council
has the luxury of waiting until next week, so would like
public comment allowed at this time.
with all councilmembers in agreement, Mayor Ertel called
for public comment.
Dennis Cory, 4217 S.W. 323rd st., Federal Way - Opposed
to park acquisition through excise tax imposition.
Peter Townsend, 29508-12th Ave. S.W., Federal Way -
Prefers neighborhood parks/doesn't feel councilmanic
bonds should be used so early in the city's development.
Ray Tomlinson, 2223 S.W. 307th, Federal Way - Opposed to
purchase of air strip.
Lyle Whippel - Opposed to purchase/prefers neighborhood
parks.
Barbara Gardner, 309 S.W. 321st, Federal Way - Supports
purchase/feels large park would be great asset to city.
Rick Gardner, 309 S.W. 321st, Federal Way - Opposed to
purchase/concerned about development and upkeep costs.
Ron Gintz, 29825-24th Ave. S.W., Federal Way - Opposed to
funding purchase with excise tax.
H. David Kaplan, 30240-27th Ave. So., Federal Way -
Supports purchase for future use, Le., city hall, senior
center, performing arts center.
Russ Wolf, 230 So. 312th, Federal Way Supports
purchase/feels is unique chance to acquire this type of
property.
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Eight
John Barrich - Opposed to purchase/feels city needs more
complete plan prior to expenditure of large funds.
Curt Vieter - Opposed to purchase/feels cost per acre
excessive for this area.
There being no further audience comment,
continued the council discussion.
Mayor Ertel
For clarification purposes, Councilmember Marks restated
his prior amendment to Councilmember Webster's motion,
to-wit: To allow for the air strip acquisition through
general obligation bonds by vote of the general public.
Deputy Mayor Gates requested a five-minute recess to
allow the city Attorney adequate time to respond to a
legal question by council¡ Mayor Ertel called a recess
at 9:30 p.m..
Mayor Ertel reconvened the meeting at 9:34 p.m..
Councilmember Handmacher called for the question and
explained it is not possible to allow public
authorization for sale of the bonds within the time
element restriction set by the property owners, so the
council must make a decision at this time.
Previously amended motion by Councilmember Marks failed
as follows:
Handmacher No Templeton No
Gates No Ertel No
Marks Yes Stead Yes
Webster No
Further Discussion: Councilmember Marks expressed his
concern that with the lower tax levy rate, the city would
have inadequate funds for park maintenance expenses.
Councilmember Webster said he feels the city needs
neighborhood parks, but also requires large active
recreational areas that will be an asset to the city and
its citizens in the future. He would also like to move
slower on the purchase of this property, but knows that
isn't an option at this time¡ ten years down the road,
the citizens will look back and realize the benefits of
such acquisition.
Councilmember Handmacher agreed with Councilmember
Webster's statement, adding that previous testimony was
split 50/50 on this issue, and feels one-quarter of one
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Nine
percent excise tax, as authorized by the Growth
Management Act, is the most effective way to fund the
purchase. He said the city needs to plan ahead and
recognize the beneficial aspects of a "bargain down the
road", but not as a substitute for neighborhood parks.
Councilmember Templeton stated he favors the property as
a park, but would also like to see a developed area, as
it is one of few parcels within the city limits with such
possibilities, i.e., senior center, performing arts
center, museum. He also feels it is a "once in a
lifetime" opportunity, but not a substitute for
neighborhood parks; he agrees with Councilmember
Handmacher that it will be considered a bargain later on.
Deputy Mayor Gates expressed her feelings by saying
family parks are badly needed within the city.
Councilmember stead said he has always been an advocate
of parks and recreation, and realizes this has become an
emotional issue; he has listened to the other
councilmembers and agrees this property would make a
wonderful park, but he personally has a problem
purchasing and developing the land without public
approval, so will vote against such acquisition. Mayor
Ertel also expressed her desire for citizen approval, but
realizes the city doesn't have such luxury at this time
and doesn't want to lose this opportunity.
Motion to authorize City Manager to proceed with
negotiations for the acquisition of the Evergreen Air
strip by enacting a one-fourth of one percent excise tax
for repayment of councilmanic bonds passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
No
Yes
Templeton
Ertel
Stead
Yes
Yes
No
VIII.
CITY MANAGER REPORT
Mr. McFall reported the staff will commence work
immediately for the revision of the budget under the
newly adopted tax levy rate of $1.4a, so new information
is available to the council prior to next week's meeting.
He explained the next council meeting will be the last
for 1990, so the budget must be adopted at that time,
unless a special session is called. Councilmember Stead
requested the revised budget be available no later than
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Ten
this Friday; Mr. McFall responded it will be delivered to
councilmembers within that time frame.
Mayor Ertel reported the first regular meeting of 1991
will be held January 2, 1991, since the first Tuesday
falls on New Years Day.
IX.
CITY COUNCIL REPORTS
Councilmember Webster reported on his attendance at the
National League of cities Conference in Houston, Texas.
He felt it was extremely worthwhile and reminded other
councilmembers he has a cassette available for their
review. He expressed his desire for other councilmembers
to attend future meetings.
Councilmember Stead had no report at this time.
Deputy Mayor Gates said her Administration/Public
Services council Committee met on December 6th to
finalize the police contract and discuss the criminal
code. The next meeting will be December 18th at 7:30
a.m., to further discuss the criminal code. She reported
on her appointment to the county's Solid Waste Advisory
Committee; the next meeting will be this Friday.
Councilmember Templeton complimented Councilmember
Webster and city staff for the excellent Parks Council
Committee meeting held this morning.
Councilmember Handmacher urged interested citizens to
apply for the current opening on the Planning Commission,
as that vacancy will be filled early in January. He
attended the King County Officials meeting last week and
discussed the growth management bill, which item will be
submitted to the legislature after the first of the year.
Mayor Ertel also attended the National League of cities
Conference, and announced she has a written report
available for council review. She will be attending the
2-2-2 Summit Group this Friday, at which time staff
personnel interviews are scheduled.
X.
AUDIENCE COMMENT
Chief Bob Hash, Federal Way Fire District, requested the
opportunity to respond to certain citizen and newspaper
remarks regarding the district's recent lid lift defeat
and its hiring standards. He explained the district has
never failed to live within its budget in the 31 years he
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 1990 - Page Eleven
has worked in the district, in fact, the statutes are
quite clear in such matters. Such statements by citizens
and the Federal Way News are untrue and unfounded. He
further explained he chose this time to respond to the
prior comments, as he didn't feel it was approproriate
earlier in the discussion, but wanted to do so prior to
the adjournment of tonight's meeting.
XI.
ADJOURNMENT
There being no further business to come before the
council, Mayor Ertel adjourned the regular meeting at
10:20 p.m.
7?~~
N. Christine Green
Deputy City Clerk