Council MIN 10-06-1990 Regular
I.
II.
III.
IV.
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CITY COUNCIL REGULAR MEETING MINUTES
City Council Chambers - City Hall
Federal Way, Washington
November 6, 1990 - 7:00 P.M.
CALL MEETING TO ORDER
Mayor Debra Ertel called the Federal Way City Council
Regular Meeting to order at the hour of 7:06 p.m., on the
6th day of November, 1990, in Council Chambers, City
Hall, Federal Way, Washington.
PLEDGE OF ALLEGIANCE
Deputy Mayor Gates led the flag salute.
COUNCIL ROLL CALL
Present: Mayor Debra Ertel, Deputy Mayor Mary Gates, and
Councilmembers Joel Marks, Bob Stead and Jim Webster.
Excused Absence:
Councilmember Jim Handmacher.
Excused Late Arrival:
Councilmember Lynn Templeton.
Staff Present: J. Brent McFall, City Manager; Sandra
Driscoll, City Attorney; Steve Anderson, Assistant City
Manager; Ken Nyberg, Assistant City Manager; John Moir,
Finance Director; Mickey Corso, Parks/Recreation/Human
Services Director; Jim Shanks, Public Works Director;
Greg Fewins, Senior Planner; Sheryl Trent, Intern; Brenda
Trent, Financial Analyst; Chris Green, Deputy City Clerk.
Media Present:
Linda Elliott, Federal Way News.
AUDIENCE COMMENT
H. David Kaplan, 30240-27th Avenue South, Federal Way,
congratulated Mayor Ertel on being featured in the
leadership section of the November issue of Pacif ic
Northwest Magazine.
Dale Long, 29813-20th South, Federal Way. Expressed his
gratitude for all who helped in restoring the Pigott home
and thanked Mayor Ertel for attending the celebration.
He also expressed an interest in the Human Services
commission.
ORIGINAL
CITY COUNCIL REGULAR MEETING MINUTES
November 6,1990 - Page 2
V.
PROCLAMATIONS
1.
Great American Smokeout
Mayor Ertel presented the proclamation to Dr. Barbara
Levy, Unit President for the American Cancer Society.
American Education Week
Mayor Ertel presented the proclamation to Judy Wall of
the Federal Way School District.
2.
VI.
CONSENT AGENDA
1.
2.
3.
Minutes - 10/16/90 & 10/23/90
Voucher - 10/6/90
City Council Meeting Change of Location Effective
November 20, 1990
Planning Commission Vacancy Referred to Planning/
Public Works/Transportation Committee
Ordinance No. 90-76 "Final Plat Approval/Campus
Highlands Subdivision
4.
5.
Motion by Councilmember Stead to approve Consent Agenda;
second by Councilmember Webster. Motion carried as
follows:
Gates
Marks
Webster
Yes
Yes
Yes
Ertel
Stead
Yes
Yes
VII.
COUNCIL BUSINESS
1.
Merit Decisions
a.
Cemeteries
Mr. McFall briefly reported on cemeteries explaining the
current zoning code has no provision to allow cemeteries
within zoning districts, so are unable to expand, i.e.,
construction of an on-site mausoleum. He explained staff
feels this expansion request has merit and recommends
referral to planning commission for review and
recommendation, and then brought back to council for
approval. Initially, they would look at cemeteries
within zones. Structures within the cemeteries would
then be another element, since currently they are not a
pernd tted use.
Councilmember Stead asked if the specific question of
"merit" has been resolved. Ms. Driscoll reported the
four items on the agenda tonight were discussed at the
last Land Use/Transportation Committee Meeting and the
decision was made for recommendation to council of whole
to approve the various recommendations set forth. Actual
merit decision discussion will be discussed at a future
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CITY COUNCIL REGULAR MEETING MINUTES
November 6,1990 - Page 3
meeting. The council can allow applicants an opportunity
to provide input during council tonight, so it would
address any concerns regarding failure to allow a
hearing; she feels the legal questions are being
addressed at this time. Councilmember Webster asked for
clarification regarding the review, and whether or not a
public hearing would be held. Ms. Driscoll confirmed the
required statutory public hearing would be held.
Motion by Councilmember Webster to forward the potential
code amendment relating to cemeteries to the planning
commission for review and processing; second by
Councilmember Stead.
Discussion: Councilmember Webster recommended
public input be allowed on this issue.
that
Richard Peterson, 2818 S.W. 340th Place, Federal Way. As
Superintendent of Gethsemane Cemetery he expressed his
appreciation for the opportunity to address the council
regarding expansion of their facilities.
Motion carried as follows:
Gates Yes Ertel Yes
Marks Yes Stead Yes
Webster Yes
Mayor Ertel suggested public comment be allowed prior to
motion and discussion on the next items.
b.
Mobile Homes
Mayor Ertel called for audience comment, but no one
addressed the council regarding this issue. The Mayor
also allowed for council discussion and staff
recommendation, of which there was none.
Motion by Deputy Mayor Gates to send mobile home
amendment to the planning commission for review and
processing; second by Councilmember Webster. Motion
carried as follows:
Gates
Marks
Webster
Yes
Yes
Yes
Ertel
stead
Yes
Yes
c.
Barghausen/ARCO
Mayor Ertel reported the city has received a letter from
ARCO dated October 29, 1990, requesting a withdrawal and
cancellation of their applications for comprehensive plan
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CITY COUNCIL REGULAR MEETING MINUTES
November 6,1990 - Page 4
amendment and rezone applications. The Mayor also called
for oral comment by applicant Barghausen/ARCO; no one
representing the applicant came forward to address the
council.
Motion by Councilmember Marks to accept applicant's
cancellation and withdrawal; second by Depty Mayor Gates.
Discussion: Councilmember Webster raised concern that
ARCO's letter referred to the council committee having
refused to hear or look into this request--it is his
recollection that this situation, along with another, had
previously been reviewed and discussed, so the committee
felt it unnecessary to take any additional time. Ms.
Driscoll added the applicant was informed by both
facsimile transmission and letter that they would have
the opportunity to provide input to council tonight prior
to their application withdrawal, which is not clear in
their recent correspondence directed to the city. Deputy
Mayor Gates added the council of whole also discussed
this issue in February, prior to adoption of the zoning
code.
Motion carried as follows:
Gates
Marks
Webster
Yes
Yes
Yes
Ertel
Stead
Yes
Yes
d.
Parklane
Mr. McFall introduced Greg Fewins, Senior Planner, to
present a brief staff report to council. Mr. Fewins
explained this is a request for council's threshhold
review and merit decision on a proposed amendment to the
comprehensive plan. If successful, the intent would be
to come before the hearing examiner and city council to
request a rezone to commercial status. A detailed staff
report, including map of the area, was distributed to
councilmembers for their review. There are three
alternatives for the council to consider, as provided by
code:
1. The proposal does not have merit, in which situation
no further consideration will be given;
2. The proposal does have merit and shall be considered
by the planning commission at a public hearing; and
3.
The project should be tabled.
Discussion: Councilmember Webster inquired if
surrounding properties are all zoned rural/residential;
Mr. Fewins explained there are various classifications,
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CITY COUNCIL REGULAR MEETING MINUTES
November 6,1990 - Page 5
i.e., open space to south, low density residential to
west. The current state Patrol site is also zoned
rural/residential.
Mayor Ertel asked for response from the applicant. Rob
Flitton, Development Manager for Parkland Ventures,
resides at 31726-47th Lane S.W., Federal Way. He
distributed a letter and map under date of November 6,
1990, to council for their review. He extended his
appreciation for the council's willingness to listen to
their request without the expense of a detailed review,
enabling Parklane to obtain a quick decision. Their main
concerns are the wetlands, transportation, utilities and
the environment. He stressed the importance of the city
making speedy and sound business decisions.
Councilmember stead agreed with Mr. Flitton, and approves
of merit decisions, but is concerned about the legal
problems involved. He feels the issue should be tabled,
and except for the legality, he would be moving to find
no merit.
Motion by Councilmember Stead to table this matter;
second by Councilmember Marks.
Discussion: Councilmember Marks inquired as to staff
recommendation that the project has no merit--how does
tabling the issue end up affecting the decision.
Councilmember Stead explained it would be the same result
as a finding of no merit. Councilmember Marks asked the
city attorney if there are legal ramifications involved;
Ms. Driscoll explained there are no problems with tabling
the issue.
Motion carried as follows:
Gates Yes Ertel
Marks No Stead
Webster Yes
Yes
Yes
2.
Federal Way Community Plan Support
Ken Nyberg, Assistant City Manager, -on behalf of Larry
Springer, Long Distance Planner, reported there are
monies available thru the county council, as explained in
the draft letter. Councilmember Stead said he understood
these projects would be commenced prior to July 1991,
and, in fact, initially were to have been started in July
of 1990. Mr. McFall explained the earlier start to the
updated community plan was proposed by members of the
county council; the July 1991 initiation date was the
date set by the planning division of King County Parks.
Councilmember Stead said he doesn't feel the city should
accept that date--he would like it done sooner. Deputy
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CITY COUNCIL REGULAR MEETING MINUTES
November 6,1990 - Page 6
Mayor Gates suggested a letter be sent to request
reinsti tution of funding and movement. Councilmember
Webster recommended the date of July 1991 (in second
paragraph) be amended to read "very early in 1991".
Councilmember Stead said he feels the letter can adddress
the commitment for funding in 1991 without specifying a
start date. He also suggested it may be beneficial to
have city councilmembers discuss the issue with the
county council. Mr. McFall said the letter would request
a restoration of funding to the original proposal--he
pointed out the city may need to revise the dollar
figures if an earlier date is suggested. .
Motion by Councilmember Stead to revise the proposed
letter as recommended by council; second by Councilmember
Marks.
Mr. Nyberg asked for one clarification--for suggestion
that there are sufficient funds allowed in order to
restore the full planning efforts as quickly as possible.
Mr. McFall reported council will receive a copy of the
revised letter prior to mailing.
Motion carried as follows:
Gates
Marks
Webster
Yes
Yes
Yes
Ertel
Stead
Yes
Yes
VIII.
CITY MANAGER REPORT
Mr. McFall reported he will give a brief report on the
proposed 1991 budget. He also wanted to advise the
council that the city has just received a copy of the
official audit for the pre-incorporation period for the
ci ty , and is pleased to report it is a clean audit
report, of which copies will be furnished to the council.
He said the council, as well as the interim city staff,
should be commended on their efforts. Mayor Ertel
requested thank you letters be sent to all those
involved. Mr. McFall (copies of the proposed 1991 budget
distributed to all) explained he will gi ve a quick
overview of some of the key elements; as well as a time
schedule for future budget meetings. There will be a
study session for citizen input and budget overview on
November 13th; department presentatations on November
14th; continued to 15th, if necessary; city manager
budget summary and questions and answers on November
19th; public hearing on November 27th; and final budget
presentation on December 11th.
Councilmember Templeton arrived at 8:04 p.m.
Joe Turner, Tacoma Morning Tribune, arrived at 8:13 p.m.
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CITY COUNCIL REGULAR MEETING MINUTES
November 6,1990 - Page 7
Mr. McFall summarized his presentation by saying staff
will present a great deal more detailed information as
the budget deliberations proceed; he is aware of the
council's desire to review all phases thoroughly.
Further, he went on to say that staff is desirous of
extensi ve interaction between council and department
directors, as they set out their specific proposals and
hope for 1991 allocation request achievements, as well as
a long term look into the entire city's financial picture
for the coming years. He then opened a council question
and answer period. Councilmember Templeton asked about
motor vehicle excise tax of $972,500--does that include
$15 per vehicle that county council just shelved? Mr.
McFall responded "yes", and if county council does
reinstitute the fee and it withstands any challenges--and
goes into effect later in the year than originally
anticipated--then that will have a negative impact upon
the ci ty' s anticipated revenues from that particular
source. If the tax is not instituted, the city would
lose approximately $400,000 for 1991. Councilmember
Marks said he feels the tax rate of $1.87 per $1,000 of
assessed valuation is incorrect after talking with staff
at King County recently. Mr. McFall explained the county
council has not finalized their tax rates, so rate is
subject to change--this figure is based on earlier
projections provided to the city. Deputy Mayor Gates
suggested updates would be helpful to council, as well as
to the citizens. Mr. McFall reported the county council
is scheduled to adopt their budget on November 21st, so
will allow the city some response time, if so desired.
Mayor Ertel mentioned the next Suburban cities meeting is
November 14th, so would conflict with the scheduled
budget meeting; Mr. McFall said the meetings could be
adjusted. Mayor Ertel asked if $470,700 for health care
services is firm or estimated; Mr. McFall explained this
is figure received from King County and city staff feels
should be quite positive.
IX.
CITY COUNCIL REPORTS
Councilmember Webster reported Parks/Recreation/Human
Services Committee will meet tomorrow morning at 7:30
a.m., Council Chambers, City Hall.
Councilmember Stead had no report.
Councilmember Marks reported that during tonight's
meeting at the Water & Sewer District, they are honoring
Carolyn Meyer, who is retiring after 20 years as a
district employee.
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CITY COUNCIL REGULAR MEETING MINUTES
November 6,1990 - Page 8
Deputy Mayor Gates reported the Administration/Public
Services Committee will meet Friday at 7: 30 a.m., to
discuss committee's scope of work and business licensing.
Councilmember Templeton reported the deadline for
accepting applications for Human Services funding was
November 2nd. The Human Services Commission will meet on
November 12th at 7: 00 p.m., and again on November 19th at
7:00 p.m., to review those applications.
Councilmember Templeton, in the absence of Councilmember
Handmacher, reported the PlanningjPublic Worksj
Transportation Committee will meet November 14th at 7:30
a.m.. He also reminded Councilmember Stead that the
"Huskies" are in the Rose Bowl!
Mayor Ertel reported she has been attending various
meetings recently and has had all information distributed
to councilmembers for their review. The next summit
meeting will be held next Monday to discuss public
services, i. e., local and regional, and asked council for
their input prior to that time. She also reported on
recent joint meeting with SeaTac/Des Moines/Normandy
Park/Tukwila regarding airport noise and problems, as
well as other issues, i. e., library options. She will be
leaving this Thursday to attend the Urban Mayors' meeting
in Berkeley, California. She will be presenting a brief
slide show following adjournment of the meeting tonight,
which is a preview of her presentation at Berkeley.
X.
AUDIENCE COMMENT
H. David Kaplan, 30240-27th Avenue South, Federal Way,
reminded council about taking action on the Peasley
Canyon rezone.
XI.
ADJOURNMENT
There being no further business to come before the
council, Mayor Ertel adjourned the regular meeting at
8:50 p.m.
~~~
N. Christine Green
Deputy City Clerk
)
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