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Council MIN 12-11-1990 Regular I. II. III. IV. ;,,~-,,'ë ."~ft\"...". .D;t;~.V -'\¡¡"I.'. ':& .~ '~~¥fft& 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