Council MIN 06-19-1990 Regular
CITY COUNCIL MINUTES
City of Eederal Way
Municipal Building - Federal Way, Washington
June 19, 1990 - 7:00 P.M.
I.
CALL MEETING TO ORDER
Mayor Ertel called the meeting to order at the hour of 7:03
p.m.
II.
PLEDGE OF ALLEGIANCE
Councilmember Marks led the councilmembers and audience in
the flag salute.
III.
ROLL CALL OF COUNCIL
Present: Mayor Debra G. Ertel, Deputy Mayor Mary Gates,
Councilmembers Jim Handmacher, Lynn Templeton, Joel Marks,
Bob Stead and Jim Webster.
Staff present: J. Brent McFall, City Manager; John
Wallace, City Attorney; Greg Moore, Acting Community
Development Director; Stephen Clifton, Senior Planner;
Maureen Swaney, City Clerk and Chris Greene, Senior
Secretary.
Media present: Joe Turner, Tacoma News Tribune; Kurt
Hertzog, Federal Way News, and Leon Espinoza, Seattle Times.
IV.
AUDIENCE COMMENT
Mr. Ed Stickle, 1228 S.W. 296th Street, Federal Way,
questioned the process of his city name-change petition.
He circulated a handout, attached hereto as Exhibit "A" and
made a part of the minutes. Mr. McFall said he had
received a legal opinion on this matter last week and will
be distributing it to councilmembers for their review and
discussion.
Chief Bob Hash, Federal Way Fire District #39, urged the
councilmembers to pass the smoke detector ordinance.
V.
INTRODUCTION
1.
Introduction of City Logo Committee
Mayor Ertel introduced the logo committee and reviewed
their work assignment. The committee members are: Don
Eiler, Hope Elder, Rosalie Luce, Scott Fisher and Rudy
Raspa. She said that the FilipinO-American Society has
donated $500 for a logo contest prize.
ORIGINAL
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City Council Meeting Minutes
June 19, 1990 - Page Two
VI.
CONSENT AGENDA
Deputy Mayor Gates requested that item #6 be pulled from
the Consent Agenda. Councilmember Stead requested the
minutes also be removed from this agenda.
Councilmember Stead, referring to the May 29, 1990 minutes,
on page 9, said the portion about to the Boys and Girls
Club needs to be clarified. On the May 17, 1990 minutes,
they should reflect that Councilmember Stead was excused
from the hearing.
Councilmember Webster, referring to the May 15, 1990
minutes, on page 9, said the vote needs to show that he
voted affirmative on both the amendment to the motion and
the motion as amended.
Councilmember Handmacher, referring to the first pages of
the minutes of May 15 and May 29, 1990, said the Fire
Chief's name needs to be changed from John Hash to Bob
Hash. And, on May 29, 1990, page 6, 3 paragraphs down,
Councilmember Handmacher's motion should be shown that it
was to re-open the public hearing, On page 8, of the May
17, 1990 minutes, fourth line down, it should be a through
intersection instead of a true intersection. On the same
page, about ten lines down in that paragraph, it should say
paid instead of paved.
1.
2.
3.
4.
5.
7.
Minutes of City Council - May 15, 1990
Minutes of City Council - May 29, 1990
Minutes of City Council - May l7, 1990
lnterlocal with King County on ClP - Roads
June 19, 1990 Voucher
lnterlocal with Fire District for Fuel and
Products
Petroleum
Motion to approve the Consent Agenda as amended by
Councilmember Stead; Second by Deputy Mayor Gates.
passed as follows:
Motion
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
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City Council Meeting Minutes
June 19, 1990 - Page Three -
VII.
COUNCIL BUSINESS
1.
Continuation of Campus Ridge Preliminary Plat
Mayor Ertel asked if any councilmembers wished to declare
any ex-parte contact regarding this matter. Councilmember
Webster indicated he had looked at a portion of the
property. Deputy Mayor Gates said she had talked to Dale
and Laurie Landstrom who live adjacent to the property;--
they had requested an update on the status of the issue.
Councilmember Templeton explained to the audience why the
council needs to refrain from certain communications in a
quasi-judicial matter. No member of the audience responded
when asked if anyone had any concerns over the appearance
of fairness.
Mayor Ertel told Mr. Wallace that documents handed out to
the councilmembers prior to the continuation of this
hearing have been turned over to the City Manager and need
to be formally presented to the council during the hearing.
Mr. Richard Hamlin, Assistant Superintendent/Support
Services, said the school district plays a big part in the
community, but they are not in the land development
business. He reviewed Federal Way School District
construction projects. He said the information is current
as of June 5, 1990. Mr. Hamlin said most growth is being
experienced in the West Campus area. He reviewed
information on the proposed bond issue election and surplus
property disposition.
Councilmember Templeton asked for confirmation that there
were 19 elementary schools with two additional facilities
planned. Mayor Ertel asked questions relating to 1991-1992
projections. Questions were asked about how many lots were
in the pipeline and staff responded that there were 500 to
600 single family lots and about 800 multi-family lots in
the pipeline. The councilmembers were assured that the
school projections include statistics from building permits
and real estate information.
Mr. Hamlin told the council that if the bond measure fails
the School District will look at options such as boundary
changes, busing, portable buildings, double-shifting and
year-around school. These options have not been
priortized; all alternatives will be reviewed to determine
what is best for the student and the programs. Mr. Hamlin
agreed with Councilmember Handmacher that having a
neighborhood school is much preferable to double-shifting;
he said that double-shifting does not affect the quality of
education, but it could add inconvenience.
-------------- - -
City Council Meeting Minutes
June 19,-1990 - Page Four
Applicant did not wish to respond.
Mayor Ertel opened the public hearing and reminded the
audience that testimony must relate to only the school
issue.
Mr. Don Van Noke, 215 S.W. 327th, Federal Way, circulated a
story from the News Tribune. He expressed concern over
school capacity and urged no moritorium, but asked the
council to wait until the dust settles and not count on
passage of the bond measure.
Susan Honda, 6th Avenue S.W., commented on wildlife. Mayor
Ertel reminded Ms. Honda that testimony is restricted to
the school issue.
Eileen Stauss, 32636 7th Avenue S.W., circulated a
handout. She said the issue is more than 24 homes and
urged a moritorium until the bond issue passed. She
reviewed information on the condition of the school buses.
She urged stopping the project.
The applicant did not wish to question or respond to any
citizen testimony.
With no further testimony, Mayor Ertel declared the hearing
to be closed.
Mayor Ertel summarized the motion which had been tabled at
the last hearing which was to deny the application for the
plat because of the impact to the school district.
Councilmember Templeton moved to take the May 29, 1990
motion off the table; Second by Councilmember Marks.
Motion to take the motion from the table passed as follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
No
Yes
Councilmember Handmacher discussed the motion he had made
and said he had thought it to be a good idea and the
problem with the schools is still valid; he hopes the bond
measure passed but is concerned over its possible failure.
He said that based on testimony tonight, the facts are not
there to support this motion and he will vote "no" on the
motion. Councilmember Stead agreed and said, that given
tonight's testimony, the motion can't be justified.
Councilmember Templeton concurred with Councilmembers
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City Council Meeting Minutes
June 19, 1990 - Page Five
Handmacher and Stead. Counci1member Webster said the
council had been looking for a good sound basis and based
on the information presented doesn't feel there is a legal
basis to deny this particular plat. Deputy Mayor Gates
said nothing definitive came from extending the hearing and
suggested the possibility that the school district issue a
certificate of classroom availability in the future; that
the city and schools work in a cooperative effort so that
comfortable solutions can be formulated. Councilmember
Handmacher added, for the benefit of the audience, the city
was working on developing an impact fee ordinance that will
include schools.
Gates
Marks
Templeton
Ertel
No
No
No
No
Handmacher
Stead
Webster
No
No
No
In response to a question from Councilmember Webster,
Stephen Clifton said that applicant has information on the
fee which might be required. The amount of open space
which could be required amounts to 7,862 square feet whch
is equivalent to one of the lots.
Councilmember Webster suggested the council require Lot l4,
including the access to 7th Avenue S.W. be requested as
public open space as part of the project instead of a fee
in-lieu-of which would not have the impact that this open
space would have; it appears the lot would be suitable for
at least a children's play area. Mr. McFall commented on
the maintenance aspect of this open space and asked about
who would own and maintain the property - the homeowners
or the city. He expressed concern that a small isolated
lot could be a major maintenance expenditure for the
city.
Councilmember Stead said his concern is that he would like
to see sidewalks on both sides of the street.
Councilmember Handmacher agreed with the need for sidewalks
but said he had a concern that the open space would be a
funnel for children going into the Native Growth Protection
Area and suggested looking at using Lots 23 and 24; he felt
these lots were more visable and safer as well as more
accessable for maintenance. Councilmember Handmacher said
maybe the council could ask for play equipment to be
included. Mr. Wallace said that in order for the council
to ask the developer to include a park the council would
need to identify a need from the development impacts from
this proposed plat. If that is identified, then the
council can make that provision to not only set aside land
but to provide recreation facilities.
City Council Meeting Minutes
June 19, 1990 - Page Six
Deputy Mayor Gates said that from a security standpoint,
she would concur with Councilmember Handmacher's suggestion
which protects the wetlands.
Mayor Ertel said she concurred with the need for a park and
agreed with the City Manager to let it be part of the
development.
The council continued discussing how much land the city
could require in order to mitigate the development
impacts.
Councilmember Handmacher moved to approve the Campus Ridge
Plat subject to the conditions imposed by the King County
Hearings Examiner and subject to the additional conditions
recommended by staff in tonight's memorandum--there are
three condition--and to drop Condition #2 and also include
Condition #3 in place of Condition #2 as recommended by the
staff; require the applicant to set aside Lots 23 and 24 as
open space and active recreation area to be owned and
maintained by the homeowners association and to include
play structures for children and require sidewalks on both
sides of 7th Avenue S.W.; Second by Councilmember
Templeton. In response to a suggestion from Mr. Wallace,
language was added to the motion to instruct staff and the
City Attorney to prepare appropriate findings regarding
this application. Councilmember Handmacher said the
findings should include information on the City of Federal
Way Zone on Open Space requirements; this is the amount of
open space needed to mitigate the impact and include
information on why Federal Way requires more than King
County.
Motion passed as follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
The meeting recessed at the hour of 8:45 p.m. and
reconvened at 8:53 p.m.
VIII.
CONSENT AGENDA CONTINUED
6.
Authorize Special Session Council Meeting on June 21, 1990
Mr. McFall told the councilmembers it was necessary to
discuss some options on the Evergreen Airfield; this is a
policy decision that is needed if a grant application is to
--------------------- - - ---- ------- --------
City Council Meeting Minutes
June 19,1990 - Page Seven
be submitted. Counci1member Webster said that a 50% state
grant is worth holding an executive session, either on June
21 or as quickly as possible. Motion to hold this session
on June 26, 1990 by Councilmember Handmacher; Second by
Councilmember Stead. Motion passed as follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
The council confirmed this meeting will start at the hour
of 7:00 p.m. and the previously scheduled photograph
session at Steel Lake Park will be moved from 5:30 p.m. to
6:00 p.m.
IX.
COUNCIL BUSINESS CONTINUED
2.
City Council Meeting Rules
Councilmembers discussed whether or not to leave in the
councilmember roll call at the start of the meeting. They
concurred it identified the members of the council and
should be left on the agenda.
Councilmember Marks asked questions about the fifteen
minute limit on audience comments on the non-agenda items.
Mayor Ertel said that it was a general guideline and the
3-minute testimony limit is the important part. There was
comment on action items only which will be clarified in the
adopting resolution.
Councilmember Stead moved to instruct staff to incorporate
the approved parts of the memorandum into the prospective
council rules including the comments; Second by
Councilmember Marks. Motion passed as follows:
Gates Yes Handmacher Yes
Marks Yes Stead Yes
Templeton Yes Webster Yes
Ertel Yes
3. Request for I-Year Extension of Preliminary Plat of
Southampton Court
Mr. Bill Fewins, Senior Planner, reviewed the staff
report. There was discussion on whether it was necessary
for the Fire Department to approve the one-half
cul-de-sac. Mr. McFall clarified the location of the plat
and said that prior to final approval improvements need to
be installed; this request is only for an extension of time.
City Council Meeting Minutes
June 19, 1990 - Page Eight
Councilmember Templeton moved to approve the one-year
-extension; Second by Counci1member Stead. Motion passed as
follows:
Gates Yes Handmacher Yes
Marks Yes Stead Yes
Templeton Yes Webster Yes
Ertel Yes
4. puget Sound Council of Governments
Mr. McFall informed the council that a presentation on this
item is scheduled for the July 10, 1990 Study Session
council meeting.
x.
FIRST READING ORDINANCES - Next Ordinance No. 90-62
1.
An Ordinance of the City of Federal Way, Washington,
Requiring Licenses for Engaging in Temporary Businesses
within the City, Defining Terms, Providing Procedures for
Issuing, Suspending and Revoking Such Licenses, Setting
forth Fees, Establishing Penalties for Violations and
Establishing An Effective Date
Motion to suspend the rules and place this ordinance before
the council for second reading by Councilmember Webster;
Second by Councilmember Templeton. Motion to suspend the
rules passed as follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
Motion to approve Ordinance No. 90-62 by Deputy Mayor
Gates; Second by Councilmember Handmacher. Discussion
continued on suggested amendments that change appeal
hearings from council to hearings examiner and the motion
maker and second agreed to include these changes as a
friendly amendment to the original motion to approve
Ordinance No. 90-62. Motion passed as follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
2.
An Ordinance of the City of Federal Way, Washington,
Requiring the Installation and Maintenance of Smoke
Detectors in all Dwelling Units; Containing a Severability
Clause and Setting An Effective Date
Ci~y Council Meeting Minutes
June 19, 1990 - Page Nine
Councilmember Marks said he would like to see smoke
detectors in every home in Federal Way but would like to
see it done in a way different from an ordinance.
Councilmember Marks moved to not adopt the ordinance and
have the City of Federal Way work in concert with the Fire
Department to do public relations to encourage all
residents to have smoke detectors in their homes and have
the City Manager bring back a recommendation; Second by
Councilmember Stead.
Councilmember Stead commented on why this ordinance was
needed. Councilmember Handmacher said the Fire Department
has offered to install units for any resident who is unable
to afford to purchase a detector. Councilmember Webster
was told that in order to enforce the ordinance, the public
would need to be made aware of the regulation.
Councilmember Stead said there have been requirements for
smoke detectors since 1982 and there is a need to ask for
protection in homes built prior to that time.
Councilmember Marks said he opposed this ordinance to
require installation; and, he still thinks it is better to
have a continuing public relations program.
Councilmember Webster urged the council to vote "no" on
this motion and have public input at the time of second
reading.
Motion failed as follows:
Gates No Handmacher No
Marks Yes Stead No
Templeton No Webster No
Ertel No
Counci1member Stead moved to refer this ordinance back to
the Public Services Committee; Second by Deputy Mayor
Gates. Prior to voting, this motion was withdrawn by the
motion maker and second.
Councilmember Handmacher moved to put this ordinance on the
July 3, 1990 agenda for public input and second reading;
Second by Councilmember Stead. Prior to voting, the
council concurred to amendments in Section 5, page 5,
adding in the second sentence, "Unless it is replaced.."
and on page 6, Section 9, last line, adding after the word
failure "to install or-the failure." Motion passed as
follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
City Council Meeting Minutes
June 19, 1996 - Page Ten
3.
An Ordinance of the City of Federal Way, Washington,
Amending Ordinance No. 90-37 to Authorize Events at Parks
Between 9:00 a.m. and 10:30 p.m. and to Prohibit Noise
from Construction Sites and Noise from Residential
Properties Relating to Maintenance or Repairs During
Certain Hours, as well as Noise from Squealing or
Screeching Tires; Containing a Severability Clause; Setting
an Effective Date and Approving an Ordinance Summary for
Publication
Councilmember Handmacher moved to set this ordinance for
adoption on the July 3, 1990 agenda; Second by
Councilmember Templeton. Motion passed as follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
4.
An Ordinance of the City of Federal Way, Washington,
Providing for the Acquisition of Certain Property and/or
Certain Easements Over, Along, Under and Across Certain
Property for the Purpose of Constructing and Installing
Street Improvements along a Portion of South and Southwest
356th Street, together with all Necessary Appurtenances and
Related Work Necessary to Make a Complete Improvement in
Accordance with Applicable City Standards all within the
City of Federal Way, Providng for the Condemnation,
Appropriation, Taking and Damaging of Land or other
Property Necessary Therefore; Directing the City Attorney
to Prosecute the Appropriate Action and Proceedings in the
Manner Provided by Law for said Condemnations
Councilmember Handmacher moved to suspend the rules and
have second reading tonight on this ordinance; Second by
Councilmember Marks. Motion passed as follows:
Gates
Marks
Templeton
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Webster
Yes
Yes
Yes
Motion by Councilmember Handmacher¡ Second by Councilmember
Templeton to approve Ordinance No. 90-63. The council
asked that where City Attorney was written in the ordinance
to add "or other
._~-.._---------------- ----
City Council Meeting Minutes
June 19, 1990 - Page Eleven
attorney selected." Counci1members Templeton, Marks and
Webster expressed concern over passage of this ordinance.
Mr. McFall told the council they could wait but the council
might want to proceed with the project and not hold
hearings on each condemnation. Councilmember Stead
informed the council that the court will have to find a
necessity to start the project and the ordinance only
allows the process to move forward.
XI.
Motion passed as follows:
Gates Yes Handmacher Yes
Marks Yes Stead Yes
Templeton Yes Webster Yes
Ertel Yes
RESOLUTIONS - Next Resolution No. 90-34
1.
A Resolution of the City Council of the City of Federal
Way, Washington, Requesting King County to turn Certain
Funds over to the City which have been Deposited with
the County for purposes of Installation of a Traffic
Signal at 10th Avenue S.W. and S.W. Campus Drive, within
the City Limits of the City of Federal Way
Motion for approval of Resolution No. 90-34 by
Councilmember Marks; Second by Councilmember Templeton.
Motion passed as follows:
Gates Yes Handmacher Yes
Marks Yes Stead Yes
Templeton Yes Webster Yes
Ertel Yes
X. CITY MANAGER REPORT
Mr. McFall introduced Kathy McClunq, Community Development
Permit Specialist and John Moir, Finance Director. Mr.
Moir reported to the councilmembers that the sales tax
collection is ahead of schedule but the fine revenue is
running behind. Mr. McFall said this will allow reserves
to start being established for the next revenue year.
Mr. McFall said the new Code Enforcement Officer will start
on July 2, 1990.
Mr. McFall requested the council authorize-a 3D-minute
executive session to discuss litigation and property
acquisition.
City Council Meeting Minutes
June 19, 1990 - Page Twelve
Counci1member Marks said he would like to see the City
Manager do a policy for the council-relating to meetings
and travel; it would be used by the council as a
guideline. Mr. McFall said he would provide sample copies
to the Personnel Committee. Councilmember Handmacher
suggested it not be done just because of media attention.
XI.
COUNCIL REPORTS
Councilmember Webster said the Parks Committee will meet in
the morning at the hour of 7:30 a.m. to consider
appointments to the steering committee.
Councilmember Webster requested that the upcoming executive
session include a personnel matter.
Mayor Ertel said that Metro will meet on Thursday and the
important item is the election of a chair; and, any council
input would be appreciated. She said that Federal Way will
get a second seat on Metro when the city's population
reaches 65,000.
Councilmember Templeton said the Human Services Committee
met this date and will meet again on July 10, 1990, at 7:30
a.m. The applications for membership on the Human Services
Commission will close on July 30, 1990 at 5:00 p.m.
Councilmember Stead said the Personnel Committee will be
meeting to discuss the council committee structure.
XII.
AUDIENCE COMMENT
There was no audience comment.
XIII.
ADJOURNMENT
The council recessed into executive session at the hour of
10:35 p.m. for a thirty-minute meeting. At the hour of
1l:05 p.m. Councilmember Stead informed the audience the
council needed another five minutes.
The council adjourned the executive session at 11:10 p.m.
The regular scheduled council meeting adjourned at 11:10
p.m.
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-. au een M. Swaney,' CMC 7
City Clerk
Federal Way City Council Meeting, June 19, 1990
~(t¡1)
WHITHER GOEST THE CITY COUNCIL ON THE NAME CHANGE PROCESS?
When I spoke to the council in March on the city name change
process it was to clarify why certain of us voters had filed
petitions in the way we did and when we did.
This time I'm here to ask the City Council to clarify to the
voters why they are taking or not taking certain actions relative
to this issue. I'd like to explain why such clarification appears
necessary. .
First, I'm happy to say that the council determined that all of
the petitions submitted in March were legally acceptable and on
April 12th forwarded them to the County Superintendent of Elec-
tions for. validation of the signatures.
On April 16th, the County Superintendent of Elections reported
to the City Council that they had validated enough signatures
to declare the petitions sufficient for placing the issue on
the ballot.
On May' 11th, the City Attorney advised that in anticipation of
a question from the city council as to whether the issue should
be placed on the ballot in November 1991 under the old law or
in November 1990 under the new law, he had studied the laws and
came up with his findings. Since the City Council, however, had
not yet asked him the question, he said he was gbing to bring the
matter up to the city manager later that day.
A month later, however, the City Manager was quoted as saying
that he was still awaiting an opinion on the election date from
the city attorney. At the same time, the mayor was continuing
to say that she expected the name change election to be in Novem-
ber 1991 and used this as justification for going ahead with a
city logo selection at this time.
In the middle of all this, time passed and the new name change
law went into effect on June 7th. Presumably, this closed the
option for having the election in November 1991 and mandates
that it be held in November 1990.
This brings us to tonight and there is still no word from the
city council on the timing of the name change election.
Isn't it time for the council to face up to the inevitable,
announce that the name change ballot will be in November of this
year, and use this reality as the basis for related decisions,
such as logo selection, water tower painting, etc.?
Ed Stickel
1228 S.W. 296th Street
Federal Way, WA 98023
Tel. 839-0699
EXHI8IT ..l.
NOTE TO CITY COUNCIL MEETING MINUTES OF AUGUST 7, 1990:
Councilmember Stead made correction to minutes of June 19,1990,
page 4, paragraph 8, vote on motion to remove motion from table,
should have reflected his vote as being .YES.; however, after
reviewing meeting tape found his vote was actually .NO. as originally
reported.
C!L~
CC:
MEETING MINUTES OF JUNE 19, 1990