Council MIN 11-19-1991 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
MINUTES
November 19, 1991 - 7:00 P.M.
City Council Chambers - City Hall
33530 First Way South
* * * * * * * * * *
I.
CALL MEETING TO ORDER
Mayor Ertel called the Federal Way City Council regular
meeting to order at the hour of 7:02 p.m., on the 19th
day of November, 1991, in Council Chambers, city Hall,
Federal Way, Washington.
II.
PLEDGE OF ALLEGIANCE
councilmember Webster led the flag salute.
ill.
COUNCIL ROLL CALL
Council Present: Mayor Debra Ertel, Deputy Mayor Mary
Gates and councilmembers Jim Handmacher, Lynn Templeton,
Joel Marks, Bob Stead and Ji. Webster.
City staff Present: city Manager J. Brent McFall,
Assistant city Attorney Carolyn Lake and Deputy city
Clerk Chris Green.
IV.
AUDIENCE COMMENT
Jullianne Bruce of Matrixx Club, 333l0 Pacific Highway
So, Federal Way, expressed concern about the negative
press coverage the club has recently received.
Peter Townsend, 29508-12th Ave SW, Federal Way,
distributed his salary survey to Council and spoke in
opposition to the proposed salary and class study.
H. David KaDlan, 30240-27th Ave So, Federal Way, spoke in
favor of the proposed parks comp plan and the purchase of
additional park properties.
Ross Cooaan of En-Tec, 1108 SW 314th PI, Federal Way,
spoke in favor of the AutoCad system for the city.
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 2
v.
CONSENT AGENDA
A.
B.
C.
D.
E.
Approval of Minutes - November 5,1991
Approval of Voucher - November 19, 1991
Accept/File Financial Report for October
Interlocal for Conservation Futures
Appointlllent to Parks' Recreation commission
Vacancy
Motion by Councilaember Stead to approve consent agenda;
second by Councilmember Templeton.
Councillllember Marks pulled item B from consent agenda.
Motion to approve consent agenda, minus item B, passed as
follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel,
Stead
yes
yes
yes
Councilmember Marks questioned the voucher payment to
Woodworth' Company and Washington Mutual. Public Works
Director Philip Keightley explained both are for cost of
the asphalt overlay project, with partial payment to
Woodworth and the retainer being held by Washington
Mutual. Mr. McFall added the project is within budget.
Councilmember Marks asked if amount paid to Ram, Inc. is
excessive. Mr. McFall said the figure reflected on the
voucher is correct.
Motion by Councilmember Stead to approve item B of
consent agenda; second by Councilmember Templeton.
Motion passed as follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks yes Stead yes
Webster yes
VI. PUBLIC HEARING
A. Parks Comprehensive Plan
1.
2.
city Staff Presentation/Parks Director Joe Stevens
Audience Comment
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 3
Mayor Ertel opened the public hearing at 7:22 p.m., at
which time Parks Director Joe stevens delivered a short
presentation. He thanked members of the commission for
their dedication and hard work, as well as thanking all
citizens who participated in the City's park surveys and
workshops.
Mayor Ertel invited audience comment at 7:37 p.m..
H. David Kanlan, 30240-27th Ave So, Federal Way, as a
lIIember of the Parks Task Force, urged the Council to
accept the extended public service budget for 1992.
There being no further discussion or audience comment
regarding the parks comprehensive plan, Mayor Ertel
closed the public hearing at 7:37 p.m..
Councilmember Templeton extended kudos to Councilmember
Webster and Parks Director stevens for their excellence
in establishing the City parks program. Mr. Stevens
acknowledged and thanked his Staffmembers Jenny Schroder,
Cheri McCabe and Sue Floyd for their assistance and
dedication in establishing programs.
Mr. McFall explained action on the parks plan will be
taken up later in the agenda.
VII.
INTRODUCTION ORDINANCES
A.
Chief Law Enforcement Officer Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING ORDINANCE 90-20, ESTABLISHING
THE CITY MANAGER AS THE CHIEF LAW ENFORCEMENT OFFICER AND
CREATING THE OFFICE OF CHIEF OF POLICE, PROVIDING FOR THE
APPOINTMENT THEREOF, PRESCRIBING THE DUTIES OF THE
OFFICE, AND ESTABLISHING AN OATH AND BOND AS REQUIREMENTS
FOR THOSE HOLDING THE OFFICE, EXCEPT IN CERTAIN
CIRCUMSTANCES.
Mr. McFall asked the Council to suspend rules and act on
the ordinance.
Motion by Councilmember Stead to suspend rules; second by
councillllember Marks. Motion to suspend rules passed as
follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 4
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Motion by council.ember Webster to approve Chief Law
Enforcement Officer Amendment; second by Deputy Mayor
Gates. Motion to approve Ordinance No. 91-111 "Chief Law
Enforcement Officer Amendment" passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
stead
yes
yes
yes
B.
Parks/Recreation/Open Space Comprehensive Plan Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING THE FEDERAL WAY COMPREHENSIVE
PARKS, RECREATION AND OPEN SPACE PLAN AND AMENDING
FEDERAL WAY CODE TITLE 20.230 (ORDINANCE NO. 90-40 AND
91-109) TO ADOPT THE FEDERAL WAY COMPREHENSIVE PARKS,
RECREATION AND OPEN SPACE PLAN AS A CITY OF FEDERAL WAY
SEPA POLICY.
Mayor Ertel presented the first readinq of the ordinance
followed by a brief presentation by Long Ranqe Planninq
Manager Larry springer. He explained the Planning
Commission recommends adoption of the proposed plan.
Final approval of the ordinance is scheduled for the next
regular meeting of the City Council.
C.
Tenant Improvements
PLANNING COMMISSION RECOMMENDATION:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING THE FEDERAL WAY ZONING CODE
(ORDINANCE NO. 90-43) BY ADDING DEFINITIONS RELATING TO
TENANT IMPROVEMENTS, CHANGE OF USE, AND NORMAL
MAINTENANCE; AMENDING VARIOUS FEDERAL WAY CODE SECTIONS
TO DELETE THE REQUIREMENT THAT A MAI APPRAISAL BE
SUBMITTED BY APPLICANTS IN ORDER TO REVIEW PROJECTS FOR
NON-CONFORMANCE THRESHOLDS; AMENDING VARIOUS FEDERAL WAY
CODE SECTION TO DELETE REFERENCES "TO ANY TWELVE-MONTH
PERIOD" TO BE REPLACED WITH "ANY CALENDAR YEAR"; AMENDING
VARIOUS FEDERAL WAY CODE SECTIONS TO DELETE NORMAL
MAINTENANCE COSTS IN THE CALCULATIONS OF DETERMINING NON-
CONFORMANCE THRESHOLDS; AMENDING FEDERAL WAY CODE SECTION
165.35.3(8) TO RAISE THE THRESHOLD FOR NON-CONFORMING
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 5
PROCEDURES FROM THIRTY-FIVE PERCENT TO FIFTY PERCENT OF
THE ASSESSED OR APPRAISED VALUE OF THE SUBJECT PROPERTY;
AND AMENDING FEDERAL WAY CODE SECTION 175.10.2 RELATING
TO EXCEPTIONS TO SITE PLAN REVIEW.
OR SUBSTITUTE ORDINANCE
PLAN/PUBLIC WORKS/TRANS COMMITTEE RECOMMENDATION:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING THE FEDERAL WAY ZONING CODE
(ORDINANCE NO. 90-43) BY ADDING DEFINITIONS RELATING TO
TENANT IMPROVEMENTS, CHANGE OF USE, AND NORMAL
MAINTENANCE; AMENDING VARIOUS FEDERAL WAY CODE SECTIONS
TO DELETE THE REQUIREMENT THAT A MAI APPRAISAL BE
SUBMITTED BY APPLICANTS IN ORDER TO REVIEW PROJECTS FOR
NON-CONFORMANCE THRESHOLDS; AMENDING VARIOUS FEDERAL WAY
CODE SECTIONS TO DELETE NORMAL MAINTENANCE COSTS IN THE
CALCULATIONS OF DETERMINING NO~-CONFORMANCE THRESHOLDS;
AMENDING FEDERAL WAY CODE SECTION 165.35.3(B) TO RAISE
THE THRESHOLD FOR NON-CONFORMING PROCEDURES FROM THIRTY-
FIVE PERCENT TO FIFTY PERCENT OF THE ASSESSED OR
APPRAISED VALUE OF THE SUBJECT PROPERTY; AND AMENDING
FEDERAL WAY CODE SECTION 175.10.2 RELATING TO EXCEPTIONS
TO SITE PLAN REVIEW.
Mayor Ertel presented the introduction readings for both
ordinances. Mr. Springer gave a short explanation
regardinq the differences between the two
recommendations.
Motion by Councilmember Webster to bring back both
proposed ordinances at the Council's next regular
.eating; second by council.ember Handmacher. Motion
passed a. follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
D.
Merit Decision/Amendments
PLANNING COMMISSION RECOMMENDATION:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE,
CHAPTER 160, PROCESS IV, RELATING TO PROCESS FOR AMENDING
THE ZONING MAP, THE ZONING CODE, AND THE COMPREHENSIVE
PLAN, TO DELETE THE REQUIREMENT OF A CITY COUNCIL
THRESHOLD MERIT DECISION FOR SUCH PROPOSED AMENDMENTS,
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 6
ESTABLISHING CRITERIA FOR PLANNING STAFF EVALUATION OF
PROPOSED AMENDMENTS INITIATED BY THE PUBLIC, AND
ESTABLISHING CITY COUNCIL PRIORITY RANKING OF PROPOSED
AMENDMENTS INITIATED BY THE PLANNING COMMISSION.
(AMENDING FEDERAL WAY ORDINANCE 90-40)
OR SUBSTITUTE ORDINANCE
PLAN/PUBLIC WORKS/TRANS COMMITTEE RECOMMENDATION:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE,
CHAPTER 160, PROCESS IV, RELATING TO PROCESS FOR AMENDING
THE ZONING MAP, THE ZONING CODE, AND THE COMPREHENSIVE
PLAN, TO DELETE THE REQUIREMENT OF A CITY COUNCIL
THRESHOLD MERIT DECISION FOR SUCH PROPOSED AMENDMENTS,
AND ESTABLISHING CITY COUNCIL PRIORITY RANKING OF
PROPOSED AMENDMENTS INITIATED BY THE PLANNING COMMISSION.
(AMENDING FEDERAL WAY ORDINANCE 90-40)
Mayor Ertel introduced the proposed ordinances, and Mr.
Springer briefly outlined the differences between the two
documents.
Motion by Councilmember Handmacher to return only the
substitute ordinance at the Council's next regular
lIIeeting; second by Councilmember Templeton. Motion
passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
VIII.
RESOLUTIONS
A.
Eagle Hardware' Garden Application
HEARING EXAMINER RECOMMENDATION:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING AN APPLICATION BY EAGLE
HARDWARE AND GARDEN FOR A RETAIL HARDWARE AND NURSERY
FACILITY WITHIN A MANUFACTURING PARK DISTRICT ON A SITE
OF OVER FIVE (5) ACRES, SUBJECT TO CONDITIONS.
ALSO PROPOSED ARE 2 SUBSTITUTE RESOLUTIONS FROM
PLANNING/PUBLIC WORKS/TRANSPORTATION COMMITTEE
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 7
Motion by Deputy Mayor Gates to approve proposed original
resolution; second by Councilmember Stead.
Senior Planner Greg Fewins explained the three proposed
resolutions and introduced Senior Engineer Ron Garrow,
who presented a detailed overview report to Council,
followed by a question and answer period.
Councilmember Handmacher asked if maker of the motion
would accept a recommendation to approve proposed
substitute resolution #2, in lieu of proposing the
original motion for Council approval. Deputy Mayor Gates
accepted his recommendation; Councilmember Stead
concurred.
Motion to approve substitute resolution #2 as Resolution
No. 91-85 NEagle Hardware & Garden Application" passed as
follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Mayor Ertel announced a five-.inute recess at the hour of
8:17 p...; she reconvened the .eeting at 8:22 p.m..
B.
Recycling Program
A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON,
PROVIDING FOR THE ADOPTION OF THE NCITY OF FEDERAL WAY
WASTE REDUCTION AND RECYCLING IMPLEMENTATION PROGRAM".
Engineer III Pearl Kronstad introduced Bruce Thompson,
SWAC Chairman, who gave a slide presentation to Council,
and thanked all task force members for their valuable
assistance in establishing the proposed program.
Following an extended question and answer period, Mr.
Keightley explained this resolution adopts implementation
only regarding the proposed program. Approval of the
actual hauling contract is scheduled for return to
Council within the next few weeks. Two major concerns of
Councilmembers are special allowance rates for senior
citizens and the drop center site.
Councillllember Webster lIIoved to adopt the proposed
resolution to allow for continued discussion; second by
Councilmember Handaacher.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 8
Councilmember Handmacher moved to amend the prior motion,
by deleting the element to specify a city-owned drop
site, and specify continued committee review on the
issue; second by Councilmember Marks. Amendment to the
prior motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Motion to approve Resolution No. 91-86
Program", as amended, passed as follows:
"Recycling
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks yes Stead yes
Webster yes
C. King County Economic Development Corporation
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING THE PROPOSAL OF THE KING
COUNTY ECONOMIC ENTERPRISE CORPORATION TO FINANCE CERTAIN
INDUSTRIAL DEVELOPMENT FACILITIES TO BE LOCATED IN THE
CITY OF FEDERAL WAY.
Mr. McFall offered a brief explanation of the resolution.
Motion by Councilmember Marks to approve Resolution No.
91-87 "King County Economic Development Corporation";
second by Councilmember HandJllacher. Motion passed as
follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
IX.
COUNCIL BUSINESS
A.
Pay and Class Study Implementation
(City Staff Contact: J. Brent McFall)
Motion by councilmember Marks to implement the study at
the 50th percentile; second by Councilmember Stead.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 9
Councillllember Handmacher inquired if Councilmember Marks
was including the vision and extra holiday package with
his motion.
Councilmember Marks restated his prior motion to
implement the study at the 50th percentile, as
recommended by Ewing & Company, excluding the vision and
additional holiday/vacation package; councilmember stead
concurred in the restated motion.
Following a lengthy Council discussion, a vote at the
50th percentile recommendation was called for and failed
as follows:
Handmacher
Gates
Marks
Webster
no
no
yes
no
Templeton
Ertel
Stead
no
no
yes
Councilmember Handmacher moved to approve Mr. McFall's
recommended matrix at the 60th percentile, without added
benefit of vision care package and additional
holiday /vacation package; second by Councilmember
Templeton.
Following additional discussion by Councillllembers, a vote
at the 60th percentile, without added vision care package
and additional holidays/vacations, was taken and passed
as follows:
Handmacher
Gates
Marks
Webster
yes
yes
no
yes
Templeton
Ertel
Stead
yes
yes
yes
Deputy Mayor Gates suggested the vision care package be
deferred for additional information, and to allow City
Staff future choices. Mr. McFall explained the City
could defer the issue to the cafeteria health care study
scheduled for presentation in early 1992. Councilmember
Templeton said he is concerned about deferring a decision
on additional holidays at this time, as the study shows
the city is lacking with its current vacation schedule.
Motion by Councilmember Templeton to accept the City
Manager's recommendation for one additional floating
holiday and adjustment of the vacation schedule; second
by Councillllember Stead. '
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 10
Councilmember Handmacher said he is not comfortable with
the proposed motion and moved to amend Councilmember
Templeton's motion to add two additional vacation days
per year, but delete the floatinq holiday; second by
Councilmember Stead.
Amendment to prior motion to allow two additional
vacation days per year, but delete floating holiday
failed as follows:
Handmacher
Gates
Marks
Webster
yes
no
yes
no
Templeton
Ertel
stead
no
no
yes
Mayor Ertel called for a vote on the original motion.
Councilmember Templeton's motion to approve City
Manager's recommendation of one floatinq holiday per
year, to adjust vacation schedule to the rate of one day
per month (12 days annually) after one year, and review
balance of vacation program at a later date in
conjunction with total review of leave policy passed as
follows:
Handmacher
Gates
Marks
Webster
no
yes
no
yes
Templeton
Ertel
Stead
yes
yes
no
Mayor Ertel reminded Councilmembers of their earlier
decision to defer the cost of living adjustment until
completion of the pay and class study. Mr. McFall
reported the earlier recommendation was a one time, two
percent adjustment payment, which would not affect base
salaries.
Deputy Mayor Gates moved to pay City Staff a one time,
two percent bonus from July 1991 through December 1991,
to reflect the commitment set by the 1991 budqet, which
bonus will not affect base salaries; second by
Councilmember Handmacher. Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
no
yes
Templeton
Ertel
Stead
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 11
B.
Comprehensive Housing Affordability strategy (CHAS)
Mr. Springer presented a short report and advised Council
that Tom Phillips was present to answer any questions
they might have regarding CHAS. Councilmember Handmacher
requested a review of amendments only, as the entire
program has been thoroughly reviewed and discussed at
prior meetings.
Motion by Councilmember Webster to approve the city's
Comprehensive Housing Affordability strategy; second by
Councilmember Stead. Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
C.
Bid Acceptance/1st Ave So & SW 330th st Traffic Signal
& So 320th st Traffic Signal Interconnect
Public Works Director Philip Keightley reported bids have
now been opened for the 1st Ave So and SW 330th traffic
signal ànd So 320th street traffic signal interconnect,
with two bids received. He recommended approval and
award of the contract to low bidder Amaya Electric in the
sum of $228,543.58.
Motion by Councilmember Templeton to approve project
award to Amaya Electric, as presented by Mr. Keightley;
second by Councilmember Webster. Motion passed as
follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
x.
CITY MANAGER REPORT
Mr. McFall requested the Council schedule a 15-minute
executive session prior to adjournment, for the purpose
of discussing negotiations for property acquisition and
pending litigation.
He also reported that Councilmember Handmacher had
submitted his resignation as a member of the Metro
Council, and recommended the Council select a new
representative as soon as possible.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 12
XI.
CITY COUNCIL REPORTS
Councilmember Webster reported the Parks/Recreation/Human
Services Committee will meet tomorrow at 7:00 a.m., and
will be reviewing the Human Services Commission's
recommendations for 1992 funding.
Deputy Mayor Gates announced the next meeting of the
Administration Committee will be held Friday at 7:30
a.III..
Councilmember Handmacher reported the Planning/Public
Works/Transportation committee will meet Monday, November
25th at 7:00 p.m.. He urged the appointment of a new
Metro Council representative at this time.
Mayor Ertel explained the importance of having immediate
representation on the Metro council, and announced Deputy
Mayor Gates is willing to fill the vacancy.
Motion by Councilmember Stead to appoint Deputy Mayor
Gates to the City's Metro Council position; second by
Councilmember Webster. Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Councilmember Stead reported he and Deputy Mayor Gates
attended last week's Suburban cities Association meeting.
Both were appointed to the Board of Trustees, giving
Federal Way excellent representation by filling two out
of the nine seats on the Board.
Councilmember Templeton r-inded Council he will be
serving jury duty in King County Superior Court for the
next two weeks.
XII.
AUDIENCE COMMENT
Peter Townsend, 29508-12th Ave SW, Federal Way, thanked
Mayor Ertel and Councilmember Handmacher for their work
in the community, and said he hopes they will continue to
participate in the coming years.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
November 19, 1991 - Page 13
Jeremv Mathews, 26323 Carnaby Way, Kent, Thomas Jefferson
High School student, speaking as a youth representative,
asked the Council to provide funding and help establish
a "Teen Council" in the Federal Way area.
Mr. McFall added he recently spoke to students at Thomas
Jefferson and they are anxious to take an active part in
community affairs.
XIII.
EXECUTIVE SESSION
A.
To discuss property acquisition pursuant to
RCW 42.30.ll0(b)
B.
To discuss litigation or potential litigation
pursuant to RCW 42.30.110(i)
Mayor Ertel recessed the regular meetinq at 10:08 p.m.,
and announced the Council would convene for a 15-minute
executive session to discuss property acquisition and
pending litigation. She also announced there would be no
business conducted following adjournment of the executive
session.
Mayor Ertel announced the executive session adjourned at
10:25 p.m., with no action taken, and reconvened the
regular meeting.
XIV.
ADJOURNMENT
There being no further business to come before the
Council, Mayor Ertel adjourned the regular meeting of the
Federal Way City Coun il at the r of 10:25 p.m..