Council MIN 07-17-1990 Regular
CITY COUNCIL MINUTES
City of Federal Way, Washington
Municipal Building - City Council Chambers
July 17, 1990 - 7:00 P.M.
I.
CALL MEETING TO ORDER
Mayor Debra Ertel called the City Council Regular Meeting
to order at the hour of 7:10 p.m., on the 17th day of July,
1990, in Council Chambers, Municipal Building, Federal Way,
Washington.
II.
PLEDGE OF ALLEGIANCE
Deputy Mayor Gates led the flag salute.
III.
ROLL CALL OF 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, City Attorney; Steve Anderson, Assistant City
Attorney; Ken Nyberg, Assistant City Manager; Bruce
Lorentzen, Building Official; Stephen Clifton, Senior
Planner; Bob Hash, Fire Chief; Maureen Swaney, City Clerk;
and Chris Green, Senior Secretary.
Media Present: Kurt Herzog, Federal Way News; Leon
Espinoza, Seattle Times; and Joe Turner, Morning
Tribune.
IV.
AUDIENCE COMMENT
Mayor Ertel asked Mr. McFall for an update on status of the
adult entertainment business, Babe's, since many in the
audience tonight will be commenting on the license. Mr.
McFall explained the council is a legislative body and the
zoning code and licensing will actually control approval or
refusal of the license. He explained an application for
licensing has not been received to date and adequate notice
would be given to citizens prior to any approval. It is
unsure at this point if the business will even pursue an
application.
The following persons responded to adult entertainment
licensing and other issues:
Patty March, 33510-l8th Avenue South, Federal Way.
and distributed signed petitions against Babe's.
Read
ORIGINAL
City Council Meeting Minutes
July 17, 1990 - Page 2
Dennis Clough, 3128-57th Avenue, Tacoma. Pastor of Nine
Lakes Baptist Church, 1636 South 330th Street, Federal
Way. Read and distributed letter against Babe's.
John M. Schueitzer, 148 S. W. 304th, Federal Way. Is
general contractor and wants to respond to new city hall
facilities. He submitted remodel bid for new location, but
has not received response to date. Mr. McFall explained
the contract is not with the city, but with the building
owner for tenant improvements.
Myron Lee, 30l5l-3rd Place S. W., Federal Way. Bishop of
Church of Latter Day Saints. Spoke against adult
entertainment clubs; would like code changed.
Gina Gray-Henry, 150 South 363rd Place, Federal Way. Asked
what citizens can do to restrict adult entertainment clubs
in city. Ms. Driscoll explained legal requirements of city
and county, and the fact council has done what courts have
specified. Mayor Ertel explained the council tried to be
as restrictive as possible with city zoning requirements.
Counci1member Handmacher said he understands their
concerns, but wants them to understand those are premature
at this time; asked that all concerned citizens stay in
touch with city hall. Mr. McFall said the review period
for such application would not take long, but would notify
those citizens speaking tonight of the application, if and
when received, and explained any application decisions
would be based on legal issue and economic impact.
Bill Shortt, 4011 S. W. 321st, Federal Way. Spoke against
adult entertainment. Feels the city should develop "pocket
parks or mini parks" to deny those businesses, based on
code requirements of being more than 1000 feet from
schools, churches, parks, etc.
Ruth Caran, 2101 South 324th, Space 225, Federal Way.
Spoke against adult entertainment establishments. Asked
what good would come from this type of house.
There was no further public comment at this time.
V.
CONSENT AGENDA
l.
2.
3.
Minutes - 6/5/90
Voucher - 7/17/90
Campus Ridge Resolution
(Next Res No 90-37)
A Resolution of the City Council of the City of
Federal Way, Washington, Approving the Preliminary
Plat of Campus Ridge, King County Building and land
Development File No. S89POO16 with Conditions
4.
City and Fire Development Review Agreements & Fees
City Council Meeting Minutes
July 17, 1990 - Page 3
a.
Interlocal Agreement
b.
Fee Resolution
(Next Res No 90-38)
A Resolution of the City Council of the City of
Federal Way, Washington, Relating to the Establishment
of Fees for Applications and Permits for the City; and
Amending Resolution No. 90-18 to Establish Certain
Fees for Permits and Inspections Required Under the
Uniform Fire Code and Deleting Fees Relating to Septic
Tanks
5.
Authorization to Enter Into Contract for
Ordinance Codification Services with Municipal
Code Corporation
Councilmember Stead made correction to minutes of 6/5/90,
page 12, regarding his vote on Resolution No. 90-32;
should reflect "abstain".
Deputy Mayor Gates pulled item 4 from the consent agenda,
"City and Fire Development Review Agreements and Fees", to
be reviewed by committee and council at study session next
week.
Motion by Councilmember Marks to approve consent agenda
with correction to minutes; Second by Councilmember Gates.
Motion passed as follows:
Gates
Templeton
Stead
Ertel
Yes
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
VI.
COUNCIL BUSINESS
1.
puget Sound Water Quality Management Plan Presentation
Nancy McKay, Acting Director of puget Sound Water Quality
Authority, passed out draft 1991 puget Sound Water Quality
Management Plan with corrections dated June 26, 1990. She
asked that council review and comment by July 20th. They
expect to hold sixteen public hearings around the Sound
area and adopt plan by early November, and will be
reviewing the plan every four years in the future instead
of every two years. There is a list showing what local
governments can do. Would like council to review comments
regarding storm~ater on page 244, as would like all cities
to adopt. Also, on page 246 and 247, items a-j, are
important. She explained the need for quality not just
quantity in dealing with those items.
City Council Meeting Minutes
July 17, 1990 - Page 4
The council pointed out on bottom of page 245, does not
reflect Federal Way is among the six largest cities when,
in fact, it is ranked sixth in the state. Ms. McKay
assured the correction would be made and reflected in
September revision of the plan.
Ms. McKay said they are receiving Federal funds, as well as
percentage of the cigarette tax for their projects. Also,
they are looking at proposing a $50 charge for new car
sales, a surcharge on leasehold taxes and/or a marine fuel
tanker fee. She invited the council to contact any of the
authority members, especially Mike Thorp from Federal Way
area or Tim Douglas, Mayor of Bellingham, to answer
questions. She closed by saying the authorities can't do
it alone--they need help from individuals, as well as
cities.
CORRECTED. REFER TO
MINUTES OF ð'/7 /9~
Councilmember Stead asked what is the last date council can
respond. Ms. McKay responded August 1st is probably the
deadline. Deputy Mayor Gates asked how the city could
obtain additional information on the marine fuel tanker fee
and the cigarette tax. Ms. McKay suggested the city
contact Joe Williams at the Department of Ecology or call
the main phone number of the Clean Water Centennial Tax
people. Councilmember Templeton inquired about the earlier
Des Moines Creek jet fuel spill and asked who would aid the
city, in the event a similar incident happened. Ms. McKay
said assistance from the Department of Ecology is available.
2.
New City Hall
Mr. McFall reported lease of new city hall building is
being negotiated, and introduced Steve Anderson, Assistant
City Manager, to report on update. Mr. Anderson reported
staff and Mark Freitas have been working on lease.
Weyerhaeuser will be vacating 3/4th of the facility and the
accounting firm located in half of top level mayor may not
renew their lease first of the year. Sandra Driscoll, City
Attorney, is reviewing documents and hopes to negotiate a
firm lease agreement with owner by Thursday, July 19th, and
hopes to have ready for council's review by next week's
meeting. John Moir, Finance Director, suggested a
Certificate of Participation be sold thru competitive bid
with council approval. Councilmember Handmacher asked for
an explanation of such certificate and Mr. McFall explained
it is second part of councilmatic bonds used for capital
purchases. Equipment is tenant improvement and would
remain with city. Mr. McFall will distribute copies of
floor plan for council review. Deputy Mayor Gates asked if
building and property is all handicapped assessible. Bruce
Lorentzen explained the lease agreement requires the entire
area be handicapped useable. Mr. Anderson explained the
council will be asked to approve the modular furniture
purchase. Mr. McFall said there are 124 parking stalls
City Council Meeting Minutes
July 17, 1990 - Page 5
with 100 available for the city, as well as additional
spaces in neighboring lots for evening meetings, so feels
will be adequate. Councilmember Templeton asked if having
a private business in same building could be a concern.
Mr. McFall responded he didn't think so, and actually would
work to the city's advantage since the city doesn't require
the extra space at this time, so won't be charged for that
additional occupancy under the lease agreement.
3.
Interlocal with Washington Parks Dept. for Acquisition
of Hylebos Wetlands Open Space Issue
Mr. McFall explained this is just a formality, but council
needs to take action to authorize state to commence
acquisition. The state is now ready and awaiting the
agreement approval.
Motion by Councilmember Stead to authorize City Manager
McFall to sign interlocal; Second by Councilmember
Templeton. Motion passed as follows:
Gates
Templeton
Stead
Ertel
Yes
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
Councilmember Webster advised correction needs to be made
on page 1, paragraph 1.B., correcting M.A.T. appraiser to
"M.A.I. appraiser". Correction made. Mr. McFall reported
it will take approximately two weeks for appraisals and will
report back to council when received.
4 .
Parks and Recreation Advisory Task Force
Mr. McFall acknowledged the following citizens have been
appointed to the Parks and Recreation Comprehensive Plan
Advisory Task Force: Carl Buchholz, David Kaplan, Shirley
Charnell, Nancy Ise, Cliff Crenshaw, Margaret Nelson,
Robert Janson, Rosemary Wolf and Mark Eide. In addition,
individuals will be appointed who represent the Chamber of
Commerce, the senior center and youth athletics; names will
be presented when available, and will come back to the
council for approval. State Parks Commission will provide
needed support, but doesn't feel it should include one of
its committee members on the city task force. Councilmember
Marks pointed out there is one person named on this task
force, as well as on the solid waste advisory committee,
and wonders if that is a problem. He feels citizen
committees should include as many different individuals as
possible. Counci1member Webster said he didn't feel this
is a concern, as committees will vary for time
involvement. Councilmember Handmacher said council may
need to look at future committee appointments on case by
case basis to determine if there are problems.
City Council Meeting Minutes
July 17, 1990 - Page 6
Motion made by Councilmember Webster to approve above named
citizens to Parks and Recreation Advisory Task Force;
Second by Councilmember Handmacher.
Discussion: Councilmember Webster said there is a
possibility that citizens east of 1-5 should be included on
the task force in the future. Mr. McFall will report to
Parks Committee tomorrow morning with names of additional
citizens from other areas of the city who should be
included. Councilmember Templeton said he hopes to have
name of applicant representing youth athletics prior to
first meeting of task force. Mr. McFall reported he has
talked with Jerry Draggoo, Consultant, and has tentatively
scheduled a meeting for August 25th; will advise council
when confirmed.
Motion passed as follows:
Gates
Templeton
Stead
Ertel
Yes
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
5.
Recommendation on Council Committee Structure/Rules
Councilmember Stead reviewed council procedure.
Councilmember Marks would like to see planning, public
works & transportation part of council of whole, and feels
it is critical for finance to be part of council of whole.
Councilmember Templeton is uncomfortable combining parks,
recreation & human services because so diverse.
Councilmember Webster doesn't necessary agree, but feels
council needs to narrow committees and have more specific
agendas. Councilmember Templeton suggested naming the
committee "Social Services". Councilmember Marks suggested
naming co-chairpersons within each area. Mayor Ertel asked
if there is general feeling to reduce committees.
Councilmember Stead responded he didn't think so, but felt
budget definitely should be council of whole; he suggested
council consider suggestions for one week and bring back to
next week's study session for discussion. Deputy Mayor
Gates said she originally favored retaining all committees,
but that was prior to staff being hired; she is now
considering no committees or committee of whole approach.
Councilmember Templeton expressed his concern about not
reaching the public thru informal committee meetings.
Councilmember-Stead assumed council would meet as whole for
each committee meeting and would allow public input at all
meetings. Councilmember Handmacher concerned about too
many meetings as council of whole, and does concur with
budget being council of whole. Mayor Ertel concurred with
holding one meeting of whole council per week.
Councilmember Webster would like to continue weekly as is
currently done with subjects varying. Councilmember
City Council Meeting Minutes
J~ly 17,1990 - Page 7 .
Templeton is comfortable keeping expertise in certain
areas, such as Councilmember Webster leading parks effort.
Councilmember Stead felt there would always be committees.
Counci1member Webster suggested staff be consulted
regarding other local government procedures. Mayor Ertel
said she has been discussing this subject with other mayors
and council while attending meetings and it appears most
cities use whatever is most confortable for them.
Counci1member Templeton suggested doing whatever Mr. McFall
feels is best. Mr. McFall said he would discuss the issue
with staff and bring suggestions back to council at next
week's study session.
VII.
FIRST READING ORDINANCE
1.
An Ordinance of the City of Federal Way, Washington,
Establishing a One-Quarter of One Percent (1/4%)
Excise Tax on Real Estate Sales as Authorized by
Chapter 17, Laws of 1990
Mayor Ertel requested excise tax ordinance be pulled
tonight and added to study session agenda of July 24th for
discussion by council.
VIII.
SECOND READING/ENACTMENT ORDINANCES
(Next Ord No 90-69)
1.
An Ordinance of the City of Federal Way, Washington,
Prohibiting the Use of Compression Brakes;
Establishing a Penalty; Containing a Severability
Clause and Setting an Effective Date
Motion to approve Ordinance No. 90-69 by Councilmember
Handmacher; Second by Councilmember Stead.
Discussion: Councilmember Handmacher explained this
ordinance was drafted at suggestion of citizen and seems
reasonable in light of fact neighboring cities have adopted
similar ordinances. Councilmember Webster questioned
percentage of vehicles falling under this ordinance and
Councilmember Marks asked about impact on truck commerce
for ingress and egress. Mr. McFall explained it relates
only to noise factor with certain types of braking systems;
trucks can use supplemental brakes. Councilmember
Handmacher asked if trucks could be cited and was told they
could under traffic infraction statutes.
Motion passed as follows:
Gates Yes Handmacher
Templeton Yes Marks
Stead Yes Webster
Ertel Yes
Yes
Yes
Yes
2.
An Ordinance of the City of Federal Way, Washington,
City Council-Meeting Minutes
July 17,_1990 - Page 8 -
Adopting a New Law Enacted by the Washington State
Legislature Which Prohibits the Display or Possession
of Certain Driver's Licenses or Identicards; and
Setting an Effective Date
Motion to approve Ordinance No. 90-70 by Councilmember
Templeton; Second by Councilmember Handmacher.
Discussion: Counci1member Marks asked purpose of
ordinance, and Mr. McFall explained it is due to change in
state law.
Motion passed as follows:
Gates Yes Handmacher
Templeton Yes Marks
Stead Yes Webster
Ertel Yes
Yes
Yes
Yes
3.
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, providing for the condemnation,
appropriation, taking and damaging of land or other
property necessary therefore; directing the Attorney
for the City to prosecute the appropriate action and
proceedings in the manner provided by law for said
condemnations; and amending Ordinance No. 90-63
Motion to approve Ordinance No. 90-71 by Councilmember
Webster; Second by Counci1member Stead.
Discussion: Councilmember Handmacher explained this
ordinance is an amendment to Ordinance No. 90-63 because
some properties had been excluded on the initial list of
condemnations. Councilmember Templeton addressed concern
for people on 356th who are not present tonight to express
their feelings. Councilmember Webster explained if city
wants and needs five lanes and sidewalks, the action must
be taken; Councilmember Templeton agreed that five lanes
are necessary.
Motion passed as follows:
Gates
Templeton
Stead
Ertel
Yes
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
City Council Meeting Minutes
July 17, 1990 - Page 9
IX.
CITY MANAGER REPORT
Mr. McFall explained a letter has been prepared and
addressed to Bruce Laing with proposal to COG, which
council needs to approve or revise tonight. Study agenda
for July 24th will include special and executive sessions;
executive session with attorney to discuss litigation;
special session will include discussion and action by
council of proposed city hall lease. Retreat is scheduled
for August 30th and 31st, but location is not confirmed at
this time; may possibly use room at St. Francis Hospital,
which includes meals.
Councilmember Handmacher reminded council and staff that
Soundview Manor Resolution deadline is August 15, 1990.
Mr. McFall to check and report on status.
X.
COUNCIL REPORTS
Deputy Mayor Gates reported her Budget/Finance/Insurance
Committee will meet July 20th at 7:30 a.m., City Hall, to
discuss revenue, expenditures and ordinance for fire
department fees.
Deputy Mayor Gates announced Teen progam will be holding a
dance at Boys and Girls Club in Federal Way on July 26th
from 8:30-11:30 p.m., and will be open for twenty evenings
on Friday and Saturday nights during the summer. She also
reported on attending grand opening of Weyerhaeuser/King
County Aquatic Center yesterday, and noted the landscaping
and flower planting directly across from the center has
been completed and is very attractive.
Mayor Ertel noted she has heard nothing but good reports on
the teen center. Councilmember Templeton reminded council
of Human Services Commission member selection on July 31st,
at 7:30 a.m., at City Hall.
Councilmember Handmacher reported his Land
Use/Transportation Committee met last night to outline work
program with staff for planning commission on comprehensive
plan/transportation plan/specific code/development impact
fees; staff will report back to council at August 13th
meeting. Council will also review during scheduled
retreat. There will be a special joint meeting of council
of whole and planning commission on September 10th, 7:00
p.m., City Hall. Councilmember Marks asked about discussion
of comprehensive plan at retreat; Mr. McFall responded he
will have materials to council prior to retreat.
Councilmember Handmacher said he would like entire council
to submit ideas for revision. He explained planning
commission will take approximately one year to review and
City Council Meeting Minutes
July 17, 1990 - Page 10
revise comprehensive plan and will not work on zoning code
until comp plan completed.
Councilmember Marks reported his Public Services Committee
met July 13th to discuss police and water/sewer public
works, and request for joint participation. His committee
will meet again on July 27th at 7:30 a.m., City Hall, to
review letter and contracts with county.
Councilmember Stead reported his Facilities/Personnel
Committee will meet July 25th at 7:30 a.m., City Hall, to
review draft procedures for councilmembers attending
conventions, meetings, etc., ethics code for city and staff
and begin discussion of 3-month evaluation of City Manager.
Councilmember Webster reported his Parks/Recreation/
Cultural Arts Committee will meet tomorrow morning at 7:30
a.m., City Hall, to hear presentation by Sherry Smith, Kids
Day of Seattle, review and discuss AIC application for
Evergreen Airstrip, update on comprehensive plan and
staffing.
Mayor Ertel reported she has attended several meetings with
mayors from Pierce County and South King County. She
requested discussion of traffic problems within
neighborhoods be placed on study session agenda of July
24th, i.e., speed bumps, additional police services, police
task force, as it is city-wide problem.
Councilmember Handmacher mentioned he has talked with staff
to initiate discussions with City of Tacoma staff regarding
mutual traffic issues, i.e., 348th and 356th.
Mr. McFall introduced Sandra Driscoll, new City Attorney.
XI.
AUDIENCE COMMENT
Bill Shortt, 4011 S. W. 32lst, Federal Way. Feels the
council should cancel compression brake ordinance.
H. David Kaplan, 30240-27th Avenue South, Federal Way.
liaison between community council and city council, he
suggested citizen from eastside be named on parks
commission to help public relations with that area.
As
Alfred Frank, 29635-2nd Place S. W., Federal Way.
Commended council for hard work and said he would like to
see more minorities in positions and activities of city. He
feels city should not steal employees from surrounding
cities.
Councilmember Templeton asked about presentation of an
official proclamation in recognition of Mary Ehlis'
dedication and hard work organizing Family Fest. Mr.
City Council Meeting Minutes
July 17, 1990 - Page 11
McFall reported a proclamation will be _presented to her on
August 7th, at which time Mary will also report to council
on Family Fest.
XII.
ADJOURN
With no further
Ertel adjourned
business to come before the council, Mayor
the regular meeting at 9:59 p.m.
~~~
Assistant to city Clerk