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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..