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Council MIN 11-20-1990 Regular CITY OF FEDERAL WAY CITY COUNCIL MEETING MINUTES Federal Way City Ball 33530 First Way South Federal Way, Washington November 20, 1990 - 7:00 P.M. I. CALL MEETING TO ORDER The Federal Way City Council meeting was called to order by Mayor Debra G. Ertel, on the 20th day of November, 1990, at the hour of 7:00 p.m., in City Council Chambers, Federal Way City Hall, 33530 First Way South, Federal Way, Washington. II. PLEDGE OF ALLEGIANCE The Council was led in the Pledge of Allegiance by a group of Webelo Scouts, Badger Patrol, Pack 307 III. ROLL CALL OF COUNCIL Councilmembers present: Deputy Mayor Mary Gates, Jim Handmacher, Lynn Templeton, Joel Marks, Bob Stead and Jim Webster. Councilmembers absent: None. Staff present: J. Brent McFall, City Manager; Sandra Driscoll, City Attorney; Maureen Swaney, City Clerk; Ken Nyberg and Steve Anderson, Assistant City Managers; John Moir, Finance Director; Bob Hash, Fire Chief; Robert Evans, Police Chief; Jennifer Schroder, Acting Parks and Recreation Director; Cheri McCabe, Superintendent of Recreation and Human Services; and Greg Fewins, Senior Planner. IV. AUDIENCE COMMENT The Councilmembers concurred with the Mayor to let those citizens present to comment on the Evergreen Airfield property speak first. Frank Kilgore, 30427 1st Place South, Federal Way, Washington, commented on Council actions and expenditures; he urged a Citywide vote on this expenditure. Mark Freeland, 31433 49th Place Southwest, Federal Way, Washington, said he supported the acquisition of the property. Eileen Marckx, 34915 4th Avenue South, Federal Way, Washington, supported the purchase of this property by whatever means possible. ORIGINAL City Council Meeting November 20, 1990 - Page Two Rob Rueber, representing the Chamber of Commerce, spoke in opposition to the acquisition and supported the site for business purposes. Lawrence McGuire, 4614 S.W. 327th Place, Federal Way, Washington, accused the Councilmembers of not listening to the voters and objected to the purchase. Ed stickle, 1228 S.W. 296th street, Federal Way, Washington, said it was the right decision to acquire this property and thanked the Councilmembers for their foresight. Lisa Grimes, 2120 South 279th Place, Federal Way, Washington, urged the Councilmembers to move ahead with their plans to purchase the property. Rosemary Wolf, 230 South 312th, Federal Way, Washington, said she wasn't certain the purchase was a wise thing to do and urged the Councilmembers to look at a compromise like more neighborhood parks. Cliff Crenshaw, 30103 27th Avenue South, Federal Way, Washington, favored purchase of the property. Jim Cron, 912 South 296th, Federal Way, Washington, said the purchase was a noble idea but this wasn't the right time and urged the property be used to expand the business district. Robin Young, 520 S.W. 304th Avenue, Federal Way, Washington, sent his support by a letter which was read by H. David Kaplan. H. David Kaplan, 30240 27th Avenue South, Federal Way, Washington, told the Councilmembers he supported the acquisition of this property and commented on parts of the parks study. Dale Roper, 32701 30th Avenue Southwest, Federal Way, Washington, said it was not fiscally responsible to purchase this property and said this type of issue needs to go to the voters. Sharon Templeton, 30345 9th Avenue South, Federal Way, Washington, said, on behalf of Little League, the children needs additional fields and an organized activity site. Nancy Craig, representing King County Sexual Assault Resource Center, urged approval of their funding request which is a part of the Human Services Commission funding recommendation. Mike Kosar, 30207 13th Avenue South, Federal Way, Washington, told the Councilmembers that he supported their park purchase. City Council Meeting November 20, 1990 - Page Three Ron Belknap, 5200 South J02nd Place, Federal Way, Washington, and president of the Federal Way Community Council, invited the Councilmembers to the Community Council meeting on December 6, 1990. New Federal Way Police Chief and King County PoI ice Major, Bob Evans, was introduced to council. v. COUNCIL BUSINESS 1. Parks Committee Recommendation Councilmember Webster said the Council's Parks Committee had met on Monday morning, November 19, 1990. He said there was good attendance and discussion; staff had briefed the committee on the funding options available. Councilmember Webster said the committee members had voted 2 to 1 to recommend to the Council that the City proceed with acquisition of the property for parks purposes. He said the Council needs to make a decision and move on it because of development pressures. He concluded by saying that the motion to fund the purchase by councilmanic bonds - a resource from the real estate excise tax - passed on a 2 to 1 vote. Councilmember Webster moved to authorize the City Manager to begin negotiations on the purchase of the 84+/- acres, known as the Evergreen Airfield, for parks and recreation uses and to authorize the City Manager to begin developing a capital facilities plan, looking at the real estate excise tax funding option; Second by Councilmember Templeton. Councilmember Marks told the Council he would vote no on this motion. Councilmember Templeton read a prepared statement in favor of the motion and said this is a once in a lifetime opportunity and the City should seize the moment. Councilmember stead asked if the motion was tied to the 1/4% real estate excise tax and said he would support the purchase but not the excise tax option. Councilmember stead moved to amend the motion by adding that the City Manager will also provide the cost of development, operations and maintenance of that park site as soon as possible; Second by Councilmember Marks. Councilmember Webster said that the motion is okay but could create a problem with getting that type of information back unless it was City council Meeting November 20, 1990 - Page Four a "ballpark" figure. He said many questions need to be answered to come up with detailed figures. Councilmember stead said it was the intent of the amendment to have "ballpark" figures. Amendment to motion passed as follows: Gates Yes Handmacher Yes Templeton No Marks Yes Stead Yes Webster Yes Ertel Yes councilmember Handmacher said he would continue to support this project; the incorporation mandate indicated citizens were sick and tired of paving the ci ty . This is an opportunity to make a difference and improve the quality of life for everyone; it will be a jewel for future generations. Deputy Mayor Gates shared some advantages and disadvantages of the proposal and said she would support the .motion. Councilmember Webster said he supported the proposal for acquisition of the land for park purposes; the city needs to be pro-active. This project would give Federal Way a first class facility and the City cannot afford not to acquire this property. Mayor Ertel explained that the citizens have been paying the real estate excise tax for 15 years but King County has collected it but none of it has been spent in Federal Way for park purposes. She said she has supported this acquisition for years and will vote for the motion. Motion, as amended, passed as follows: Gates Yes Handmacher Yes Templeton Yes Marks No Stead Yes Webster Yes Ertel Yes 2. Human Services Commission Funding Recommendations Helen Middlebrooks, Commission Chairperson, introduced members of the Commission and reviewed the priority list of projects recommended for funding. This listing was distributed to the Councilmembers at the time of the meeting. steve Anderson explained to the Councilmembers how the Commission determined the recommendations. Ms. Middlebrooks urged the Council to adopt the recommended projects which total $368,966 with the possibility of adding a contingency in the sum of $30,000. City Council Meeting November 20, 1990 - Page Five Councilmember Stead asked for and received clarification that the request totalled $398,966 when the contingency amount was added to the recommendation. The Council was informed that it would cost and estimated $12,500 if the City became a member of the Human Services Roundtable. VI. CONSENT AGENDA 1. 2. Voucher for November 20, 1990 Minutes Motion for approval of Consent Agenda by Councilmember Stead; Second by Councilmember Webster. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes VII. COUNCIL BUSINESS CONTINUED 2. Justice site criteria Ms. Driscoll reviewed the proposed letter which had been prepared for the Mayor's signature and said that the letter would be sent tomorrow, November 21, 1990. She told the Councilmembers that she would inform them about future hearings relating to this issue. Deputy Mayor Gates moved to authorize the Mayor send the letter to citizens' site Advisory Committee on behalf of the City of Federal Way; Second by Councilmember Webster. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes 4. Management Information System Mr. Moir reviewed the information that had been a part of the Council packet. In response to a question from Councilmember Stead, he explained the cost percentage to be shared by the City, the Water/Sewer District and the Fire District. He said the proposal is a comprehensive study of both hardware and software and clarified that this recommendation is to enter into a consulting contract. Councilmember Handmacher commented on the wide range of City Council Meeting November 20, 1990 - Page six bid amounts. Mr. McFall said the recommended firm has experience with municipal agencies. Motion by Councilmember Webster to authorize the City Manager to enter into agreement with Information Systems Management for a strategic management information system plan with an option for four annual updates; Second by Councilmember stead. Prior to voting the Council was informed the cost will be out of the 1990 budget funds. Motion passed as follows: Gates Yes Handmacher Yes Templeton Yes Marks Yes Stead Yes Webster Yes Ertel Yes 5. Motor Vehicle Excise Tax This item was added to agenda at the time of meeting. The Council was informed that the City of SeaTac had adopted a supporting resolution; the City of Federal Way needs to consider action as this issue will be going before the King County Council for reconsideration next week. Mr. McFall briefed the Councilmembers on the proposal which would be for King County to charge a $15 vehicle fee with the funds to be used for transportation improvements; the funds would be distributed by a formula and it is anticipated that Federal Way would receive approximately $700,000 in 1992 - 1991 proceeds are estimated to be $400,00. Mayor Ertel told the Council that when this issue was before the Council before no action had been taken; she reviewed two (2) draft resolutions which had been prepared for Council consideration. One resolution was supporting the fee and the other resolution asked King County Council to exercise their judgment on whether or not to establish the fee. Councilmember Stead said he thought the Council should only consider whether or not to support the fee; the other resolution is more "County-Bashing." If the resolution supporting the fee fails, then he suggested nothing be sent to the County. Councilmember Handmacher said he was disturbed with the position Federal Way's been put into and thinks that the previous Council position is okay; there is still not a budget showing the need and he said he would hesitate voting yes or no on the issue. He disagreed with Councilmember Stead's comment that to approve the alternate resolution would be "County-Bashing." Councilmember Marks announced he continues to oppose this fee. councilmember Marks moved to approve the alternate resolution city council Meeting November 20, 1990 - Page Seven requesting the County exercise Councilmember Handmacher. their judgement; Second by Councilmember Stead moved to amend this resolution by deleting Section 2 on page 2 and the words, Section 1, on page 2; Second by Councilmember Marks. The amendment passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster No Yes Yes Councilmember Webster said he would personally hate to see this fee added but he would hate to let anyone think that Federal Way has no transportation needs and would prefer to table the matter. Councilmember Webster moved to table this issue until more information is available; Second by Councilmember Stead. Motion failed as follows: Gates Templeton Stead Ertel No Yes Yes No Handmacher Marks Webster No No Yes Councilmember Marks moved to amend the amended motion by striking the words, "whether or" which appear in the resolution caption; Second by Councilmember Handmacher. Councilmember Handmacher said it is not proper to dictate to the County Council. councilmember Templeton said the whole exercise is ludicrous. Mr. McFall said that the Council could amend section 1 to say the City of Federal Way urges King County Council not to adopt the fee. Councilmember Marks amendment failed as follows. Gates No Handmacher Templeton No Marks Stead No Webster Ertel No Motion as amended passed as follows: Gates Yes Handmacher Templeton Yes Marks Stead Yes Webster Ertel Yes No Yes No Yes No Yes Councilmember Stead requested that this type item appear on the printed advance agenda in the future. City Council Meeting November 20, 1990 - Page Eight (Note to Record: This resolution, as adopted, will be known as City of Federal Way Resolution No. 90-44.) VIII. ORDINANCES - INTRODUCTION 1. 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 Webster to send this ordinance to the Planning, Public Works and Transportation Committee for their recommendation; Second by Councilmember Marks. Councilmember Handmacher said the committee had reviewed this ordinance already. The motion and second were withdrawn respectively. This ordinance will be placed on the next agenda for second reading and enactment. IX. RESOLUTIONS 1. A Resolution of the City Council of the City of Federal Way, Washington, Approving a Map as the Official Record of the Location and Boundaries of Schools and School Bus stops, as well as Areas within 1,000 feet of School Bus stops and the Perimeter of School Grounds, in Order Implement Enhanced Penalties for Unlawful Drug Activities in those Areas (Next Resolution No. 90-43) Ms. Driscoll explained the Law Department had been awaiting the map that accompanies this resolution; the maps were posted in two places near the Councilmembers. She continued by saying that the maps show that most of the City is in the enhanced penalty area. Motion by Councilmember Stead; Motion passed as follows: Second by Councilmember Gates. Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes x. CITY MANAGER Mr. McFall reminded the Council of the November 27, 1990 special session set for the formal budget hearing. He made comments on the new council chambers; they aren't totally finished but will be city Council Meeting November 20, 1990 - Page Nine soon. He said he will circulate materials on AWC services and will have their director at an upcoming study session. Councilmember Webster suggested that the podium be moved to a different location. XI. CITY COUNCIL REPORTS Councilmember Webster reported on the Parks Committee meeting. They met on Monday morning, November 19, 1990, and will meet again the morning of November 21, 1990 to be updated on the planning. This meeting will be held in the Community Development conference room. Mr. McFall invited the Council to arrive at 6:30 p.m. next week, before the meeting, for a tour of the new facilities. Councilmember stead said he went to the open house sponsored by Community Development and complimented staff on the job they had done. Councilmember Marks had no report. Deputy Mayor Gates welcomed Chief Evans and invited him to attend the next meeting of the Administration Committee which will be December 6, 1990, at 7:30 a.m. Councilmember Templeton said the Human Services Commission will meet again on December 17, 1990, at new City Hall. Councilmember Handmacher said the Planning/public Works/Transportation Committee will meet at 7:30 a.m. on November 28, 1990. This meeting was originally set for November 26, 1990. The Council was informed that the Planning Commission may cancel their November 28, 1990 meeting. Mayor Ertel said, in the interest of time, she would limit her report on the Urban Design conference she attended recently. She told the Councilmembers that she would like to bring some of the resource people to Federal Way after the first of the year to do a program. Councilmember Stead suggested the Mayor place this item on a future agenda so the Council could be informed about the conference. City Council Meeting November 20, 1990 - Page Ten XII. AUDIENCE COMMENT H. David Kaplan gave more information on the Community Council meeting set for December 6, 1990. He urged attendance by the City. XIII. RECESS INTO EXECUTIVE SESSION The Council recessed into executive session at 9:52 p.m. to discuss a litigation issue with the City Attorney. The executive session adjourned at 10:15 p.m. since the council will not have a quorum on December 4, 1990, Ms. Driscoll advised the Council they should adjourn this meeting until December 11, 1990. Motion to adjourn the November 20, 1990 Federal Way City Council meeting until December 11, 1990 by Councilmember Marks; Second by Deputy Mayor Gates. Motion passed as follows: Gates Templeton Stead Ertel Yes Yes Yes Yes Handmacher Marks Webster Yes Yes Yes XIV. ADJOURNMENT The meeting adjourned at the hour 0 -- --_H_-'____------- ----_H -----